Ord. 509- D 04-24-00ORDINANCE NO. 509-D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING SECTION 22, SIGNS, OF THE LAND USE AND
URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND
CODE OF ORDINANCES, (ORDINANCE NO. 509), AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, BY ADDING A NEW
SUBSECTION TO REGULATE SIGNS ADVERTISING PRODUCE GROWN
AND HARVESTED WITHIN THE CITY; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION,
PUBLICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That Section 22.1, Signs Requiring Permits, of Chapter 21, Signs, of
the Land Use and Urban Development Ordinance of the City of Pearland Code of
Ordinances, is hereby amended to read as follows:
"Section 22.1. Signs Requiring Permits.
... (3) No permit shall be required for the following signs:
On-site siqns advertisinq the sale of fresh fruit, veqetables, or other produce
grown and harvested on the same property on which the sale is to take
place, as Ionq as the fruit, veqetables, or produce has not been substantially
altered. Substantial alteration includes, without limitation, cookinq, canninq,
bakinq, and use in iams, iellies, preserves, and candies. These si.qns may
only be displayed durinq those periods of time when the produce advertised
is actually available for purchase. These siqns must be constructed of
durable, all-weather material, and may not exceed three (3~ square feet in
size. Only one such siqn shall be allowed per two hundred feet (200') of
property frontaqe on the street or riqht-of-way alonq which the siqns are to
be displayed...."
Section 2. Penalty. Any person who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor and shall, upon conviction by a court of
co~npetent jurisdiction, be punished by a fine in any sum not exceeding
Two Hundred Dollars (~200.00).
ORDINANCE NO. 509-D
Section 3. 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 4. 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 5. Repealer. All ordinances and parts of ordinances in conflict herewith
are hereby repealed but only to the extent of such conflict.
Section 6. 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 7, Publication and Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, 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 and penalty, in
the official City newspaper.
PASSED and APPROVED ON FIRST READING this the 10TM day of
2000.
April
TOM REID
MAYOR
2
ORDINANCE NO. 509-D
ATTEST:
,/CITY ~ECRETAR5'
PASSED and APPROVED ON SECOND AND FINAL READING this the 24th day
of April, A. D., 2000. /~
TOM REID
MAYOR
ATTEST:
~TY S~ETARY
APPROVED AS TO FORM:
DARRIN M. COKE~
CITY ATTORNEY
VOTING RECORD (SECOND AND FINAL READING
APRIL 24, 2000)
Voting "Aye" - Councilmembers Beckman, Tetens, Berger,
Wilkins, and Seeger.
Voting "No" - None.
Motion passes 5 to 0.
PUBLICATION DATE: APRIL 26, 2000
EFFECTIVE DATE: MAY 6, 2000
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
3
AGENDA REQUEST
BUSINESS OF THE CITY COUNCIL
CITY OF PEARLAND, TEXAS
AGENDA OF: 4/10/00
DATE SUBMITTED: 3/27/00
PREPARED BY: DARRIN COKER
ITEM NO.
DEPARTMENT OF ORIGIN: LEGAL
PRESENTOR: DARRIN M. COKER
SUBJECT: SIGN ORDINANCE AMENDMENT
EXHIBITS: ORDINANCE NO. 509-D
EXPENDITURE REQUIRED - N/A
AMOUNT BUDGETED - N/A
ACCOUNT NO.
ADDITIONAL APPROPRIATION REQUIRED
ACCOUNT NO.
N/A
FUNDS AVAH~ABLE N/A (Finance Department Approval)
EXECUTIVE SUMMARY
As you are aware, the City Council recently held a public heating on the proposed Ordinance which
will allow on-site signs for the advertising of fresh produce that is grown on the same property on
which the sale is to take place. The only revision made since the public hearing requires that the
signs be located "on-site." Councilmember Beckman did not feel that the Ordinance should apply
to property already possessing a ground sign. However, because there were no other comments on
the issue, I did not make further revisions. The Council may make changes to the Ordinance at the
City Council meeting by directing me accordingly.
RECOMMENDED ACTION
Consider Ordinance No. 509-D.