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HomeMy WebLinkAboutOrdinance No. 02-1415 CITY OF THE COLONY, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER 6, ARTICLE II "SIGNS" OF THE CITY CODE OF ORDINANCES, TO PROHIBIT TEMPORARY OFF-PREMISE REAL ESTATE DIRECTIONAL SIGNS; TO INCLUDE A PRESUMPTION CLAUSE AND TO REPEAL ORDINANCES IN CONFLICT WITH THESE PROVISIONS; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY UPON CONVICTION IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (the "City"), located in Denton County, Texas, is a Home Rule Municipality possessing the full power of local self government as provided by Article XI, Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local Government Code and its Home Rule Charter; and WHEREAS, the City of The Colony is desirous of promoting its beautification efforts and to reduce clutter along its public right-of-ways, streets and thoroughfares; and WHEREAS, the City of the Colony wishes to promote enforcement efforts to reduce signage which is in violation of the City's sign ordinance; and WHEREAS, the Planning and Zoning Commission at it regular meeting held on November 12, 2002, considered the amendments to the Sign ordinance to prohibit temporary off-premise real-estate directional signs and to add a presumption clause, and made a recommendation for approval to the City Council; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the evidence, information and other materials submitted and received at the public hearing and in connection therewith, the City Council of the City of The Colony finds that it is in the best interest of the public to prohibit temporary off-premise real estate directional signs and to add a presumption clause to the sign ordinance and further finds that such amendments will promote the health, safety, morals and general welfare of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. REPEALED That Section 6-26 (d) (2) "Temporary real estate directional signs" is hereby repealed. SECTION 3. AMENDMENTS That Section 6-22 (12) "Prohibited Signs" is hereby amended to read as follows: Billboards, search lights, roof signs and vehicular signs where the apparent purpose is to supplement permanent signage; "V" signs, portable and marquee signs; except as permitted in Section 6-26(d); Temporary off-premise real estate directional signs; signs containing graffiti, obscene, indecent or immoral words, pictures, descriptions or other matter. SECTION 4. PRESUMPTION - VIOLATIONS IN OR ON PUBLIC PROPERTY A. If any sign is erected, constructed or maintained in or over a public right-of-way or in violation of any provision of the City's Sign Ordinance, there shall be a presumption that: 1. When the name of any person (corporate or individual) appears on such a sign, it shall be prima facie evidence that the person so named is responsible for the offense of erecting, constructing or maintaining said sign. 2. When any address appears on such sign, it shall be prima facie evidence that the record property owner at the address so specified is responsible for the offense of erecting, constructing or maintaining said sign. 3. In the event that such a sign contains no identifying information other than a telephone number, such information shall be prima facie evidence that the record property owner at the address so specified is responsible for the offense of erecting, constructing or maintaining said sign. B. Proof establishing a prima facie case based on name, address or telephone number may be made as follows: 1. Name - An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself. 2. Address - A certified copy of that section of the most recent tax roll which shows the name and address of the record property owner and an authenticated photograph of the sign or the sign itself. 3. Telephone Number - An authenticated photograph of the sign or the sign itself, showing the telephone number, and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at that telephone number. SECTION 5. PENALTY It is unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than five hundred dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6. SAVING Chapter 6 of the Code of Ordinances of the City of The Colony, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 7. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 8. PUBLICATION CLAUSE The City Secretary of the City of The Colony is hereby directed to publish in two issues of the Official newspaper of the City of The Colony, the Caption and Effective Date clause of this Ordinance as required by the Texas Local Government Code. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the _c~/~/D day of ,2002. Bernetta Henville-Shannon ~-. Mayor, City of The Colony, Texas ATT~T:, Patti Hicks, TRMC. City Secretary, City of The Colony, Texas APPROVED AS TO FORM: · y~~.TRi~?~~~¢Ax :ts°rn~y'