HomeMy WebLinkAboutOrdinance No. 05-1612
ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 05-1612
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS AMENDING CHAPTER 6, ARTICLE II. SIGNS,
SECTION 6-21. DEFINITIONS, OF THE CODE OF ORDINANCES BY
AMENDING THE DEFINITION FOR ABANDONED SIGNS TO
PROVIDE A SIXTY (60) CALENDAR DAY TIME PERIOD; BY
AMENDING SECTION 6-23(1) TO PROHIBIT ABANDONED SIGNS;
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
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Chapter 6 of the Code of Ordinances regulates signage within the City; and
WHEREAS, the City has provided for a definition of abandoned signs; and
WHEREAS, the City Council hereby finds it necessary to amend the definition of
abandoned signs to specify a sixty (60) calendar day time period wherein the sign is considered
abandoned.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS;
SECTION 1. That Chapter 6, Article II. Signs, Section 6-21. Definitions, and Section 6-
23, subsection (f) Prohibited Signs, of the Code of Ordinances of the City of The Colony be, and
the same is, hereby amended by amending the definition for abandoned signs to include the
specific time period wherein the sign is considered to be abandoned and to prohibit abandoned
signs, which shall read as follows:
"Sec. 6-21.
Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Signs, abandoned, means an on-premise sign, attached or detached, advertising a
business that has closed or ceased operation for a period of sixty (60) calendar days, or
where the certificate of occupancy has been revoked or expired.
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Sign . . . . .
Sec. 6-23.
General provisions for all zoning districts.
(f) Prohibited signs. Billboards, search lights, roof signs, abandoned signs and vehicular
signs where the. . . . .
"
SECTION 2. The provisions of this Ordinance are severable. However, in the event this
Ordinance or any procedure provided in this Ordinance becomes unlawful, or is declared or
determined by a judicial, administrative or legislative authority exercising its jurisdiction to be
excessive, unenforceable, void, illegal or otherwise inapplicable, in whole or in part, the
remaining and lawful provisions shall be of full force and effect and the City shall promptly
promulgate new revised provisions in compliance with the authorities decision or enactment.
SECTION 3. All rights and remedies of the City of The Colony, Texas are expressly
saved as to any and all violations of the provisions of any other ordinance affecting development
and land use which have secured at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the court.
SECTION 4. Any person, firm or corporation violating any of the provisions of this
ordinance or the provisions of the Code of Ordinances of the City of The Colony, Texas, as
amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject
to a fine not to exceed the sum of Five Hundred ($500.00) dollars for each offense, and each and
every day such offense shall continue shall be deemed to constitute a separate.
SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall become effective from and after its date of passage in
accordance with law.
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PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
the 19th day of October, 2005.
(SEAL)
Robert E. Hager
City Attorney
(REH/cdb 10/12/05)
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