13 - Chapter 84 - SIGNSChapter 84
SIGNS*
Article .J. In General
Secs. 84-1 -84-25. Reserved.
Sec. 84-26.
Sec. 84-27.
Sec. 84-28.
Sec. 84-29.
Sec. 84-30.
Sec. 84-31.
Sec. 84-32.
Sec. 84-3 3 .
Sec. 84-34.
Sec. 84-35.
Sec. 84-36.
Sec. 84-37.
Sec. 84-38.
Sec. 84-39.
Sec. 84-40.
Sec. 84-41.
Article II. Roadside Signs and Signs on Public Property
Findings and purpose.
Definitions.
Exceptions.
Penalty for violation of article.
Signs on public improvements in streets.
Signs within street right-of-way.
Signs within visibility triangles and zones.
Signs on other public property.
Continuous display of special event signs.
Removal of certain illegally posted temporary signs.
Grounds for removal of other illegally posted signs.
Removal procedure for other illegally posted signs.
Removal hearing,
Appeal of removal order of the director of public works .
Removal of nonconforming signs by city.
Signs resembling official signs prohibited.
*Cross references-Businesses, ch. 22; streets, sidewalks and other public places, ch. 90;
traffic and vehicles , ch. 102.
CD84:1
SIGNS § 84-27
ARTICLE I. IN GENERAL
Secs. 84-1-84-25. Reserved.
ARTICLE II. ROADSIDE SIGNS AND SIGNS ON PUBLIC PROPERTY
Sec. 84-26. Findings and purpose.
(a) The city council finds and determines that the location of signs within and adjacent to
public streets, roads and alleys and at the intersections thereof constitutes an obstruction .to
the vision of drivers of motor vehicles and a menace to both vehicular and pedestrian traffic
upon the public streets, requiring the adoption of reasonable regulations in the interest of the
public health, safety and welfare;
(b) The city council finds and determines that temporary signs of lightweight nondurable
materials are subject to rapid deterioration, and, if not removed within a reasonable period of
time foUowingplacement, constitute a source of litter and debris hazardous to vehicular traffic
upon the public streets and creating visual blight offensive to community standards.
(c) The city council finds and determines that the continued display of special event signs
following the conclusion of the event thereby advertised serves no useful purpose and consti-
tutes visual blight offensive to community standards.
(d) The city council further finds and determines that t h e regulations adopted in this
article directly advance implementation of substantial governmental interests and reach no
further than necessary to accomplish such objectives:
(Ord. No. 1994-09, § 1, 8-8-94)
Sec. 84-27; Definitions.
The following words, terms an.d phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Right-of way means the area lying within the indicated or prescriptive public easement of
any street, road or alley located within the city, whether improved or not, including the
side~alk, ditches , drains, median and esplanade thereof.
Sign means any outdoor structure or display, billboard, poster, placard, handbill, flyer,
painting or other similar object in any form whatsoever which contains printed or written
matter in words, symbols or pictures, or any combination thereof, including but not limited to
signs displaying political or commercial advertising.
Special event sign means any temporary sign which shall advertise or promote any meeting,
event, gathering, function, entertainment or other activity scheduled for a particular date or
series of consecutive days. Such term shall specifically include political signs promoting the
CD84:3
§ 84-27 NEDERLAND CODE
candidacy of any individual, or the passage or defeat of any proposition to be voted upon at an
election ordered held or conducted by any unit of federal, state or local government.
Temporary sign means any sign not exceeding 40 square feet in face size which is con-
structed of cloth, canvas, light fabric, cardboard, wallboard or other light materials and is not
permanently affixed to realty.
Visibility triangle means a triangle sight area, at all intersections, which shall include
that portion of public right-of-way and any corner lot within the adjacent curb lines or pave-
ment edges of intersecting streets, road~ or alleys, and a diagonal line intersecting such curb
lines or pavement edges at points 35 feet back from their actual or projected point of inter-
section.
Visibility zone means the area adjacent to and within ten feet of the exterior side of any
curb line or pavement edge of any public street, road or alley, including any portion of such
area lying outside the public right-of-way.
(Ord. No. 1994-09 , § 2, 8-8-94 )
Cross reference-Definitions generally, § 1-2.
Sec. 84-28. Exceptions.
The terms and provisions of this article shall not be deemed applicable to:
(1 ) Any sign within the corporate limits of the city which is in existence upon the effec-
tive date of Ordinance No . 1994-09 and for which removal without co mpensation is
not authorized pursuant to V .T.C .A., Local Government Code§ 216.013;
(2 ) Any directional or other official traffic control sign authorized by law;
(3 ) A sign or marker giving information about the location of underground utilities; and
(4 ) A sign erected by any unit of federal , state or local government.
(Ord . No. 1994-09, § 15, 8-8-94 )
Sec. 84-29. Penalty for violation of article.
Any person violating any of the provisions of this article shall, upon conviction, be fined
in a sum not more than $500 .00, and each separate day such violation shall continue shall
constitute a separate offense.
(Ord. No . 1994-09, § 16, 8-8-94)
Sec. 84-30. Signs on public impr ovements in streets.
Except as otherwise provided by this article, it shall be unlawful for any person to erect,
post , affix or display any sign upon any pavement, median, esplanade, traffic island, curb,
sidewalk, bridge, overpass, underpass, telephone pole, electric pole, traffic sign, standard pole,
post or other improvements located within any public street or sidewalk of the city .
(Ord. No. 1994-09, § 3, 8-8-94 )
CD84:4
SIGNS § 84-34
Sec. 84-31. Signs within street right-of-way.
Except as provided by this section, it shall be unlawful for any person to erect, post, affix
or display any sign within the dedicated right-of~way of any public street, road or alley within
the city. The prohibition imposed by this section shall not be applicable to a temporary sign
erected within the right-of-way which is:
(1) Located outside of an applicable visibility triangle or visibility zone associated with
the adjacent public street, road or alley;
(2) Not located between a sidewalk and the curbline or pavement edge of the adjacent
public street, road or alley;
(3) Not located between a parallel roadside ditch and the curb line or pavement edge of
the adjacent public street, road or alley; and
(4) Not erected upon, posted, affixed or displayed upon any public improvement in vio-
lation of section 84-30;
or is placed on personal property with permission of the owner.
(Ord. No. 1994-09, § 4, 8-8-94)
Sec. 84-32. Signs within visibility triangles and zones.
It shall be unlawful for any person to erect, post, affix or display any sign within:
(1) A visibility triangle adjacent to the intersection of any two public streets, roads or
alleys within the city; or
(2) A visibility zone adjacent to any public street, road or alley within the city.
(Ord. No . 1994-09, § 5, 8-8-94)
Sec. 84-33. Signs on other public property.
Except as provided by section 84-31, it shall be unlawful for any person to erect, post, affix
or display any sign upon any property or improvements owned by the city.
(Ord. No. 1994-09, § 6, 8-8-94)
Sec. 84-34. Continuous display of special event signs.
(a) It shall be unlawful for any person to erect, post, affix or display any special event sign
at any location visible from the main travelled way of any public street, road or alley located
within the city earlier than 60 days prior to the date upon which the special event thereby
promoted shall commence, or to permit the display of any such sign for more than 15 days
following the date upon which such special event shall conclude. The period of display au tho•
rized for a sign advertising or promoting the political candidacy of an individual for whom a
runoff election may be required shall be automatically extended and shall expire 15 days
following the date of such runoff election.
(b) It shall be unlawful for the owner, tenant or other person in control of any property
upon which a special event sign may be erected, posted or affixed to permit the display of any
CD84 :5
§ 84-34 NEDERLAND CODE
such sign at a location which is visible from the main travelled way of any public street, road
or alley located within the city earlier than 60 days prior to the date upon which the special
event thereby promoted shall commence, or later than 15 days following the date upon which
such special event shall conclude. The period of display authorized for a sign advertising or
promoting the political candidacy of an individual for whom a runoff election may be required
shaH be automatically extended and shall expire 15 days following the date of such runoff
election.
(Ord. No. 1994-09, § 7, 8-8-94)
Sec. 84-35. Removal of certain illegally posted temporary signs.
(a) Any temporary sign which may,be erected, posted, affixed or displayed in violation of
sections 84-30 through 84-34 may be removed and impounded by the director of public works
or any employee of the department of public works acting on the instruction of the director. All
such signs shall be impounded for period of not less than 30 days at a storage area designated
by the director for such purpose. Any sign so removed and impounded may be redeemed by the
owner thereof upon payment of a removal and storage fee in the amount of $50.00 for each such
sign so redeemed. Such fee shall be in addition to, and not in lieu of, any fine imposed upon .
such owner for violation of any provision of this article.
(b ) The city council finds and determines that temporary signs so confiscated as provided
by this section are of limited use and value and that there is no reasonable expectation for
subsequent resale if unclaimed by the owner thereof. Any sign so removed and impounded and
not redeemed within 30 days shall be discarded or destroyed by the director of public works.
(Ord . No . 1994-09, § 8, 8-8-94 )
Sec. 84-36. Grounds for removal of other illegally posted signs.
The director of public works may not order the removal of any sign, other than a tempo-
rary sign, unless he shall first find and determine that such sign:
(1) Is displayed in violation of sections 84-30 through 84-34; and
(2 ) Was first erected, posted or affixed in violation of a local, state or federal ordinance,
law, statute or regulation then in effect at the time of such initial erection, posting or
affixing.
(Ord. No. 1994-09, § 9, 8-8-94)
Sec. 84-37. Rem.oval procedure for other illegally posted signs.
(a) If the director of public works shall make a preliminary determination that grounds
exist pursuant to section 84-36 to order the removal of any sign, other than a temporary sign, o:_
the director shall give written notice of such preliminary determination to the owner of such
sign and shall direct removal of such nonconforming sign by the owner, without compensation,
within 30 days of the receipt of such notice. In addition, such notice shall inform the owner of
the right to a hearing before the director to determine whether or not cause exists pursuant to
this article to order removal of such sign .
CD84:6
SIGNS § 84-39
(b) Each such notice sent pursuant to this section shall be deemed sufficient if sent to the
owner by registered mail, return receipt requested, deposited for mailing with the United
States Postal Service. If, after the exercise of due diligence, the director is unable to determine
the owner of such nonconforming sign, the notice requirements of this section shall be deemed ·
satisfied by publication of notice of such preliminary determination in a newspaper of general
circulation within the city, which notice shall include the location of such sign ~nd a descrip•
tion thereof sufficiently detailed to allow its identification by the actual owner and which
notice shall also inform the owner thereof of the right to hearing before the director as
provided by this section.
(c) By written request filed with the director not later than ten days following receipt of
such notice, the owner of any such sign may demand a hearing before the director to determine
whether or not cause exists pursuant to this article to order removal of such sign. When so
requested, the director shall establish the date, time and place of such hearing and shall notify
the owner in writing thereof. Each such hearing shall be . conducted within 20 days of the
receipt of written request for hearing filed by the owner of such sign with the director: If the
owner shall fail to request such hearing within the time provided, the preliminary determi•
nation of the director shall be deemed final .
(Ord. No. 1994-09, § 10, 8-8-94)
Sec. 84-38. Removal hearing.
(a) At any removal hearing conducted by the director of public works pursuant to the
provisions of section 84-37, the director shall afford the owner of the sign which is the subject
of such hearing reasonable opportunity to present evidence regarding whether or not grounds
exist to order the removal of such sign. The owner may, at his option, be represented by legal
counsel or any other agent or representative. The city may present evidence regarding the
existence of grounds supporting an order for removal .
(b) The determination of the director at such hearing shall be based solely upon evidence
submitted at the hearing.
(c) If the director shall determine upon the basis of evidence presented at such removal
hearing that grounds exist under section 84-37 to order the removal of such sign, then the
preliminary determination shall become final and he shall order that such sign be removed
within 30 days of the date of such removal order.
(d) If the director shall determine upon the basis of ~vidence presented at such removal
hearing that grounds do not exist under section 84-37 to order the remov:al of such sign, he
shall reverse the preliminary determination and take no further action to direct or enforce
removal of the sign pursuant to this article.
(Ord. No. 1994-09, § 11, 8-8-94)
Sec. 84-39. Appeal of removal order of the director of public works.
(a) Not later than ten days following the date any preliminary determination of the
director of public works ordering removal of a nonconforming sign shall become final pursuant
CD84:7
§ 84-39 NEDERLAND CODE
to section 84-37(c) or section 84-38(c), the owner of any such sign may appeal such final
determination and order of removal to the city manager by written appeal filed with the city
secretary.
· (b) The city manager shall cause notice of such appeal hearing to be given to the owner
of such sign in substantially the same fashion provided by section 84-37 for notice of a removal
hearing before the director of public works, and shall conduct such hearing in substantially the
same fashion as provided by section 84-38 for conduct of a removal hearing before the director
of public works.
(c) If the city manager shall determine upon the basis of evidence presented at such
appeal hearing that grounds exist under section 84-37 to order the removal of s.uch sign, then
the determination of the director of public works shall be sustained and the city manager shall
order that such sign be removed within 30 days of the date of such removal · order.
{d) If the city manager .shall determine upon the basis of evidence presented at such
appeal hearing that grounds do not exist. under section 84-3 7 to order the removal of such sign,
he shaU reverse the determination of the director of public works and take no further action
to direct or enforce removal of the sign pursuant to this article.
(Ord. No. 1994-09, § 12, 8-8-94)
Sec. 84-40. Removal of nonconforming sigtts by city.
If the owner of any sign for which a final removal order has been issued pursuant to the
provisions of sections 84-38 or 84-39 shall fail or refuse to remove such sign within the time
provided by such removal order, then the director of public works shall:
(1) Remove any such sign which is erected, posted, affixed or displayed upon any public
property of the city or within the right-of-way of any public street, road or alley .within
the city and request the city attorney to initiate proceedings for the recovery of such
removal costs; or
(2) If such sign shall be located upon privately own~d property, but within any visibility
triangle or visibility zone, request the city attorney to initiate proceedings for the
removal of such sign.
(Ord. No. 1994-09, § 13, 8-8.-94)
Sec. 84-41. Signs resembling official signs prohibited.
It shall be unlawful for any person to erect, post, affix or display any sign at any location
visible from the main travelled way of any public street, road or alley located within the city
which resembles any official marker erected by the city, state or any governmental agency or
which by reason of position, shape or color would conflict with the proper functioning of any
traffic sign or signal.
(Ord . No. 1994-09, § 14, 8-8-94)
CD84:8