2015-086 (1)S:\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.
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"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).
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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.
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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;
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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.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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�1.�'I'��N��'+�'�?1� �� TO LEGAL FORM:
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