HomeMy WebLinkAboutOrd 716-2016 Political Signs AmendmentCITY OF ANNA, TEXAS ORDINANCE NO. 716-2016 (Political Signs Amendment) AN ORDINANCE OF THE CITY OF ANNA, TEXAS ADDING A NEW SECTION 7 TO PART II, ARTICLE 29 OF THE ANNA CITY CODE OF ORDINANCES; AMENDING PART 111-D (SIGN REGULATIONS) OF THE ANNA CITY CODE OF ORDINANCES, SECTION 12 "POLITICAL SIGNS"; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF AND AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature has authorized municipalities to impose reasonable
regulations on the types of electioneering activities on or near the premises of polling
places, including the posting, use, or distribution of political signs or literature; and
WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances,
rules, and regulations governing signs, including but not limited to political signs; and
WHEREAS, the City of Anna, Texas City Council ("City Council") has compelling
interests in protecting the right of its citizens to vote freely for candidates of their choice,
protect its voters from confusion and undue influence , and preserving the integrity of its
election process; and
WHEREAS, the City Council has investigated and determines that it would be
advantageous and beneficial to enact local regulations regarding electioneering
activities by adding a new Section 7 to Part II, Article 29 ("General Offenses") of the
Anna City Code of Ordinances ("Anna Code"); and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part 111-D, Section 12
of the Anna Code by expanding the areas in which certain signs can be displayed within
a reasonable time before an election is held and during the regular voting period of an
election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment. In accordance with Part II, Article I, Section 9 of the Anna Code, the following new Section 7 is added to Part II, Article 29 of the Anna Code: Section 7. Electioneering 7.01 Definitions Earlv voting period carries the meaning established under Texas Election Code§ 85.001, as amended. Electioneering carries the meaning established under Texas Election Code§ 61.003, as
amended or interpreted by courts of competent jurisdiction. and which presently
includes the posting , use. or distribution of political signs or literature. It does not include
City of Anna authorized signs. materials. or messages relating to the facilities.
Loitering and Loiters relate to the act of remaining in an area for a purpose other than
voting or conducting official business in the building in which the polling place is located.
Person includes individuals. firms, corporations, political parties and any other type of
entity or association,
Voting period means the period beginning when the polls open for voting and ending
when the polls close or the last voter has voted. whichever is later to occur on election
day and voting days. The period for a runoff election shall be considered to be a
separate voting period.
7.02 Offense
(a) A person commits an offense if, during the voting period and within 100 feet of an
outside door through which a voter may enter the building in which a polling place is
located, the person loiters or electioneers for or against any candidate. measure. or
political party.
(b) A person commits an offense if. during the time an early voting polling place is open
for the conduct of early voting, the person electioneers for or against any candidate.
measure, or political party in or within 100 feet of an outside door through which a voter
may enter the building or structure in which the early voting polling place is located.
(c) A person commits an offense if, unless otherwise permitted by the Texas Election
Code, the person loiters in a polling place from the time the presiding judge arrives
there on e lection day to make the preliminary arrangements until the returns have been
certified and the election records assembled for distribution following the election.
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(d) A candidate in the election commits an offense if the candidate loiters in a polling place during the period described by subsection (c). It is an exception to this subsection if the candidate is not within plain view or hearing of the persons in the voting area (or area in which voters are being accepted for voting) and is not engaged in campaign activity. (e) A person or candidate commits an offense if, during the time when a polling place is open for the conduct of early voting, the person or candidate loiters in a polling place. (f) It is an offense for any person to engage in electioneering during a voting period or early voting period on driveways, parking areas, on medians within parking areas of a polling place or early voting polling place located within a public building owned or
controlled by the City of Anna, whether or not such areas are more than 100 feet from
an outside door through which a voter may enter the building. This restriction does not
apply to electioneering signs that are attached to vehicles that are lawfully parked at the
premises of a polling location.
(g) In a prosecution for any offense under this section, the state does not need to allege
or prove a culpable mental state.
7 .03 Penalty
An offense under this section is a Class C misdemeanor. Any person convicted of
violating this section shall be fined in an amount not to exceed $500 for each incident of
violation. Each act constituting a violation of this section may be considered a separate
offense and may be punished separately. The penal provisions imposed under this
section shall not preclude the City from pursuing any other lawful means of enforcing its
terms, including but not limited to filing suit to enjoin the violation. The City retains all
legal rights and remedies available to it pursuant to local, state, and federal law.
Section 3. Amendment.
In accordance with Part II, Article I, Section 9 of the Anna Code, the following
amendment is made to Part 111-D, Section 12 of the Anna Code:
Section 12. Political Signs
(a) With the exception of the regulations and restrictions expressly set forth in this
section, these Sign Regulations do not apply to Political Signs.
(b) Subject to the exception under subsection (d), Political Signs may not be located
anywhere with the exception of Private Real Property with the property owner's
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consent. (c) 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) Political Signs regarding candidates or measures up for election may be displayed
on Private Real Property beginning no earlier than 45 calendar days before a
general or special election, and shall be removed no later than seven days after the
election.
(e) Period Exception: Subject to the limitations set forth in subsection (c), Political signs
may be placed on the premises of any polling place in a public building beginning
on the first day of the early voting period and until the close of the general or special
election, so long as they are not placed within 100 feet of any entrance to any
outside door which allow 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 subsection (c).
a sign placed under this exception must be 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.
fetffi . .Political Signs in violation of this SHbsection are strictly prohibited, and are subject
to be removed and destroyed without notice.
Section 3. Penalty.
A violation of any of the terms of this ordinance, whether herein 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 $500 for each incidence of
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violation. Each day of continuance of such violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective upon the posting and/or publication, if
required by law, of its caption and the City Secretary is hereby directed to implement
such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, on this the 22nd day of March,
2016.
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