HomeMy WebLinkAboutOrdinance 21149-03-2014 ORDINANCE NO. 21149-03-2014
AN ORDINANCE AMENDING CHAPTER 29, "SIGNS," ARTICLE
1, "ADMINISTRATIVE," SECTION A01.3#) AND AMENDING
CHAPTER 23, "OFFENSES AND MISCELLANEOUS
PROVISIONS," SECTIONS 23-14, "POSTING OF HANDBILLS
AND SIGNS IN CERTAIN PLACES--PROHIBITED" AND 23-15,
"POSTING OF HANDBILLS, SIGNS, POSTERS, OR
ADVERTISEMENTS IN CERTAIN PLACES—PRIMA FACIE
EVIDENCE OF VIOLATION" OF THE CODE OF THE CITY OF
FORT WORTH (1986) AS AMENDED, TO PROVIDE FOR
REGULATIONS CONCERNING TIME, PLACE, AND MANNER
OF ELECTIONEERING ON PUBLIC PROPERTY USED AS A
POLLING PLACE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 14, 2013, the Texas Legislature passed H.B. 259, amending
Sections 61.003 and 85.036 of the Texas Election Code by requiring a public entity that
controls or owns a building used as a polling place to allow electioneering on the
premise, subject to reasonable regulations; and
WHEREAS, the polling locations in the City include facilities that are
simultaneously used for other purposes and for which adequate safety must be maintained
in order for those facilities to operate in a safe and effective manner; and
WHEREAS, current City regulations prohibit signs, including political signs, on
public property, therefore, those regulations must be arnended to comply with the new
law; and
WHEREAS, it is in the best interests of the citizens of the City that the current
sign regulations be amended and additional regulations be adopted which further public
health, safety and welfare of the community to address concerns that may arise from
electioneering on public property, including damage to property, traffic safety and blight.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
Ordinance No. 2 t 149-03-2014
Page ] of
SECTION 1.
Chapter 29, "Signs," of the Code of the City of Fort Worth (1986) is hereby
amended by amending Section A01.3.(c) by providing for regulations for political signs
on public property, to read as follows:
SECTION A01A Scope
'-Section A01.3.(c
)(5)-; changed to read as follows:
(5) Political signs referring to candidates or issues in a public election, subject to the
following conditions:
a. Political signs shall be permitted on private property only with the consent of the
property owner and provided the signs:
-1. Do not exceed 8 feet in height;
2. Do not have an effective area greater than 36 square feet,
3. Do not contain any moving elements, and
4. Are not illuminated.
b. Political signs, including those with messages on both sides of thesign, shall be
permitted on public property during the time the public property is used as an
election polling location provided the signs.
1. Are not located within 100 feet of an outside door through which ay.0-ter inay
enter the building of a polling location or such other distance as required by
the Texas Election Code;
2. Are on individual posts, stakes or holders placed into the ground or are
attached to vehicles lawfully parked at the premises of a polling location,
3. Do not have an effective area greater than 4 square feet;
4. Are not more than 2 feet in heiW)t,
5. Are posted only during the period beginning_ the first day the polls are open
for voting and ending twenty-four hours after the polls close or the last voter
has voted on election day,
6. Are not placed within 10 feet of drive vays of a polling location;
7. Are not illuminated;
8. Do not block or obscure other signs; and
9. Are notattached, placed or affixed to any building, tree, shrub, planting or
landscaping areas, parkin __areas, driveways, on medians with_pqr_kin areas
pQle, fence or other improvement on the public property used as a polling
location.
c. Signs located in violation of subsection b. may be removed by the entity in
control of the public property.
SECTION 2.
Chapter 23, "Offenses and Miscellaneous Provisions," of the Code of the City of
Fort Worth (1986) is hereby amended by amending See. 23-14(b) by providing for an
Ordinance No. 21149-03-2014
Page 2 of 4
exception to the prohibition of signs on public property used as polling locations, to read
as follows:
See. 23-14. - Posting of handbills, signs, posters, or advertisements in certain places
--Prohibited.
(b) This section shall not apply to a federal, state or local government employee or
public utility employee in the performance of their duties for their employer or to
a political sign on public property as allowed in Chapter 29, Section A01.3.(c).
SECTION 3.
Chapter 23, "Offenses and Miscellaneous Provisions," of the Code of the City of
Fort Worth (1986) is hereby amended by amending See. 23-15(1)(c) by providing for an
exception to the prohibition of signs on public property used as polling locations, to read
as follows:
See. 23-15. - Posting of handbills, signs, posters, or advertisements in certain
places—Prima facie evidence of violation.
(1) When any handbill, sign, poster, or advertisement for solicitation shall be found
posted, fastened, erected or displayed in violation of section 23-14 of this Code,
the handbill, sign, poster, or advertisement for solicitation shall be prima facie
evidence that such unlawful posting, fastening, erecting or displaying was caused
by the person, firm, or corporation advertised thereby if:
(c) posted, fastened, erected or displayed on or upon any structure, tree, pole,
curb or elsewhere within the right-of-way of any public street or upon any
public property within the City of Fort Worth without the express permission
of the City Council of the City of Fort Worth or as allowed in Chapter 29,
AQ 1.3(c).
SECTION 4.
This ordinance shall be cumulative of the Code of the City of Fort Worth, Texas
(1986), as amended, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs., sentences, clauses, and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void,
ineffective, or unconstitutional by the valid judgment or final decree of any court of
competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not
Ordinance No, 2 1 149-03-20 14
Page 3 of 4
affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase,
clause, sentence, paragraph, or section.
SECTION G.
All rights and remedies of the City of Fort Worth, Texas are expressly saved as to
any and all violations of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued 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, tinder such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
Any person, firm, or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable
by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving
fire safety, or public health and sanitation and shall be fined not more than Five Hundred
Dollars ($500.00) for all other violations of this ordinance. Each day or portion thereof
during which any violation of this ordinance occurs or continues shall be deemed a
separate offense and upon conviction thereof shall be punishable as herein provided.
SECTION 8.
The City Secretary of the City of Fort Worth, is hereby directed to publish the
caption, penalty clause, and effective date of this ordinance for two (2) days in the
official newspaper of the City of Fort Worth, Texas as authorized by Section 2,
Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 (a)
of the Texas Local Government Code.
SECTION 9.
This ordinance shall take effect after adoption and publication as required by taw.
APPROVED N � FORM AND LEGALITY:
.........
k
Assistant'City Attorney ay
a)yy ay, 4 1, y S 64tary
Adopted- March 4 2014
Effective:
Ordinance No. 2 1 149-03-20 14
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/4/2014 - Ordinance No. 21149-03-2014
...._............
DATE: Tuesday, March 04, 2014 REFERENCE NO.: G-18137
LOG NAME: 12POLITICAL SIGNS
SUBJECT:
Adopt Ordinance Amending Chapter 29, Signs and Chapter 23, Offenses to Amend the Regulations
Related to the Placement of Political Signs on Public Property Used as a Polling Place (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 29, signs, and
Chapter 23, Offenses to comply with recent changes in state law related to the placement of political signs
on public property used as a polling place.
DISCUSSION:
On June 14, 2013, the Texas Legislature passed H.B. 259, amending Sections 61.003 and 85.036 of the
Texas Election Code requiring a public entity that controls or owns a building used as a polling place to
allow electioneering on the premises, subject to reasonable time, place and manner regulations. Polling
locations in the City include facilities that are simultaneously used for other purposes, such as community
centers and libraries, and for which adequate safety must be maintained in order for those facilities to
operate in a safe and effective manner. The current sign regulations prohibit signs, including political
signs on public property; therefore, those regulations must be amended to comply with the new state
law. Staff recommends that the sign regulations be amended and additional regulations be adopted to
place restrictions on where political signs can be placed on public property, how long political signs may
be placed on public property and the manner in which political signs can be placed on public
property. The amendment to Chapter 29, Signs would read as follows:
Political signs, including those with messages on both sides of the sign, shall be permitted on public
property during the time the public property is used as an election polling location provided the signs:
1. Are on individual posts, stakes or holders placed into the ground or are attached to vehicles
lawfully parked at the premises of a polling location;
2. Do not have an effective area greater than four square feet;
3. Are not more than two feet in height;
4. Are posted only during the period beginning the first day the polls are open for voting
and ending twenty-four hours after the polls close or the last voter has voted on
election day;
5. Are not placed within 10 feet of driveways of a polling location;
Lognanne: 12POLITICAL SIGNS Page 1 of 2
6. Are not illuminated;
7. Do not block or obscure other signs-, and
8. Are not attached, placed or affixed to any building, tree, shrub, planting or landscaping areas,
parking areas, driveways, or medians with parking areas.
The amendments to Chapter 23, Miscellaneous, Sections 23-14 and 23-15 will provide for an exception to
the general prohibition of the placement of off-premise signs on public property to allow political signs on
public property being used as a polling location.
The ordinance amendments would affect public property in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds,
......... .........
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Sarah J. Fullenwider (7606)
Melinda Ramos (7631)
Additional Information Contact: Judy Lacker (8006)
Logname: 12POLITICAL SIGNS Page 2 of 2