HomeMy WebLinkAboutOrdinance 2819
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ORDINANCE NO. 2819
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AN ORDINANCE AMENDING SECTIONS 13.C(6) AND 13.C(9(G) OF
ORDINANCE 2374 AND THE SIGN ORDINANCE OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS TO CORRECT THE
PROVISIONS DEALING WITH POLITICAL SIGNS SO AS TO
CLARIFY THAT SIGNS WITH POLITICAL MESSAGES WHICH DO
NOT MEET THE SIZE RESTRICTIONS OF A POLITICAL SIGN AS
THEREIN DEFINED ARE ALLOWED IN DISTRICTS PERMITTING
OTHER SIGNS, SUBJECT TO THE RESTRICTIONS GENERALLY
APPLICABLE TO SIGNS IN SUCH DISTRICTS; PROHIBITING
POLITICAL AND WEEKEND ADVERTISING SIGNS IN PUBLIC
RIGHTS OF WAY ADJACENT TO PUBLICLY OWNED PROPERTY;
AUTHORIZING REMOVAL WITHOUT NOTICE OF SIGNS IN
RIGHTS OF WAY WHICH CONSTITUTE A SAFETY HAZARD;
CLARIFYING RESTRICTIONS ON MINIMUM DISTANCE FROM
BACK OF CURBS FOR SIGNS IN RIGHTS OF WAY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING
FOR PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
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WHEREAS, Constitutional protections for signs with political messages limits require that
such signs be permitted subject to no more restrictions than other signs; and,
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WHEREAS, language in the current ordinance inadvertently establishes an invalid restriction
on political signs (as therein defined) limiting such signs to residential areas;
and,
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WHEREAS, the current ordinance provisions prohibit political and weekend advertising on
all public property, but would permit such signs on public right of way adjacent
to such property, which can cause the misperception that such signs are on or
sponsored by the entity owning such adjacent property; and
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WHEREAS, the amendments herein have been recommended by the City's attorney; NOW,
THEREFORE,
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
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Section 1:
THAT North Richland Hills Ordinance 2374, as amended, is hereby amended
by amending Section 13.C(6) to read as follows:
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"6. Political Signs.
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a. A political sign is a sign that contains primarily a political message, has an
Ordinance No. 2819
Page 1 of 4
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effective area of36 square feet or less, is no more than eight feet in height, is not illuminated,
and has no moving elements.
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b. No permit shall be required for any political sign as defined in a. above.
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c. Political signs shall be allowed in all zoning districts on private property with
the consent of the property owner.
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d.
Political signs shall not be located on any utility, light, traffic signal or sign
pole.
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e. Political signs shall be allowed for a period of thirty (30) days prior to local or
county elections, sixty (60) days prior to a state election, and ninety (90) days prior to a
national election. All political signs shall be removed no later than seven (7) days after the
election or after the termination of candidacy, whichever comes first.
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f. Signs with primarily political messages which do not meet the definition of a.
above shall not be allowed unless with a permit subject to other sign requirements.
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g. Political signs shall not be located so as to cause a safety or traffic hazard.
Signs within public right of way which, in the opinion of the Director of Public Works or his
designee constitute a safety or traffic hazard may be relocated if feasible or removed without
prior notice, pursuant to written guidelines to be developed by the Director of Public Works
and filed with this ordinance.
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h. A political sign shall not be illuminated or projected.
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i. Political signs shall not be placed on public property or within public right of
way, except that political signs less than three (3) feet in height and with no more than six (6)
square feet of sign face on any side may be placed in public right of way, other than a median,
with no portion of such sign closer than three (3) feet from the back of the curb, or, ifno curb,
from the edge of the pavement of streets classified by the City's thoroughfare plan as arterial
P6D, M6D, M4D, P7U, M5U or M4U or collectors classified as C4U or C2U as long as such
sign is not placed in right of way adjacent to an occupied residence or adjacent to publicly
owned land other than a road. No sign shall be placed within thirty (30) feet of an identical
sign. Signs shall not extend over the sidewalk or street."
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Section 2:
THAT Ordinance 2374, as amended, is hereby amended by amending Section
13.C(9)g to read as follows:
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"9.
Weekend Advertising Sign.
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The purpose of Weekend Advertising signage is to assist the public by guiding them
to available residential properties in North Richland Hills.
Ordinance No. 2819
Page 2 of4
g. Signs shall not, except as herein provided, be placed on public property or in
public right of way. Such signs may be placed no closer than three (3) feet from the back of
the curb or, if no curb, from the edge of the pavement of streets classified by the city's
thoroughfare plan as arterial P6D, M6D, M4D, P7U, M5U or M4U or collectors classified as
C4U or C2U as long as such sign is not placed in right of way adjacent to an occupied
residence or adjacent to publicly owned land other than a road Signs shall not extend over the
sidewalk or street.
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Section 3:
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Section 3:
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Section 4:
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Section 5:
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"
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases ofthis ordinance are severable and,
if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional or otherwise invalid by the final judgment or decree
of any court of competent jurisdiction, such invalidity shall not affect any ofthe
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 any such invalid phrase, clause, sentence,
paragraph or section.
Any person, firm or corporation violating any provision ofthis ordinance shall
be deemed guilty of a misdemeanor and upon final conviction thereof fined in
an amount not to exceed Five Hundred Dollars ($500.00). Each day any such
violation shall be allowed to continue shall constitute a separate violation and
punishable hereunder.
The City Secretary is hereby authorized and directed to cause the publication
ofthe descriptive caption and penalty clause ofthis ordinance as an alternative
method of publication provided by law.
This ordinance shall be in full force and effect immediately upon passage.
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AND IT IS SO ORDAINED.
PASSED on this 24th day of January, 2005.
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Ordinance No. 2819
Page 3 of 4
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Patricl~IFrttt~bn, City Secretary
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By:
CITY OF NORTH RICHLAND HILLS
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Oscar Trev , Mayor
APPRO E AS TO FORM AND LEGALITY:
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APPROVED AS TO CONTENT:
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Ordinance No. 2819
Page 4 of4
Guidelines for the Relocation or Removal of Political Siqns
considered a Safety or Traffic Hazard
1. The Public Works Director or his designee will respond to all complaints covering
the potential of safety or traffic hazards caused by the location of political signs. A
visual inspection will be made by the Public Works Director or his designee to
confirm that a safety or traffic hazard exists.
2. If no safety or traffic hazard exists then the person who made the complaint will be
notified in writing (if contact information is left by the person) of the determination
made by the Public Works Director or his designee.
3. If safety or traffic hazards exist then the Public Works Director or his designee will
relocate the sign in a close proximity to its original location so as to not cause a
safety or traffic hazard. All possible efforts will be made to allow the sign direction
and visibility to meet the original intent.
4. The person or party responsible for the original placement of the sign will be
notified in writing that the sign was relocated.
5. If a political sign is determined to be a safety or traffic hazard and cannot be
relocated in the same proximity of the original location, the sign will be removed
and the person or party responsible for the placement of the sign will be notified in
writing to explain why it was removed and where it can be retrieved. When
feasible, city staff will attempt to contact by phone the person or party responsible
for the placement of the sign prior to it being removed to inform them the sign has
been deemed a safety or traffic hazard and cannot be safely relocated. City Staff
will make one phone call to each person or party responsible for placement of the
sign. Each candidate and/or political action committee shall be responsible for
providing the City Secretary with a single phone number to be used for notification
purposes as defined above.
6. Any and all political signs that have been deemed a safety or traffic hazard and
therefore removed must be retrieved from the City no later than 7 days after the
election or termination of candidacy whichever comes first. Any signs not retrieved
will be disposed of by the City.
Attachment to Resolution No. 2005-011
INVOICE
Star - Telegram
-IllO W. 7th Strcet
Fl )IZ F WORTI I. FX 76 102
( 817) 390 -7761
Federal Fay ID 72- 3148254
Bill To:
CITY OF N RICHLAND HILLS /SECRET
PO 13OX 820609
NORTH RICHLAND HILLS, TX 76182-
I Description
ORDINANC'F. NO. 2819 An ordinanc
Preview
Customer Ill: CITl3
Invoice Number: 251318481
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Dates:
1/28/05
Net due in 21 days
1/3 1 /0
25131848
073
ORDINANCE NO. 2
1/27/05 - 1128105
Location Col Depth Linage MU Rate Amount i
13580 1 75 75 LINL S0.36 S54.00
ORDINANCE NO
2819
An ordinance amend-
ing Sections 13.c {6)
and 13.c(9(ct' of r- Net Amount: 5
disance 23774 and the
_ig n ordinance of the
('ityy of North Richland
Hills, Texas to correct
the provisions dealing
with political signs so
as to clarify that signs
with political rnes-
sages which do not
meet the size re-
strictions of a political
! sign as therein de-
fined are allowed in
districts permitting
otl - ier signs, subject to
the restrictions gen-
erally applicable to
signs in such districts:
prohib'lln political
-Ind weekend adver-
t,Sing signs in public
nghfs of way adjacent
to publicly owned
property authonzmg ht''rs! i,Nh 1
removal without no-
tice of signs m rights
of way which constr
lute a safety hazard;
clarifying restrictions
THE STAT on mrnimurr, distance
_ from back of curbs for
County of signs in rights of way;
providtn a sever -
ability clause; provid
me a penaltyy pro -
Before me, vi dn �stabflisK,. a for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star effective date. g ' the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the alt. A corporatio viol sn was published in the above named paper on the listed dates: BIDS 8Z LEGAL DFPT STAR TLEGRAM
(617) 39( any provision of this
ordinance shall be
deemed guilty of a
misdemeanor and t
upon final conviction
thereof fined in on Signed__
amount not to exceed
Five Hundred Dollars
SUBSCRIBI an ($500.00). Each day3EFORE ME, THIS Thursday, February, 3 20 5. /
any such violation �� ,
shall be allowed to
contn shall - y Publi
P
i rote a separate vio re and
latiod punishablshabl Otar
N e
hereunder �
.
Pessed and approved
this the 24th day of
January 2005.
/s /Oscar Trevino -
Thank Y Mayor
jyment
A rTEST.
�s;
Patricia Hutson -
Crt Secretary
APPROVED AS TO
FOf-7M AND LEGAL -
l /S
V.
Ge.ory e ;taples -
t,Itv Attorney
Remit To: Star- I elegam Customer ID: CIT 13
P.O. Box 901051 Customer Name: CITY OF N RICHLAND HIL
FORT WORTI I, TX 76101 -2051 Invoice Number• 2513 18481
Invoice Amount: $54.00
PO Numher:
Anwu►lt Enclosed: $