HomeMy WebLinkAboutOrdinance No. 659 ORDINANCE NO. ~ ~
CITY OF THE COLONy, TEXAS
AN ORDINANCE OF THE CITY OF THE CITY COUNCIL
OF THE CITY OF THE COLONY, TEXAS, AMENDING
CHAPTER 18, ARTICLE IV OF THE CODE OF
ORDINANCES RELATING TO NEWSPAPER BOXES ON
PUBLIC PROPERTY; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS FOR
EACH' OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; PROVIDING A
SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of The Colony,
Texas (hereinafter referred to as "the City") is the ultimate
repository of authority in the City and is empowered under its
Charter to pass ordinances, rules, and regulations not
inconsistent with the Constitution of the State of Texas and
for the good government, peace and order of the City, and the
trade and commerce of the City;
WHEREAS, on October 3, 1983, the City Council of the City
("the City") passed and approved Ordinance No. 264, which
Ordinance was later codified and incorporated into the Code of
Ordinances of the City as § 18-51 18-60; and
WHEREAS, the City Council of the City deems it necessary
and expedient to make certain amendments to the Code of
Ordinances as adopted and amended by Ordinance No. 264.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
~ectio~ 1. Incorporation of Premises. That all of the above
premises are found and determined to be true and correct and
are incorporated into the body of this Ordinance as if copied
in their entirety.
Section 2. Amendments to the Code of Ordinances, sec. 18-$1.
That Section 18-51 of the Code of Ordinances is amended by
providing additional definitions to read as follows:
Sec. 18-51. Definitions. As used in this article
certain words, terms or phrases shall have the following
meaning ascribed to them:
Building Official The duly appointed Building Official
of the City of the Colony, Texas.
(1) No newspaper box shall be constructed of a
material other than metal, except as'
provided in section 1~-54.
2) No newspaper box shall be painted or
otherwise colored, including lettering
thereof, with more than six (6) colors or
with any design or pattern other than that
used for lettering or the official logo of
the newspaper, if any. The limitation
regarding use of color, and design or
pattern shall not apply to the following:
(a) Instructions used to inform
purchasers of newspapers or other
users of the newspaper box of the
method of operating the newspaper
box.
(b) Advertisements permitted in section
18-52(b)(3).
(c) Information required to be affixed
to a newspaper box pursuant to the
terms of section 18-52(b)(5).
Section 4. Amendments to the Code of Qrdinances, sec. 18-53(a).
That Section 18-53(a) of the Code of Ordinances is amended to
read as follows:
(a) No newspaper box shall be installed, placed or maintained
on, in, or over any street or right-of-way within the Gity
which is adjacent and contiguous to any tract of ]and
developed with a single-fami]y detached dwelling or a
structure devoted to religious worship, unless the owner or
owners of the tract of land give written consent. (Copy of
this consent shall be kept on file with the City.) However,
a newspaper box may be installed, placed or maintained on,
in, or over any street or right-of-way within the City which
is adjacent and contiguous to any tract of ]and developed
with a single-family detached dwelling if the newspaper box
is located within 60 feet of an intersection as defined
above.
Section 5. Amendments to the Code of Ordinances, sec. 18-53~d~.
That Section 18-53(d) of the Code of Ordinances is amended to
read as follows:
. (d) No newspaper box shall be installed, placed, or
maintained:
(1) Within one (1) foot of the edge of
any property line.
(2) Within three (3) feet of any fire
hydrant, fire call box, police call
box or other emergency facility.
(3) Within three (3) feet of any
driveway.
(4) At any location whereby the clear
space for the passageary of
pedestrians is reduced to less than
three (3) feet.
Section 6. Amendments to the Code of Ordinances, sec. 18-55
through 18-56. That Section 18-55 through 18-56 of the Code of
Ordinances is amended to read as follows:
Section 18-55. Fee and Indemnity A~reement Required,
(a) Fee.
(1) Each and every person seeking to
instal], place or maintain a newspaper box on
a street, right-of-way, or other public place
within the city shall pay an annual fee per
newspaper box at the Inspections Department
during regular business hours, Monday through
Friday, 8:00 o'clock a.m. until 5:00 o'clock
p.m. prior to instal 1 lng, placing, or
maintaining said newspaper box.
(2) The fee shall cover the cost and
expenses of enforcement of this ordinance,
and shall be established on a yearly basis by
the City Manager.
(3) Upon payment of the fee, a permit shall
be issued by the Building Official or his
designated agent, to the person installing,
placing or maintaining the newspaper box,
which permit shall show the fol lowing
information:
a. the date the fee was paid,
b. the amount paid,
c. the name, address and telephone number
of the person installing, placing or
maintaining the newspaper box on a
street, right-of-way, or other public
place within the City,
d. the name, address and telephone number
an officer, employee, agent or other
representative who may be contacted at
said address regarding matters
concerning this article, and
e. the location by lot and block number
and/or street number and name of the
placement of the newspaper box.
(4) A separate permit shall be issued showing the
information required in Section 18-55(a) (3) for
each newspaper box, and each permit shall
automatically expire on the first anniversary date
following the issuance of the permit.
(5) The permit shall be made in duplicate with
the original being retained by the person
installing, placing or maintaining the newspaper
box and the duplicate copy being retained in the
records of the city at the office of the
Inspections Department.
(6) It shall be the responsibility of the person
installing, placing or maintaining a newspaper box
to immediately notify the Building Official in
writing of any change in the name and addresses
required in subsections (a) (3)c and (a)(3)d of
this Section 18-55 or any change in the
information regarding the location of a newspaper
box required in subsection (a)(3)e of this Section
18-55.
Upon receiving written notice
of any such change, the Building Official or his
designated agent, shall securely attach the
written notice of the change to the copy of the
permit on file in the Inspections Department.
(b) ~ndemnit¥ ~reement.
Each and every person installing, placing or
maintaining and each and every owner of a
newspaper box on a street, right-of-way or other
public place within the City shall, at the time of
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payment of the fee, sign an agreement stating that
the individual signing the agreement is authorized
to sign the same, and stating that the said person'
agrees to hold harmless the City and its agents,
employees, and servants from any and all liability
resulting from the installation, placement, use or
maintenance of the said newspaper box.
~ection 18-56. Relocation of Newspaper Boxes.
Any newspaper box installed, placed or maintained in such
a manner as to create an imminent danger or hazard to the
safety of persons or property may be summarily moved and
relocated by any public officer of this City in such a manner
as to correct the dangerous or hazardous condition. The public
officer who so relocates a newspaper box shall thereupon
immediately give notice of such fact to the Chief of Police and
the Chief of Police shall thereupon immediately take reasonable
steps to notify, in writing, the person who installed, placed
or maintains the newspaper box of the fact of its changed
position. The said person shall have five (5) days from
receipt of the City's notice of the changed position of the
newspaper box to file with the Inspections Department a written
request that a hearing be held before the City Council
regarding the placement and the changed position of the
newspaper box. The date of filing shall be deemed to be the
date the written notice is received by the Inspections
Department. Within seven (7) days receipt of such written
request, by the Inspections Department timely filed, a hearing
shall be held before the City Council.
~ection 7. Amendment to the Code of Ordinances, sec. 18-57.
That Section 18-57 of the Code of Ordinances is hereby repealed
in its entirety.
Section 8. Amendments to the Code of Ordinances, sec. 18-57
~. That the addition of a new section 18-57 is
hereby added to the Code of Ordinances, and former sections
18-59 and 18-60 are hereby amended as sections 18-58 and 18-59,
respectively, and shall read as follows:
~ection 18-57. Printed Matter Prohibited.
No person shall sell, offer for sale, or keep or maintain
for sale any obscene material as such terms are defined in
Section 43.21 of the Texas Penal Code, as amended, in any
newspaper box installed, placed, used or maintained on any
street, right-of-way, intersection, or other public place
within the City.
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Section 18-58. ~otice.
Notice required pursuant to the provisions of this
ordinance shall be given by certified or registered mail as
follows:
A. To the City. Addressed to the Building Official,
City of The Colony, 5151 N. Colony Blvd., The Colony, Texas
75056.
B. By the City. Addressed to the name and address
stated on the permit of the person installing, placing or
maintaining the newspaper box and if different, to the
representative of the newspaper or, if written notice of
any change in the name(s) or address(es) of the same is
attached to the permit, then notice sent by the City
shall be mailed to the name(s) and address(es) indicated
on the written notice attached to the permit.
~ection 18-59. penalty.
It shall be unlawful for any person to violate any of the
provisions of this article and any person violating this
ordinance or any provision hereof shall, upon conviction, be
punished by a fine of not less than One Dollar ($1.00) nor more
than Five Hundred Dollars ($500.00), and each day that a
violation continues shall constitute a separate offense.
Section 9. ~everability Clause.
If any section, paragraph, sentence, clause, phrase or
word of this ordinance, or application hereof to any person or
circumstance, is held invalid by any Court of competent
Jurisdiction, such holding shall not affect the validity of the
remaining portions of the ordinance; and the City Council
hereby declares it would have passed such remaining portions of
the ordinance despite such invalidity, which remaining sections
and parts shall remain in full force and effect.
Section 10. Emerqency.
The fact that the present ordinances and regulations of
the City are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of
the City creates an emergency for the immediate preservation of
the public welfare which requires that the provisions of this
ordinance shall take effect upon the publication of this
ordinance as provided by law, and it is accordingly so ordained.
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City Secretary,
City of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
City Attorney,
City of The Colony, Texas
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