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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