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Home My WebLink AboutOrd. 509- J 04-26-04 ORDINANCE NO. 509-J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 24.11 PROHIBITED SIGNS, ADVERTISING, LIGHTING OF THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE SIGNAGE IN THE CITY INURES TO THE BENEFIT OF THE PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Section 24.11, Prohibited Signs, Advertising, Lighting, of the Land Use and Urban Development Ordinance of the City of Pearland, is hereby AMENDED to read as follows: "Section 24.11. Prohibited Signs, Advertising, Lighting. (1) No person shall attach any sign, paper, other material, or paint, stencil, or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, utility pole, trees, public building, fence or structure unless authorized by this ordinance. (2) No sign shall be illuminated to any intensity greater than two hundred (200) lamberts. The restrictions of luminance shall be determined from any other premise or from any public right-of-way other than an alley. Lights shall be shielded to prevent the source of lighting from being directly visible from residential properly. (3) No portion of any sign shall be erected upon or over public right of way or public property, except as specifically authorized by this ordinance. Unauthorized signs located upon or over public rights of way or public property may be immediately removed by the City Building Official. ORDINANCE NO. 509-J (4) (5) (6) (7) (8) (9) (10) (11) (12) Signs and advertising devices which: move, rotate, or change color; are animated; or have any type of intermittent illumination, including flashing, fading, revolving or blinking lights, or any type of moving, scrolling or changing message by means of lights or illumination are prohibited, provided, however, this section shall not be deemed to prohibit devices displaying only time and temperature. Signs and advertising devices which produce noises discernible from more than one hundred fifty (150) feet away are prohibited. No sign shall be erected in a floodway zone without the approval of the Building Official. No on-premise free standing sign shall be located within seventy-five (75) feet of another on-premise free standing sign on the same side of the street or highway. All "off-premise signs" are expressly prohibited unless specifically authorized by this ordinance. Signs which contain statements, words, or pictures of an obscene, indecent, or immoral character that would offend public morals or decency are prohibited. Signs placed on the side or rear of any building or property when such sign faces upon a contiguous residential area. Signs which contain or have attached thereto banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similar devices are prohibited. Free-standing pole signs which no longer advertise a bona fide business conducted, or a product sold, shall be removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within thirty (30) days after written notification to do so from the Building Official. Ground signs which no longer advertise a bona fide business conducted, or a product sold, shall have blank faces installed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within thirty (30) days after written notification to do so from the Building Official. Upon failure to comply with such notice within the time specified in such order, the Building Official is authorized to file a complaint in Municipal Court and/or cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the land, building or structure to which such sign is attached or upon which it is erected." 2 ORDINANCE NO. 509-J Section 2. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed but only to the extent of such conflict. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then become effective ten (10) days from and after its publication, or the publication of its caption, in the official City newspaper. Section 7. Emergency. The Council finds and determines that the need to regulate signage in the City of Pearland inures to the benefit of the public and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that this Ordinance shall be adopted as an emergency measure, and that the 3 ORDINANCE NO. 509-J rule requiring this Ordinance to be read on two (2) separate occasions be, and the same is hereby waived. PASSED and APPROVED on First and Only Reading this the 26th day of April , A.D., 2004. TOM REID MAYOR ATTEST: ¢ 1 U N ~:¢R F[I~, T RM C /f'Y ~,E'CRETCY APPROVED AS TO FORM DARRIN M. COKER CITY ATTORNEY VOTING FIRST AND ONLY READING APRIL 26, 2004 Voting "Aye" - Councilmembers Viktorin, Owens, Tetens, and Seeger. Voting "No" - None. Motion passes 4 to 0, with Councilmember Marcott absent. PUBLICATION DATE: April 28, 2004 EFFECTIVE DATE: May 8, 2004 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 4 AFFIDAVIT OF PUBLICATION The Pearland RepOrter News ~ 2404 South Park Pearland, Texas 77581 State of Texas Brazoria and Harris Counties I, Randy Emmons, hereby certify that the notice hereby appended was published in Brazoria and Harris Counties in THE REPORTER NEWS, a newspaper of general cimulation~in Brazoria, Harris & Galveston Counties, for / issues, as follows: No. / Date /'/~ ~ 20 ~? ~ No. ¸No. NO. Date Date Date' No. Date 20~ 20__ 20¸ 20~ - (/" President · :~' Subscribe and sworn to before me this 20 day of Laura Ann Emmons, Publisher Notary Public, State of Texas Published April 28, 2004 ORDINANCE NO. 509-J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEARLAND, TEXAS, AMENDING SEC- TION 24.11 PROHIBITED SIGNS, ADVERTISlNO, LIGHTING OF THE LAND USE AND URBAN DEVEL. OPMENT ORDINANCE OF THE CITY OF PEARLAND (ORDINANCE NO. 509), AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED, PROVIDING A PENALTY FOR VIOLA. TION; HAVING A SAV- INGS CLAUSE, A SEVER. ABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFI- CATION, PUBLICATION AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO REGULATE SlGNAGE IN THE CITY INURES TO THE BENEFIT OF THE PUBLIC AND, ' THEREFORE, BEARS DIRECTLY UPON TI.IE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. PASSED and APPROVED ON the FIRST AND ONLY BEADING this the 26th day of April , A. D., 2004. /s/Tom Reid Mayor Attest: /s/Young Lorfing, TRMC City Secretanj Approved as to.form: /s/Darrin M. Coker City Attorney VOTING RECORD FIRST AND ONLY READING APRIL 26, 2004 Voting "Aye"- Councilmembers Viktorin, Owens, Tetens, and Seeger. Voting "No"- None. Motion ~)asses 4 to 0, with Councilmember Marco. it absent. PUBLICATION DATE: Apd128, 2004 EFFECTIVE DATE: May 8, 2004 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CiTY OF PEARLAND, TEXAS