Ordinance No. 12,318ORMNANCE NO. 12,318
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFBAYTOWN, TEXAS,
AMENDING CHAPTER 118 "SIGNS," ARTICLE 11 "ADMINISTRATION,"
DIVISION 4 "PERMITS," SECTION 118-139 "POLITICAL SIGNS" OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE DURATIONAL
LIMITATION ON POLITICAL SIGNS AND TO REDUCE THE SIZE OF SUCH
SIGNS IF A PERMIT IS NOT OBTAINED; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 118 "Signs," Article 11 "Administration," Division 4 "Permits,"
Section H 8-139 "Political signs" of the Code of Ordinances, Baytown, Texas, is hereby amended to read
as follows:
CHAPTER 118. SIGNS
ARTICLE It. ADMINISTRATION
DIVISION 4. PERMITS
See. 118-139. Political signs.
(a) Private prolmr1j). No permit shall be required under this chapter for a sign that
contains primarily a political message and that is located on private real property
with the consent of the property owner, provided that such sign:
a. does not have an surface area greater than 36 feet, excluding the sign
structure;
b. is not more than eight feet high;
C. is not illuminated; and
d. has no moving elements.
As used in this subsection, "private real property" does not include real property
subject to all casement or other encumbrance that allows the city to use the
property for a public purpose."
(b) Public prol)eqy.
(1) Prohibited. Except as provided in subsection (b)(2) of this section, a
sign that contains primarily a political message is prohibited oil public
property, including the rights-of-way.
(2) Except on. A sign that contains primarily a political message may be
located in a designated area at least 100 feet firom the main entrance to a
polling place during a voting period at such polling place. An area may
I
be designated by the city manager when a city facility, is used as a polling
place or by an official of another governmental entity when such entity's
facility is used as a polling place. As used in this Subsection, "voting
period" means the continuous period beginning oil the date that the polls
are open for voting and ending on the date when the polls at such
location are closed or the last voter has voted, whichever is later.
(3 ) Removal. The sign administrator may remove and dispose of any
political sign placed on public property or within the public rights-of-
way.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of tills
ordinance are hereby repealed; provided, however, that Such repeal shall be only to the extent Of Such
inconsistency and in all other respects this ordinance shall be Cumulative of other ordinances regulating
and governing the subject matter covered by this ordinance.
Section 3: If any provision, section, exception, Subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or the set of circumstances, shall for ally
reason be held t►nconstitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or then- application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be severable.
Section 4: Any person who fails to comply with any provision of this ordinance shall be
Guilty of a misdemeanor and, LIP011 Conviction, shall be punished by a fine not exceeding FIVE
HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which ally
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies Such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5: This ordinance shall take effect from and after tell (10) days from its passage by
the City Council. The City Clerk is hereby directed to give notice hereof by calking the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within tell (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote e City Council of the City of
Baytown, this the 22"d day of August, 2013. /�011 1— 141
R:\Karen) Files\City Counci ROrd i nancesl20 13'%Au.- ust 22\Pol iticalS igns. doe
CARLOS, Mayor