HomeMy WebLinkAbout2012 10-08-2013 ORDINANCE NO. 2012
AN ORDINANCE AMENDING , . CHAPTER 84, "UNIFIED
DEVELOPMENT CODE", OF THE CITY OF EULESS, TEXAS BY
AMENDING ARTICLE VI, "SIGNS AND STREET GRAPHICS
REGULATIONS", SECTION 84-232, "DEFINITIONS AND
REQUIREMENTS", SUBSECTION (68) "POLITICAL SIGNS", BY
PROVIDING FOR THE PLACEMENT OF POLITICAL SIGNS ON
PUBLIC PROPERTY IN CERTAIN CIRCUMSTANCES; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas is a home rule city acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the 83`d session of the Texas Legislature (2013) passed House Bill 259
which amends Sections 61.003 and 85.036 of the Texas Election Code to allow entities that own
public buildings that are used as polling places to enact reasonable time, place and manner
restrictions on electioneering, including the placen,c.pit of political signs; and
WHEREAS, the City of Euless currently has regulations in place governing the
placement of political signs; and
WHEREAS, the City Council finds that the City's regulations governing political signs
should be amended to comply with state law; and
WHEREAS, the City Council finds that regulations addressing these concerns are in the
best interest of the health, safety and welfare of the citizens of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, THAT:
SECTION 1.
Chapter 84, "Unified Development Code", Article VI, "Signs and Street Graphics
Regulations", Division I, "Generally", Section 84-232, "Definitions and Requirements" of the
Code of Ordinances of the City of Euless, Texas is hereby amended by amending subsection
sixty eight(68) to read as follows:
(68) Political sign. A sign that relates to the election of a person to a public office, relates to a
political party, relates to a matter to be voted upon at an election called by a public body,
or contains primarily a political message.
a. Time. No sign permit required. Signs shall be removed within seven calendar days
after the completion of the election. If a sign is permitted to be placed at a polling
site pursuant to Section 61.003 or Section 85.036 of the Texas Election Code, as
amended, it must be removed from the polling site within twenty four (24) hours
after the close of the polls on Election Day and within twenty four (24) hours after
the close of the early voting period.
b. Place. Political signs shall be located only on private property with the consent of
the property owner. A political sign shall not be erected: i) closer than ten feet
from the edge of the street pavement; ii) located on any public property; or iii)
within a public easement or right-of-way. Notwithstanding the regulations in this
subsection and pursuant to Section 61.003 or Section 85.036 of the Texas Election
Code, as amended, the posting, use, or distribution of political signs is permitted
only in designated locations on the City's property that are approved by the City
Council and only during the voting period or the early voting period. City staff
shall provide a description of the approved locations for permitted electioneering
pursuant to this subsection and Section 61.003 or Section 85.036 of the Texas
Election Code, as amended.
c. Manner. Political signs shall not exceed eight feet in height measured from the
ground to the highest point of the sign. Political signs shall not exceed 36 square
feet in area. Political signs shall not be illuminated. Political signs shall not
contain any moving elements or parts. Political signs shall not be dilapidated or
cause a hazard.
If a sign is permitted to be placed at a polling site pursuant to Section 61.003 or
Section 85.036 of the Texas Election Code, as amended, the sign shall not be
larger than six (6) square feet (2'x3') and must be attached to a stake driven into
the ground well clear of tree roots, irrigation lines and any other underground
vegetation or structures that could he damaged by such a stake. Additionally, each
supporting stake(s) must not exceed a 9 gauge diameter (American Wire Gauge
standard (AWG).
SECTION 2.
CUMULATIVE. This Ordinance shall be cumulative of all provisions of the City Code
and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance
are in direct conflict with the provisions of other ordinances, in which event the conflicting
provisions of the other ordinances are hereby repealed.
Ordinance No. 2012, Page 2 of 4
SECTION 3.
SEVERABLE. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect the remaining phrases, clauses, sentences, paragraphs, and
sections of this ordinance, since the same would have been enacted by the City Council without
the incorporation in this ordinance of the unconstii'*.ional phrase, clause, sentence, paragraph, or
section.
SECTION 4.
SAVINGS. All rights and remedies of the City of Euless are expressly saved as to any
and all violations of the provisions of the City Code or any other ordinances regulating political
signs that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTIG'4 5.
PENALTY. Any person, firm or corporation violating any of the terms and provisions
of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
fined in accordance with Chapter 1, Section 1-12, Euless Code of Ordinances. Each such
violation shall be deemed a separate offense and shall be punishable as such hereunder.
SECTION 6.
PUBLICATION. The City Secretary of the City of Euless is hereby directed to publish
the caption, penalty clause and effective date of this ordinance in the official newspaper of the
City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless.
SECTION 7.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its
passage and publication as required by law, and it is so ordained.
Ordinance No. 2012, Page 3 of 4
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 8r" day of October 2013, by a vote of 7 ayes, 0
nays and 0 abstentions.
APPROVED: ATTEST:
j1.2,/
Mary L•r, Saleh, Mayor i Sutter, TRMC, City Secretary
APPROVED AS TO FORM:
b)h-
Wayne K. Olson, City Attorney
Ordinance No. 2012, Page 4 of 4