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HomeMy WebLinkAboutOrdinance No. 2010-40 �. (Title: An ordinance of the City of Friendswood amending Appendix A, the City's sign ordinance, by adding a definition of "handheld sign" and providing for new regulations pertaining to handheld and vehicular signs.) ORDINANCE NO. 2010-40 AN ORDINANCE AMENDING APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BEING THE CITY'S SIGN ORDINANCE, BY AMENDING SECTION 1 THEREOF BY ADDING A DEFINITION FOR "HANDHELD SIGN"; BY AMENDING j SECTION 14, ENTITLED "PORTABLE SIGNS," BY PROVIDING FOR REGULATION OF HANDHELD SIGNS; AND BY AMENDING SECTION 24, ENTITLED "SIGNS ON VEHICLES," BY PROVIDING FOR REGULATION OF VEHICLES DISPLAYING ADVERTISING; PROVIDING A MAXIMUM PENALTY IN AN AMOUNT OF $2,000 FOR i VIOLATION OF ANY PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. �--J WHEREAS, the City seeks to update its sign ordinance by authorizing amendments to the Sign Ordinance to provide for regulation of handheld signs and vehicular signs; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. Appendix A of the Code of Ordinances of the City of Friendswood, Texa I, same being the City's Sign Ordinance, is hereby amended by amending Section 1 thereof to add a new definition of"handheld sign,"to read and provide as follows: "APPENDIX A SIGN ORDINANCE "Sec. 1. Definitions. For the purposes of this appendix A to subsection K of section 8 of Ordinance No. 84-15 as created by Ordinance No. 91-15 ("Appendix"),the following definitions shall apply: Handheld sign shall mean any sign that is not self-supporting and is carried by or is under the immediate control of a person and shall include sandwich-board signs and persons in costume or otherwise dressed to call attention to a business. i Section 2. Appendix A of the Code of Ordinances of the City of Friendswood, Texas,' same being the City's Sign Ordinance, is hereby amended by adding new subsections (e), (f), and (g)to Section 14 to read and provide as follows: I i "Sec. 14. Portable signs. a. One portable sign, not exceeding 32 square feet in sign area, may be displayed by a new business enterprise to give notice of its grand opening for a period not to exceed 14 consecutive days. b. One portable sign, not exceeding 32 square feet in sign area, may be displayed on nonresidential property, in addition to that allowed for grand openings, for 21 days during any calendar year; provided, however, use of any such portable sign shall be in increments of not less than seven consecutive days. c. If a changeable copy sign is located on the property, a portable sign is not permitted. I d. No more than one portable sign shall be displayed on any one nonresidential property at a time. e. Handheld signs are prohibited upon any public rights-of-way, including but not limited to any public sidewalk, street, alley, or other public property. f. Handheld signs that are on private property, but are visible from a street or roadway, are permitted where an applicant satisfied the following_ (1)Size. Sign size does not exceed four(4) square feet. (2)Permits. Required. (3)Location. May be located where applicant has legal permission to display the sign. If applicant does not own or lease the private property upon which the handheld sign will be displaved, applicant must provide a letter of approval from the property owner where the sign will be displayed. g. Regulations involving handheld signs on private property do not apply to political signs that are otherwise compliant with this chapter and Texas Local Government Code Chanter 216." 1 Section 3. Appendix A of the Code of Ordinances of the City of Friendswood, Texas, same being the City's Sign Ordinance, is hereby amended by amending Section 24 to read and provide as follows: "Sec. 24. Signs on vehicles. a. No type of vehicle including, but not limited to, cars, trucks, motor-driven cycles, or vehicles built of miscellaneous parts of other vehicles, such as sand or dune buggies, and no type of trailer, boat, or other similar type of property shall be placed on private Ord 201040 2 property within the city for the purpose of advertising such item for rent, sale, or lease unless such property is on the premises where the owner of such property advertised for, sale or lease resides or conducts business or is on the premises of a business establishment engaged in the rental, sale, or lease of such property. b. A motor vehicle not used on a regular basis for the transportation of persons or property, or that is inoperable, shall not be parked or stored with one or more signs) displayed thereon or otherwise used as a substitute sign structure. c. Any vehicle containing advertising must be parked in an approved parking space. Any such vehicle is prohibited from otherwise being parked upon any public ri htgh s of-I ways, including, but not limited to, public sidewalks, streets, alleys, or other public; property, with one or more signs disWaved thereon or otherwise used as a substitute sign structure." Section 4. Any person who shall intentionally, knowingly, recklessly, or with criminal! negligence, violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and; upon conviction, shall be fined in an amount not to exceed $2,000. Each day of violation shall, constitute a separate offense. Section 5. All ordinances or parts of ordinances inconsistent or in conflict herewith are,to the extent of such inconsistency or conflict, hereby repealed. Section 6. In the event any clause,phrase,provision, sentence,or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, on invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. PASSED AND APPROVED on first reading this 6th day of December,2010. PASSED, APPROVED AND ADOPTED on second and final reading this 10t" dayl of January,2010. David J. H. Smilli ��ENO ATTEST: A.0.O 6% (� ci o Melinda Welsh, TRMC City Secretary sj Qy �rF OF Ord 2010-40 3