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2015-086S:\Legal\Our pocuments\Ordinances\15\Ordinance adding regulations for political signs.doc ORDINANCE NO. 2� 15-�g6 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CERTAIN PROVISIONS OF CHAPTER 33 OF THE DENTON CODE OF ORDINANCES (THE DENTON SIGN CODE) BY LIMITING THE APPLICATION OF GENERAL SIGN REGULATIONS AND IMPOSING SPECIFIC REGULATIONS WITH RESPECT TO POLITICAL SIGNS, CONSISTENT WITH STATE LAW; PRESCRIBING A MAXIMUM PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY AND SAVINGS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, certain statutory provisions set forth in the Texas Local Government Code and Texas Election Code establish specific limitations upon municipal authority to regulate political signs on private property with the owner's consent, and further forbid entities owning public polling places and early voting locations from prohibiting electioneering during voting periods and early voting periods on such premises, except as otherwise prohibited by statute, subject to reasonable regulations upon the time, place and manner of electioneering; and WHEREAS, the Council of the City of Denton, Texas desires to limit its generally applicable sign regulations with respect to political signs, consistent with these statutory limitations, while otherwise preserving its home rule authority to regulate signs to the extent not otherwise prohibited by unmistakably clear statutory prohibitions; and WHEREAS, to the extent that the Texas Election Code specifically empowers the imposition of reasonable time, place and manner regulations upon electioneering at public polling places and early voting locations during voting periods and early voting periods, the Council of the City of Denton, Texas desires to impose regulatory provisions similar to those specifically authorized by §216.903 of the Texas Local Government Code for political signs on private property with the owner's consent, insofar as the Legislature has implicitly deemed these regulations to be reasonable with respect to the display of political signs; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. Section 33.2 of the Code of Ordinances of the City of Denton, Texas is hereby amended to add the following definitions of previously undefined terms; all existing deiinitions currently set forth in Section 33.2 shall remain as currently written, unchanged by this ordinance, except for the addition of these newly defined terms: 33.2. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: [Unchanged definitions omitted for clarityJ. Page 1 of 6 5:\Legal\Our pocuments\Ordinances\15\Ordinance adding regulations for political signs.doc "Early Voting Period" shall have the same meaning defined by the Texas Election Codel, as currently drafted or hereafter revised. [Unchanged definitions omitted for clarityJ. "Political sign" means a temporary sign promoting the election of a candidate, or an issue on the ballot of an upcoming election. [Unchanged definitions omitted for clarityJ. "Right-of-way" means real property subject to an easement or other encumbrance that allows the City to use the property for a public purpose. [Unchanged definitions omitted for clarityJ. "Voting period" shall have the same meaning defined by the Texas Election Code2, as currently drafted or hereafter revised. [Unchanged definitions omitted for clarityJ. SECTION 2. Section 33.16 of the Code of Ordinances of the City of Denton, Texas is hereby amended to revise the general time period for removal of temporary signs in revised subsection 33.16.1.D below; and to append a new subsection 33.16.3 relating to temporary political signs. All existing provisions and subsections of Section 33.16 not specifically modified below shall remain as currently written, unchanged by this ordinance: • 33.16. Temporary Si�ns. 33.16.1. Temporary Si�ns. A temporary sign shall be considered a ground sign and shall be permitted only according to the standards for ground signs except that a temporary sign not larger than thirty-two (32) square feet in effective area need not obtain a sign permit if: [unchanged provisions 33.16.1. A through C omitted for clarityJ D. The temporary sign shall be removed or cease to be displayed within five (5) days after the event being communicated or advertised on the sign has occurred. [unchanged provision 33.16.2 omitted for clarityJ. 33.16.3 Limitations u on re ulations �n ��:i��le tc� si ns with olitical content. The following limitations are imposed upon the enforcement of these 1 State Law Cross-reference — See, Tex. Election Code §85.001. Z State Law Cross-reference — See, Tex. Election Code §61.003 (b)(2). Page 2 of 6 5:\Legal\Our pocuments\Ordinances\15\Ordinance adding regulations for political signs.doc regulations with respect to signs in the following contexts only, as provided by State law. A. Private Real Pro er r�°ii�� ro ertv owner's consent.3 1. These regulations of this Chapter shall not prohibit, or impose a fee or permit approval requirement upon, the placement of a sign containing primarily a political message on private real property, provided that: a. the owner of the property consents; b. the effective area of the sign is no more than 36 square feet; c. the sign is no more than eight feet high; d. the sign is not illuminated; e. the sign has no moving elements; f. the sign is not located on real property subject to an easement or other encumbrance that allows the City to use the property for a public purpose; and g. the political message is not a temporary display upon a sign, including a billboard, that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political. B. Political Si ns at ublic ollin laces durin Earl Votin Period��" ��°�� cct�� '�:�r��r��`. 1. During Early Voting Periods recognized under the Texas Election Code, the regulations of this Chapter shall not act to prohibit the location or display of one or more Political Signs on the premises of any public building used as an early voting location, provided that: 3 State Law Cross-Reference. — See, Tex. Loc. Gov't Code §216.903. 4 State Law Cross-Reference — See, Tex. Election Code §85.036. 5 State Law Cross-Reference — See, Tex. Election Code §6l .003. Page 3 of 6 5:\Legal\Our pocuments\Ordinances\15\Ordinance adding regulations for political signs.doc a. No Political Signs may be located or displayed within 100 feet of any outside door, through which a voter may enter the building or structure in which the early voting place is located. Nothing herein shall deemed to authorize electioneering of any sort, in a manner contrary to State law. b. No Political Signs may be located or displayed upon real property subject to an easement or other encumbrance that allows the City to use the property for a public purpose; c. No Political Signs may have an effective area greater than 36 square feet; d. No Political Signs may be more than eight feet high; e. No Political Signs may be illuminated, have moving elements, or otherwise have characteristics prohibited by § 3 3.4; and f. This section does not authorize the location of Political Signs whose political message is a temporary display upon a permanent sign, including a billboard, that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political. 2. During Election Periods recognized under the Texas Election Code, these regulations shall not act to prohibit the location or display of one or more Political Signs on the premises of any public building used as polling place, provided that: a. No Political Signs may be located or displayed within 100 feet of any outside door, through which a voter may enter the building or structure in which the polling place is located. Nothing herein shall deemed to authorize electioneering of any sort, in a manner contrary to State law. b. No Political Signs may be located or displayed upon real property subject to an easement or other encumbrance that allows the City to use the property for a public purpose; c. No Political Signs may have an effective area greater than 36 square feet; Page 4 of 6 S:\Legal\Our pocuments\Ordinances\15\Ordinance adding regulations for political signs.doc d. No Political Signs may be more than eight feet high; e. No Political Signs may be illuminated, have moving elements, or otherwise have characteristics prohibited by §33.4; and f. This section does not authorize the location of Political Signs whose political message is a temporary display upon a permanent sign, including a billboard, that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political. SECTION 3. The codifier is hereby requested to incorporate the non-substantive State law cross-references set forth as footnotes to text added by this ordinance, to edit them as it may deem necessary or appropriate in its discretion to maintain consistent style conventions of the Code of Ordinances, and to periodically revise, as it may deem necessary or appropriate in its discretion, the statutory citations contained therein to account for future statutory relocations and amendments by the Legislature, in order to assist in the understanding and interpretation of these provisions, consistent with the intent expressed in the recitals preceding the amendments set forth in this ordinance. SECTION 4. Any person violating the provisions contained this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00, or such lesser amount as might otherwise be prescribed or limited by the Code of Ordinances or State law in the context of the particular violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. The provisions of this Ordinance shall become effective fourteen (14) days after passage and approval of this Ordinance, and the City Secretary is hereby directed to cause the caption of this ordinance and the penalty for the violation of these sections to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. SECTION 6. To the extent not otherwise provided, this ordinance shall supersede and repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 7. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. Page 5 of 6 S:\Legal\Our pocuments\Ordinances\15\Ordinance adding regulations for political signs.doc I�"�'��;1�:�� l�i!) �T'��'��.��"VB_«��T:� lw�i�� '�1�� ,�� c��r ��I ..._�� '� �� ' � ........� 2015. ,� �� ,. �.�..� �� °""� �� ' _ �'� �� '' '�� .. .................____.. �- � �,�, � ,.� �"" �, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : �1.�'I'��N��'+�'�?1� �� TO LEGAL FORM: ,�^"��"l""� BURGESS, C`�'�.�" ,�,.,N.'�l"(:�i�b'�I�Y �� ,, �i Page 6 of 6