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HomeMy WebLinkAboutOrdinance No. 647 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 COM/~ITTED 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: Section 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. 18-51. 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. 0108z/1 Inspections Department - The Inspections Department under the authority of the Building Official of the City of the Colony, Texas. Intersection - A place or area where two or more rights-of-way meet. Newspaper - A publication intended for general circulation, and published regularly at short intervals, containing intelligence of current events and news of general interest. Newspaper Box - A receptacle or container used for holding or placing a newspaper for sale or offered for sale. Person - Any natural person, association of natural persons, trustee, receiver, partnership, firm, corporation, organization, or the manager, agent, servant, or employee, including, but not limited to, independent contractors, or any of them. Public Place - Any publicly owned property dedicated for public purposes other than streets and right-of-ways. Right-of-way - Any publicly owned property dedicated for pedestrian or vehicular passage, which is used for public transportation purposes, public utility purposes or other government use, including but not limited to sidewalks, curbs, streets, paved or unpaved spaces, and spaces improved with lawn. Sidewalk - That portion of a right-of-way between the curb lines, or lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. Single-family detached dwelling - An enclosed building having accommodations for and occupied by only one family. Street - That portion of a right-of-way improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder, including alleys. Section 3. Amendments to the Code of Ordinances, sec. 18-52. That Section 18-52 (b) of the Code of Ordinances is amended to read as follows: (b) Appearance. The following shall apply to all newspaper boxes installed, placed, used, or maintained on any street, right-of-way, or other public place within the City: 0"108z/2 (1) No newspaper box shall be constructed of a material other than metal, except as provided in section 18-54. (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 Ordinances, 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 City which is adjacent and contiguous to any tract of land developed with a single-family detached dwelling or a structure devoted to religious worship. 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. 0~08z/3 (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. A~endments to the Code of Ordinances, sec. 18-55 throuqh 18-56. That Section 18-55 through 18-56 of the Code of Ordinances is amended to read as follows: ~ection 18-55. Fee and Indemnity Agreement Required. (a) Fee. (1) Each and every person seeking to install, place or maintain a newspaper box on a street, right-of-way, or other pubic place within the city shall pay a fee of five dollars ($5.00) per year 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 installing, placing, or maintaining said newspaper box. (2) The fee shall cover the cost and expenses of enforcement of this ordinance. (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 following 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 0108z/4 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. No additional fee shall be required to make changes to a current permit under this subsection (a)(6). 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) Indemnity AQreement. 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 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. Section 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 0108z/5 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. Section 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 throu~. 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: Section 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. Section 18-58. Notice. 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, 5/~-/ 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 OqOSz/6 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. ~9~~. 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. ~. ~everabilit¥ 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. Emerqenc¥. 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. 0108z/7 Mayor, City of The Colony, Texas City of The Colony, Texas [SEAL] APPROVED AS TO FORM: C~ty ~ttorn y, City of The Colony, Texas 0108z/8