Ord. 0406 11-13-79ORDINANCE NO. 406
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REGULATING
PORTABLE SIGNS: PROVIDING PENALTIES FOR THE VIOLATION
THEREOF: PROVIDING A SEVERABILITY CLAUSE: AN EFFECTIVE
DATE: AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION I
Definitions. For the purpose of this Ordinance the following terms,
phrases, words and their derivations shall have the meanings as set out
herein:
(a) Portable Signs. The term "Portable Signs" shall mean any free
standing sign with interchangeable legends mounted on trailers, skids or
frames, which are not permanently anchored or secured to either a building,
ground, or other permanent structure, andusedfor the purpose of advertise-
ment, announcements for business or other related purposes.
(b) Located. The term "located" shall mean the placing of a sign on
a lot or tract of land.
(c) Public Service Signs. The term "public service signs" shall
mean any sign permitted by a church, public school, governmental agency
or other charitable non-profit organization.
SECTION II
Permit Required. It shall be unlawful for any person to locate a
portable sign on any lot or tract of land within the corporate limits of
the City without first obtaining a portable sign permit from the City.
Permits will be designated for one sign at one location. No more than
four (4) permits per calendar year shall be granted; provided, however,
on multiple use property of three (3) acres or more, such as shopping
centers, four (4) permits per year per location of a portable sign on the
multiple use property itself may be granted to any business located on
such property. In addition to the permits allowed in this section, a
new business opening within the City shall be allowed, upon request, a
one-time thirty (30) day permit which must be utilized by the permit
holder within thirty (30) days of the business opening. All required
permits when issued, shall be conspicuously displayed by the permit
holder on each sign at each location. The permit fee for each sign at
one location shall be the sum of Ten and no/100 ($10.00) Dollars each;
provided, however, that the required permit fee shall not be required for
any public service signs as defined herein.
SECTION III
Time Period Authorized. Permits shall authorize portable signs at
a particular location for thirty (30) days. No new permit shall be granted
for a location within thirty (30) days of the expiration of a permit at
the same location.
SECTION IV
Location of portable signs. Portable signs may be located within any
General Business, Neighborhood Service, Commercial, Industrial, and
Planned Unit undeveloped zoning district. No portable sign shall be placed
in any residentially zoned district or on any public property, Portable
signs must be at least twenty-five (25) feet from adjacent residential
property and shall be located no closer to any street, than fifteen (15)
feet from the back of the curb, or, if there is no curb, ten (10) feet
from the property line.
SECTION V
Compliance With City Codes. All portable signs subject to permit
shall conform, where applicable, to all provisions of the Building and
Electrical Codes of the City. All signs shall be inspected by the build-
ing inspector prior to permitted location.
SECTION VI
Enforcement. Failure to move a portable sign upon expiration of the
authorized period shall constitute a violation. Placement of a sign with-
out a permit shall constitute a violation. The owner or person in control
of premises where a portable sign is located or placed shall be charge-
able with any violation defined in this chapter. If any portion of a
portable sign is found on public property or on private property without
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permission of the owner thereof, it shall be impounded by the City and
will be released to the owner thereof, only after payment of TEN DOLLARS ---
($10.00)-- plus TEN DOLLARS---($10.00)-- for every day of storage.
The enforcement of the provisions of this chapter shall be the responsi-
bility of the building inspector. The remedies in this section are in
addition to any other penalties available.
SECTION VII
Penalty for Violation. Violation of this Ordinance shall constitute
a misdemeanor and any person, firm or corporation convicted of such shall
be fined in an amount not to exceed TWO HUNDRED DOLLARS ($200,00) and
each day during which such violation shall continue to exist shall constitute
a separate and distinct offense.
SECTION VIII
Severability. If any section, subsection, sentence, clause, or
phrase of this article is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions hereof, it being
expressly intended that all portions hereof should be severable and
individually valid.
SECTION IX
Repeal of Ordinances in Conflict. All Ordinances in force when
this Ordinance becomes effective, and which Ordinances are inconsistent
herewith, or in conflict with this Ordinance, are hereby repealed,
insofar as said Ordinancesare inconsistent or in conflict with this
Ordinance.
SECTION X
Effective Date. This Ordinance shall be effective and be in full
force and effect then (10) days from and after its adoption on second and
final reading.
SECTION XI
Publication. The City Secretary is hereby authorized and directed
to publish the Captioned of this Ordinance in accordance with the provisions
of the Charter of the City of Pearland.
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PASSED and APPROVED upon first reading by the City Council of the
City of Pearland, Texas, at a regular meeting, this
day of September
Attest:
CITY SECRETARY
, 1979.
MAYOR
24
AS AMENDED
PASSED, APPROVED and ADOPTED upon second reading/by the City Council
of the City of Pearland, Texas, at a regular meeting, this 13
day of November
Attest:
CITY SECRETARY
, 1979.
MAYOR
VOTING RECORD: (SECOND READING) - AYES: Coppinger, Mack & Wilson
NO: McComb & Frauenberger
EFFECTIVE DATE:
December 3. 1979
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