HomeMy WebLinkAboutOrd 896-2021 Amending Code Article 9.05.017 Political SignsCITY OF ANNA, TEXAS
ORDINANCE NO. 5jufU `a(7S I
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING ARTICLE 9.05, SECTION 9.05.017 REGARDING POLITICAL
SIGNS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW,
WHICHEVER IS LESS, AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing political signs; and
WHEREAS, the City Council of the City of Anna ("City Council") has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend Section 9.05.017
(Political Signs) of Article 9.05 (Signs) of The Anna City Code of Ordinances ("Anna Code") by
further defining the time, place and manner of display of political signs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna City Code of Ordinances, ("Anna Code"), the following
amendments are made to Section 9.05.017 (Pocal Signs) of Article 9.05 (Signs):
ARTICLE 9.05 SIGNS
Sec. 9.05.017 Political signs
(a) With the exception of the regulations and restrictions expressly set forth
in this section, this article +ho�o ��^n ro^I�+�^�� .�^ does not apply to political
signs.
(b) Public Property; Private Propert rL. Except to the extent allowed-��I�I�j�t-ts
th^ ��^^^+�^� under subsections (d), (e) and (f), political signs may not be
located on public rights -of -way, medians, city parks, or any other publicly
owned or controlled property anywhere. Subject to the restrictions under
subsection (c), political signs may be located on `""+h +ho P.xGeptiGn ^f private
real property with the property owner's consent. In this subsection, "private real
CITY OF ANNA, TEXAS ORDINANCE NO.
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encumbrance that allows a municipality to use the property for a public
purpose.
(c) Restrictions. Political signs must not:
(1) Be illuminated;
(2) Have any moving elements;
(3) Exceed 36 square feet in area;
(4) Exceed eight feet in height;
(5) Be located in or obstruct any public right-of-way or easement
or interfere with the authorized use of any public right-of-way or
easement; or
(6) Create a nuisance or be in violation of any state or federal
regulations or restrictions.
(d) Time Period. Political signs regarding candidates or measures up for
election may be displayed on the premises of a polling place on property owned
or controlled by the city at the locations described under subsection (e)
beginning no earlier than 48 hours before the first day of the early voting period
for a general or special election, and shall be removed
no later than 48 hours after the voting period seveR days offer the ^I^^fieR For
the purposes of this subsection "early voting period" is defined as set forth in
Texas Elections Code § 85.001 and "voting period" is defined as set forth in
Texas Elections Code §61.003.
(e) Location. Subject to the limitations set forth in
subsections (c), (d) and (f), political signs may be placed on the premises of
any polling place owned or controlled by the city in
on the first day of the eady veting period and until the Giese of the general 0
^^"'I ^'^^+�^^, so long as they are placed in areas designated by the City and
not placed within 100 feet of any entrance to any outside door which allows
voters to enter a polling place building or within 100 feet of a handicapped
parking space and the designated path of travel to an outside door for entrance
to the polling place. In addition to the restrictions under subsections (c), d and
1) a sign placed under this subsection-exe-eptien must be located no less than
three feet from the edge of the pavement of any public street or sidewalk, must
not extend over any public sidewalk or path, and must not be located anywhere
that obstructs visibility for drivers of motor vehicles.
(f) Limitation on number of signs. In addition to the restrictions under
subsections (c), (d) and (e), no more than 10 signs per candidate and no more
CITY OF ANNA, TEXAS ORDINANCE NO. v � 2
than 10 signs per ballot measure may be placed on the premises of any polling
place owned or controlled by the city.
•- VMS Sri
(Ordinance 716-2016 adopted 3/22/16; 2008 Code, pt. III-D, art. 1, sec. 12;
Ordinance , adopted 10/27/2020)
Section 3. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed the lesser of $2,000 or the highest amount allowed by
applicable law for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or
publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 27th day of October 2020.
ATTESTED:
CITY OF ANNA, TEXAS ORDINANCE NO. �� _� 3
Carrie L. Land, City Secretary
CITY OF ANNA, TEXAS ORDINANCE NO. � v►C P 4