DIVISION 2. - BILLBOARDS
Sec. 28-136. - Prohibition of new billboards.
Sec. 28-137. - Height limitations.
Sec. 28-138. - Setback requirements.
Sec. 28-139. - Nonconforming rights.
Sec. 28-140. - Reserved.
Sec. 28-141. - Scenic corridors; historic districts.
Sec. 28-142. - Maximum size of sign face.
Sec. 28-143. - Animation.
Sec. 28-144. - Engineer certifications.
Sec. 28-145. - Billboards on public property.
Sec. 28-146. - Construction requirements.
Sec. 28-147. - Maintenance.
Sec. 28-148. - Residential developer/builder billboards.
Sec. 28-149. - Registration of existing billboards.
Sec. 28-150. - Billboards in ETJ.
Sec. 28-151. - Governmental action.
Sec. 28-152. - Signs on roads and highways maintained by the city.
Sec. 28-153. - Bandit signs.
Secs. 28-154—28-160. - Reserved.
Sec. 28-136. - Prohibition of new billboards.
No new construction permits shall be issued for billboards except for relocation of existing billboards to new sites which meet the provisions of this chapter, including the following spacing requirements within the corporate limits of the city: (a)
On interstates, freeways or expressway systems, billboards up to six hundred seventy-two (672) square feet shall not be closer than one thousand five hundred (1,500) feet along one side of the roadway.
(b)
On primary and secondary arterial streets, billboards up to three hundred ninety-nine (399) square feet shall not be closer to any other billboard than seven hundred fifty (750) feet along one side of the roadway; on secondary arterial streets, billboards ninety-nine (99) square feet and less shall not be erected closer than five hundred (500) feet along one side of the roadway.
(c)
On collector and local access streets, billboards ninety-nine (99) square feet and less shall not be erected closer than five hundred (500) feet along one side of the roadway.
[LEFT](Ord. No. 58486, § 34-43, 3-22-84; Ord. No. 62653, § 22, 4-3-86)[/LEFT]
Sec. 28-137. - Height limitations.
[LEFT]All billboards erected after the effective date of this provision shall not exceed forty-two and one-half (42½) feet in height above the adjacent street grade, not to exceed a maximum of sixty (60) feet above ground level.
(Ord. No. 58486, § 34-44, 3-22-84; Ord. No. 62653, § 23, 4-3-86)[/LEFT]
Sec. 28-138. - Setback requirements.
(a)
Generally. A billboard may be installed on a side or rear property line provided the lot is zoned to permit zero setbacks, and the adjoining zoning classifications are not residential. No part of the sign, its support structure, light fixtures, or catwalks may overhang the property line. A billboard erected adjacent to residentially zoned property shall observe the side and rear yard setbacks required by the zoning ordinance. In such instances light fixtures and catwalks may overhang the setback lines no more than six (6) feet. However, no part of the sign face or its support structure shall overhang the setback lines. All billboards in excess of seventy-five (75) square feet are to be setback from the following facilities, districts, and parks as specified below:
(1)
Large urban parks. A one thousand (1,000) foot radius from the park boundaries, except in the case of Brackenridge Park, in which case the requirements of section 28-140 shall apply.
(2)
Publicly owned and operated sports complexes. A five hundred (500) foot radius from the complex boundaries.
(3)
Community Parks. A three hundred (300) foot radius from the park boundaries.
(4)
Neighborhood parks. A two hundred (200) foot radius from the park boundaries.
(5)
Cultural facilities. A five hundred (500) foot radius from the facility boundary.
(6)
Historic buildings and structures. A two hundred (200) foot radius from the building or structure.
(7)
Historic districts. A five hundred (500) foot radius from the district boundary.
(8)
Universities and colleges. Billboards in excess of seventy-five (75) square feet shall not be permitted on the opposite side of a public street bordering a university or college.
(b)
Small billboards. Billboards in excess of seventy-five (75) square feet shall adhere to all property setback lines established in chapter 35 for the applicable zoning category. Additionally, these billboards shall be set back a minimum of thirty (30) feet from adjacent residential zones. Billboards which measure seventy-five (75) square feet or less of sign face shall adhere to property lines, but are not required to conform to the other setback limits established in this chapter.
(c)
Distance from overpass, etc., railings. All billboards shall be set back a distance of at least fifteen (15) feet from the railing of an overpass or bridge on any road, street, highway, or expressway.
(d)
Commentary. All park definitions are taken from the San Antonio Parks Plan, 1981 edition. A publicly owned sports complex is meant to be a facility such as the Alvo Jo Fischer or Kennedy Softball Complexes. The radius setback requirements do not apply to private parks, country clubs, etc., which are not open to the general public. Any legally erected billboard which no longer conforms to the provisions of this chapter due to the creation of a new park, historic district, etc., shall be officially recognized as nonconforming by the director according to the requirements established in section 28-139. Billboards are no longer permitted within historic districts. Existing billboards in historic districts shall be awarded nonconforming status in accordance with the provisions of section 28-139.
[LEFT](Ord. No. 58486, § 34-45, 3-22-84; Ord. No. 62653, § 24, 4-3-86)[/LEFT]
Sec. 28-139. - Nonconforming rights.
(a)
Generally. Any legally erected billboard which, by reason of revisions to this chapter, no longer complies with its provisions, shall be awarded nonconforming status by the director of the planning and development services department if the operator registers the billboard with the director within one hundred eighty (180) days of the effective date of passage of the revisions. After that time, the director may order any unregistered nonconforming billboard removed at the operator's expense.
(b)
Damaged structures. Any non-conforming billboard structure which is damaged beyond fifty (50) percent of its replacement value shall be removed at the operator's expense.
(c)
[
Removal and replacement of nonconforming billboards.] As indicated in subsection (a), nonconforming rights shall be awarded to those billboards which, while once legally erected, no longer conform to the provisions of this chapter. Such rights shall further be allowed to run with the site for a period of sixty (60) days following the removal of the nonconforming billboard, provided such land owner within twenty-four (24) hours after removal of the nonconforming billboard files with the department of development services a written notice of intent to replace said nonconforming billboard with a billboard which is relocated from another site. During that sixty-day period, a billboard may be erected at the identical location of the nonconforming billboard, provided that the new sign shall be erected to conform to all relocation, construction, height and spacing requirements of this chapter. The new sign shall have the same size sign face as the previous billboard but shall not exceed the limits of section 28-142. If the existing sign exceeds the standards set out in this chapter, the new sign must conform to the provisions of section 28-142. Provided further, that during the same sixty-day period, no billboard may be erected within the applicable spacing regulations except at the identical location of the removed nonconforming billboard.
[LEFT](Ord. No. 58486, § 34-46, 3-22-84; Ord. No. 62653, § 25, 4-3-86; Ord. No. 2006-05-11-0573, §§ 5, 6, 5-11-06; Ord. No. 2009-01-29-0071, § 3, 1-29-09) [/LEFT]
Sec. 28-140. - Reserved.
Editor's note—Ord. No. 79042, § 3, adopted Oct. 28, 1993, repealed former § 28-140, relative to special setback and height requirements for Brackenridge Park, which derived from Ord. No. 58486, § 34-47, adopted March 22, 1984.
Sec. 28-141. - Scenic corridors; historic districts.
(a)
Scenic corridors. The following streets are designated as scenic corridors:
(1)
Any expressway or freeway constructed after April 13, 1986.
(2)
McAllister Freeway/IH-37 between its intersections with Sunset Road and IH-10/US Highway 90.
(3)
Charles Anderson Loop/FM 1604 as defined in the city's major thoroughfare plan as well as any future extensions of FM 1604.
(4)
State Highway 151 and any extension of same.
(5)
Wurzbach Parkway between its intersections with IH-35 and Lockhill-Selma Road.
(6)
IH-10 between its intersections with Hildebrand Avenue and IH-37.
(7)
IH-35 between its intersections with IH-37 and IH-10.
(8)
IH Loop 410 S between its intersections with New Sulphur Springs Road (FM 3432) and Pearsall Road.
(9)
IH-35 between its intersections with IH Loop 410 S and Charles Anderson Loop/FM 1604.
(10)
IH-37 between its intersections with IH Loop 410 S and Charles Anderson Loop/FM 1604.
(11)
State highways, and arterials as defined by the city's major thoroughfare plan that are located or come into existence after April 17, 2003, within the area bounded by IH Loop 410S, IH-35, Charles Anderson Loop/FM 1604, and IH-37, including:
a.
Somerset Road/FM2790.
b.
Senior Road.
c.
Noyes Road.
d.
State Highway 16 South.
e.
South Zarzamora Street.
f.
Applewhite Road.
g.
Neal Road.
h.
Pleasanton Road.
i.
Watson Road.
j.
Fischer Road.
k.
Martinez Losoya/FM 2537.
l.
US Highway 281 S.
m.
FM 3499.
n.
Roosevelt Avenue/FM 1937.
o.
Brauning Road.
p.
Blue Wing Road.
q.
Southton Road.
r.
S. Presa/U.S. 181 S.
[LEFT]Accordingly, no billboards shall be erected along that portion of said freeways, expressways, state highways, or arterials. For purposes of this chapter, a billboard shall be considered to be "along" said freeways, expressways, state highways or arterials if it is erected within six hundred and sixty (660) feet of the public right-of-way. [/LEFT]
(b)
Historic districts. It shall be unlawful to erect a billboard in an historic district.
(c)
Commentary. The McAllister Freeway between Sunset Road and Josephine Street provides San Antonians with a particularly unique view of their city. Because most of the land abutting the freeway is publicly owned, billboards have not become commonplace along it. Prohibiting billboards along the McAllister Freeway is intended to enhance an especially striking view of the downtown, Trinity University, the large trees in Olmos and Brackenridge Parks, and the Incarnate Word Property. Designating Loop 1604, State Highway 151 and all future freeways as scenic corridors will serve to preserve natural surroundings, thereby enhancing the aesthetic environment, reducing visual blight and distraction and further promoting traffic safety.
[LEFT](Ord. No. 58486, § 34-48, 3-22-84; Ord. No. 62653, §§ 24, 26, 4-3-86; Ord. No. 62654, § 4, 4-3-86; Ord. No. 78122, § 1, 6-10-93; Ord. No. 97495, § 1, 4-17-03) [/LEFT]
Sec. 28-142. - Maximum size of sign face.
(a)
The maximum size of the sign face, as viewed from one (1) direction, for any billboard shall be:
(1)
Six hundred seventy-two (672) square feet along freeways, expressways and interstate highways.
(2)
Three hundred ninety-nine (399) square feet along arterials.
(3)
Ninety-nine (99) square feet along collectors and local access streets.
(b)
The square footage requirements specified in paragraph (a)(1) through (3) pertain to the sign face per se. Embellishments and cutouts, may be utilized on billboards as long as these extensions do not measure more than twenty (20) percent of the allowable square footage for the sign face.
[LEFT](Ord. No. 58486, § 34-50, 3-22-84; Ord. No. 62653, § 27, 4-3-87)[/LEFT]
Sec. 28-143. - Animation.
[LEFT]No billboard shall be erected or altered to include such animation as: Parts which move, flashing/blinking lights, or smoke issuing from the sign which may be distracting to motorists. This prohibition does not include time and temperature and message signs.
(Ord. No. 58486, § 34-50, 3-22-84; Ord. No. 62653, § 28, 4-3-86)[/LEFT]
Sec. 28-144. - Engineer certifications.
(a)
Generally. A drawing, certified by a structural engineer registered in the state, shall be required for each type of billboard which exceeds three hundred (300) square feet of sign face and is over fifty (50) feet high. The drawing shall attest that the particular kind of sign will withstand a wind load of thirty (30) pounds per square foot and shall state the depth to which the support structure must be set for the specific type of soil conditions. These drawings shall be kept on file for each operator in the department of development services.
(b)
If an operator requests a permit for a billboard measuring less than three hundred (300) square feet of sign face and which is under fifty (50) feet high, he may utilize an engineer certified chart in lieu of the drawing referenced in subsection (a). This chart shall specify the pipe diameter needed for various sizes of signs and the foundation requirements for the signs according to general soil conditions. The chart must be certified by a structural engineer registered in the state. A copy of the chart shall be submitted to the department of development services with each permit application. At the time an application for a permit is made, the operator shall note on the application what specific type of soil is prevalent at the site.
(c)
Commentary. Smaller-sized billboards are often designed to address the needs of a specific client. Accordingly, requiring an engineer certified drawing for such signs would significantly increase the billboard operator's business costs. Accordingly, a reproducible chart may be substituted for the certified drawings in these instances. The chart represents a one-time, rather than recurring cost, and will adequately ensure the public interest for the smaller-sized billboards.
[LEFT](Ord. No. 58486, § 34-51, 3-22-84; Ord. No. 2006-05-11-0573, § 6, 5-11-06)[/LEFT]
Sec. 28-145. - Billboards on public property.
[LEFT]No billboard, or any part thereof, shall be located on or above any public property or street right-of-way.
(Ord. No. 58486, § 34-52, 3-22-84)[/LEFT]
Sec. 28-146. - Construction requirements.
(a)
Every billboard shall be firmly and solidly constructed so as to withstand a windload of at least thirty (30) pounds per square foot of area.
(b)
An open space of at least seven (7) feet shall be provided between the bottom of the billboard and the ground. If necessary, support bracing for the sign may extend through the open space.
(c)
All billboards exceeding twenty-five (25) feet in height shall be of fireproof construction.
(d)
Base aprons measuring not less than twenty-four (24) inches high shall be attached to the bottom of all billboards with sign faces measuring ten (10) feet or more in height and forty (40) feet or more in width.
(e)
All service platforms shall have a jack or support at each structural upright and shall have a minimum width of twenty (20) inches of walking surface. Service platforms shall be mandatory on all billboards measuring more than twelve (12) feet between ground level and the bottom of the sign face.
(f)
All exposed wood or metal surfaces, including treated but unpainted stringers, platforms, jacks or other supports, excepting galvanized metal, shall be painted, both front and back, upon installation of the billboard.
(g)
Billboards shall be designed and emplaced not to create a traffic hazard near street intersections or railroad crossings. Billboards shall not be positioned in a way which obscures, or physically interferes with, a traffic sign, signal device or a driver's view of approaching, merging, or intersecting traffic.
(h)
Billboards shall not be illuminated in a manner which interferes with the effectiveness of or obscures an official traffic sign, signal, or device; nor may the light emitted from any billboard cause glare to, or impede the vision of, the driver of any motor vehicle.
(i)
There shall be a distance of fourteen (14) feet between the ground and the bottom rung of any ladder which is permanently attached to the billboard structure. The fourteen (14) foot separation is necessary to ensure public safety. Existing signs which do not meet this standard shall not be awarded nonconforming status. The city sign inspector is authorized to issue citations to any billboard operator whose signs are in violation of this section.
[LEFT](Ord. No. 58486, § 34-53, 3-22-84)[/LEFT]
Sec. 28-147. - Maintenance.
[LEFT]All billboards must be kept in good repair. If the lot on which the billboard is located is undeveloped, the area between the billboard and the street or highway to which it is oriented, as well as a twenty-five (25) feet around the support pole, must be kept free of all sign materials, weeds, debris, trash and other refuse. All billboards must b e maintained by a licensed billboard operator.
(Ord. No. 58486, § 34-55, 3-22-84; Ord. No. 62653, § 29, 4-3-86)[/LEFT]
Sec. 28-148. - Residential developer/builder billboards.
[LEFT]A maximum of four (4) residential developer and four (4) residential builder owned and operated billboards not to exceed a total number of eight (8) per residential subdivision may be erected which advertise only the name of the residential developer/builder and the name of and directions to a residential real estate development. A residential developer/builder billboard which advertises the names of the residential developer and builder on the same advertising copy shall be considered to be a part of one (1) billboard. A double faced residential developer/builder billboard shall be counted as one (1) billboard. A residential developer/builder billboard which is relocated from another site shall not be counted as part of the four (4) residential developer/builder billboards authorized under this section. In addition to the regulations set out in this chapter, the following restrictions shall apply: [/LEFT]
(a)
Residential developer/builder owned and operated billboards may be permitted only within five (5) miles of the boundaries of the advertised subdivision for up to three (3) years; provided, however, said permits may be renewed for periods of one (1) year each if the residential developer/builder submits evidence to the board to prove the following:
(1)
The existence of a bona fide operational sales office within the subdivision; and/or
(2)
Not more than ninety-five (95) percent of new homes in the subdivision have been sold.
(b)
A residential developer/builder owned and operated billboard which no longer meets the requirements of this section or which is maintained beyond the expiration of its permit shall be removed within sixty (60) days at the owner's sole expense.
(c)
A residential developer/builder must obtain a permit and pay fees applicable to billboards. Renewal of a permit for a residential developer/builder owned and operated billboard shall be twenty-five dollars ($25.00).
[LEFT](Ord. No. 62653, § 30, 4-3-86)[/LEFT]
Editor's note—Ord. No. 62653, § 30, adopted April 3, 1986, amended Ch. 28, Art. IV, Div. 2 by the addition of provisions which have been designated at the discretion of the editor as § 28-148.
Sec. 28-149. - Registration of existing billboards.
[LEFT]Not later than the one hundred eightieth (180th) day after the effective date of this section, each operator or owner of a billboard erected pursuant to a permit issued prior to the effective date of this section, shall either remove the billboard at his expense or register the billboard with the director. The operator or owner must pay an annual inspection fee as provided in section 28-94, "Fees," for each registered sign. The annual inspection fee is payable within thirty (30) days after the beginning of each fiscal year. Failure to register a billboard or pay the annual inspection fee within the prescribed time period shall be considered a violation.
(Ord. No. 62653, § 31, 4-3-86)[/LEFT]
Editor's note—Ord. No. 62653, § 31, adopted April 3, 1986, amended Ch. 28, Art. IV, Div. 2 by the addition of provisions which have been designated at the discretion of the editor as § 28-149.
Sec. 28-150. - Billboards in ETJ.
(a)
Notwithstanding spacing requirements set forth in section 28-136, billboards erected in the ETJ pursuant to a relocation permit shall adhere to the following spacing requirements:
(1)
On interstates, freeways and expressway systems, billboards up to six hundred seventy-two (672) square feet shall not be closer than one thousand five hundred (1,500) feet along one side of the roadway.
(2)
On primary and secondary arterial streets, billboards up to three hundred ninety-nine (399) square feet shall not be closer to any other billboard than one thousand (1,000) feet along one side of the roadway; on secondary arterial streets, billboards ninety-nine (99) square feet and less shall not be erected closer than seven hundred fifty (750) feet along one side of the roadway.
(3)
On collector and local access streets, billboards ninety-nine (99) square feet and less shall not be erected closer than seven hundred fifty (750) feet along one side of the roadway.
(b)
Residential developer/builder owned and operated billboards erected in the ETJ shall adhere to the spacing requirements set forth in subsection (a) above and to the requirements of subsection (c)(3) but not (c)(1) and (2) below.
(c)
In addition to the provisions of this chapter, no billboards shall be erected in the ETJ unless:
(1)
Such billboard is located within eight hundred (800) feet of at least two (2) adjacent recognized commercial or industrial activities located on the same side of the roadway;
(2)
Such sign is located at least five hundred (500) feet, as measured along one side of the road, from any structure which is exclusively used by one or more human beings for residential purposes; provided, however, that this requirement shall not apply to hotels, motels, or trailer parks which provide overnight parking only.
(3)
Residential developer/builder billboards are located within one thousand eight hundred (1,800) feet of at least two (2) adjacent recognized commercial or industrial activities located on the same side of the roadway.
[LEFT](Ord. No. 62654, § 3, 4-3-86)[/LEFT]
Editor's note—Ord. No. 62654, § 3, adopted April 3, 1986, amended Ch. 28, Art. IV, Div. 2 by the addition of provisions which have been designated at the discretion of the editor as § 28-150.
Sec. 28-151. - Governmental action.
Notwithstanding section 28-97(e) and (f), a legally erected billboard may be relocated on the same site due to governmental action or eminent domain proceedings on a one-for-one basis (if the sign is nonconforming under the zoning ordinance, it shall continue to retain nonconforming status) in accordance with the following stipulations: (1)
A permit shall be obtained by a licensed billboard operator prior to removal of the billboard. Said permit shall not be referred to the board for approval. A billboard removed pursuant to this section shall not be credited to the two-for-one requirement for relocation permits provided in section 28-97(e). A permit issued pursuant to this section shall not affect the monthly limitation on square feet for advertisement display area per billboard company under section 28-97(e).
(2)
A billboard relocated pursuant to this section shall comply with all construction, height, setback and other regulations set forth in this chapter unless specifically indicated otherwise in this section;
(3)
A billboard relocated pursuant to this section shall be relocated to a site as perpendicular to the public right-of-way as practicable, such site to be approved by the director or his designated representative prior to removal of the billboard;
(4)
The size of the sign face of a billboard relocated pursuant to this section shall not exceed the size of the sign face of the removed billboard.
[LEFT](Ord. No. 63490, § 1, 8-21-86)[/LEFT]
Sec. 28-152. - Signs on roads and highways maintained by the city.
(a)
No person may place a sign on the public right-of-way of a road or highway maintained by the city.
(b)
Temporary weekend signs are permitted to be placed on the right-of-way of a road or highway maintained by the city provided that the following regulation of time, place, and manner are observed and appropriate fees have been paid.
(1)
Schedule: Temporary weekend signs are permitted from Friday until no later than 9:00 p.m. the following Monday. If a federally recognized holiday falls on a Friday, then the signs are permitted from the preceding Thursday until no later than 9:00 p.m. the following Monday. If a federally recognized holiday falls on a Monday, then signs are permitted from Friday until no later than 9:00 p.m. the following Tuesday. Signs may not be either placed or picked up between the hours from 6:00 a.m. to 9:00 a.m. or from 4:00 p.m. to 7:00 p.m. on weekdays.
(2)
Size: Signs shall not exceed twenty-four (24) inches by thirty-two (32) inches in size. Irregular shaped signs shall fit in a twenty-four (24) inches by thirty-two (32) rectangle. The total height of the sign may not exceed three (3) feet above the ground measured from the base of the sign. Signs may be two-dimensional only and shall have a non-reflective surface.
(3)
Spacing between signs:
a.
A minimum of five (5) feet must be maintained between each temporary weekend sign of different advertisers.
b.
The signs of each advertiser must be spaced so that no two (2) signs advertising the same good, service, business, political campaign, or particular piece of real property (for sale or lease), are closer than two hundred (200) feet from each other measured in a straight line. If a new residential subdivision or development is being advertised, no sign of any advertiser may be closer than two hundred (200) feet from any other sign of the same advertiser.
(4)
Sign location:
a.
Signs must be self supporting and placed into the ground by a single stake. No temporary weekend sign shall be permitted on a utility pole, street light pole, sign pole, fence, tree or other manmade or natural feature.
b.
No sign may be placed closer than twenty-five (25) feet from a street intersection or median opening. Any temporary weekend sign determined to be in a location that causes an immediate hazard to public safety may be immediately removed by the city.
c.
Signs shall be placed no closer than three (3) feet from the edge of the sign to the street curb or, if there is no curb, the edge of pavement. Signs shall not encroach on either the sidewalks or streets.
d.
No sign may be placed on any esplanade or island that is located between a road or highway or otherwise divides traffic.
e.
Except for political signs, no sign shall be placed further than three miles from the property, location, or business that is being advertised.
(5)
Registration, permits and fees:
a.
An annual permit fee of fifty dollars ($50.00) must be paid by each advertiser. Where an advertiser wishes to advertise multiple locations, a permit must be obtained for each business location subdivision location, or service location to be advertised by temporary weekend signs.
b.
Upon payment of said fee, the permittee may purchase annual temporary weekend registration decals. The cost of each decal shall be one dollar ($1.00). A temporary weekend sign shall not be placed on the right-of-way of a road or highway unless an annual temporary weekend decal is affixed on the face of the temporary weekend sign.
(6)
Map, listing, and state department of transportation approval:
a.
In addition to payment of the appropriate fees the advertiser shall provide a map and listing identifying the street and block number where each sign shall be placed.
b.
The department of building inspections shall submit the application for review by the Texas Department of Transportation to insure the location identified in the map and listing for sign placement is not within the state highway system. If the department of transportation fails to respond within ten (10) working days after receipt of plan, it shall be assumed that the site plan is conforming to state law.
[LEFT]Note: Application of section 28-152(b)(6)b. is contingent on the state department of transportation's cooperation in providing such confirmation. The director of the planning and development services department may accept confirmation from another governmental agency where appropriate. [/LEFT]
(c)
Confiscation, notice, and public auction.
(1)
Any sign placed in violation of the provisions of this section is hereby declared a nuisance to the public health, safety and welfare and may be confiscated.
(2)
If the owner of a confiscated sign is known, he or she shall be notified by certified mail, return receipt requested, not later than the tenth (10th) day after the date of the confiscation. If the owner of the sign is not known, notice of the confiscation shall be published in a newspaper of general circulation in the county not later than the 10th day after the date of the confiscation.
(3)
A notice must:
a.
Include a description of the sign and the location from which the sign was confiscated;
b.
Include a statement that the owner may reclaim the sign before the twenty-first (21st) day after the date the notice was mailed or published if all fines that are imposed under this section are paid; and
c.
State the date, time, and location of the public auction where the sign will be sold if the sign is not reclaimed.
(4)
A notice by publication mad contain multiple listings of confiscated signs.
(5)
The city may sell a sign at public auction if, before the twenty-first (21st) day after the date notice was mailed or published, the sign has not been reclaimed. The city shall sell the sign to the highest bidder at the auction.
(6)
The city shall remit the proceeds of an auction under section 28-192(c)(6) to the general fund.
(d)
Exemption from notice requirements.
(1)
City council hereby determines that any sign that is of similar size as a temporary weekend sign is unlikely to be reclaimed if confiscated.
(2)
Such signs are exempt from the notice requirements of section 28-152(c).
(3)
Such signs shall be held for twenty-one (21) days after the date of confiscation and shall be made available for reclamation by the owner. After that period, the sign(s) may be discarded. Before reclamation, the owner shall pay five dollars ($5.00) per sign for storage and administrative costs.
(e)
Placement of unauthorized sign: Criminal offense, penalty. This subsection may be enforced by the departments of building inspections, police, or other departments designated by the city manager against any violator of any provision of this section who is not a holder of a valid annual temporary sign permit.
(1)
A person commits an offense if the person places a sign on the public right-of-way of a road or highway maintained by the city in violation of this section. The presence of a sign in the public right-of-way creates a rebuttable presumption that the person named on such sign is the person responsible for the placement of such sign. If more than one person is named on a sign, there is rebuttable presumption that each person is individually and severally responsible for the placement of such sign.
(2)
There shall be a rebuttable presumption that the person in whose name a telephone number displayed on the sign is listed with the telephone company is the person responsible for the placement of such sign.
(3)
An offense under this section is punishable as follows:
a.
First offense by a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00);
b.
Second offense by a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00); or
c.
Third offense or thereafter by a fine of not less than three hundred dollars ($300.00) and more than five hundred dollars ($500.00).
(f)
Defense.
(1)
It is a defense to prosecution under this section that:
a.
The sign is placed on the right-of-way of a road or highway maintained by the city by a person other than the defendant; and
b.
Without the knowledge of the defendant.
(g)
Administrative penalties. The director of the planning and development services department shall apply the administrative procedures prescribed in this subsection, rather than bring criminal charges, where the alleged violation of any provision of this section is by the holder of a valid annual temporary sign permit.
(1)
The penalty the director shall impose against any permit holder who has been found to violate a provision of this section shall be as follows:
a.
First violation: A written warning shall be given.
b.
Second violation: Revocation of permit and require double fee for new permit.
c.
Third violation: Revocation of permit and require double fee for new permit; said permit shall not be issued until one hundred twenty (120) days has passed from the date of revocation.
d.
Fourth violation and thereafter: revocation of permit and require double fee for new permit; said permit shall not be issued until three hundred sixty-five (365) days has passed from the date of revocation.
(2)
The director of the planning and development services department shall make his determination based on the submission of a written report submitted by the city employee (the "accuser") alleging a violation has occurred by the accused permit holder (the "accused").
a.
The accuser shall submit a copy of the written report to the director (and the accused, by certified mail, return receipt requested) not later than thirty (30) days from the date of flee alleged violation. Exhibits such as city records and photographs may be attached to the report.
b.
Within ten (10) days of receipt of the report the accused may submit a written response. Three copies of the response shall be mailed to the director (certified mail, return receipt requested). Exhibits may be attached to the response. The accused may in lieu of, or along with, the response request to appear before the director to present evidence in response to the charge or charges asserted. If a hearing is requested, the director shall set the matter for a public hearing and notify the accused by certified mail, return receipt requested. The notice shall provide the accused with the time, date and location of the hearing and be received by the accused at least five (5) days prior to the date of the hearing.
c.
If the accused does not request a hearing, the director shall make a determination within thirty (30) days of receipt of the initial report by the accuser. If the accused requests a hearing, the director shall make a determination within forty-five (45) days of receipt of the request for the hearing; but, in no instance, shall a determination of true be made before the hearing is conducted The determination shall be based solely on the report, response, exhibits, and oral presentation, if applicable. The director shall make a determination that the allegation is true or not true. To determine that an allegation is true, the director must find by a preponderance of the evidence that the allegation made is true and constitutes a violation of this section.
d.
Before the expiration of the applicable time periods referenced immediately above, the director shall send by certified mail, return receipt requested written confirmation of his determination. If such determination is not sent within the prescribed time limit, the allegation will be assumed to be not true.
e.
The time periods prescribed in this subsection may be waived only by the written consent of the director and the accused.
(3)
If the director determines an allegation to be true, the accused may appeal to city council.
a.
The request for appeal must be submitted to the city clerk, by registered mail, return receipt requested, within ten (10) days of receipt of the director's determination.
b.
The city clerk shall place the appeal on the first available regularly scheduled meeting of the city council. The clerk shall forward copies of the report, the response, and any exhibits to each member of the city council.
c.
The director of the planning and development services department' determination shall stand unless a motion to reverse the decision is made, seconded and received a majority vote of the council members present at the hearing.
d.
After hearing the appeal, city council may defer action for thirty (30) days. If the council fails to take action before the expiration of thirty (30) days after the appeal is heard, the decision of director shall stand.
(h)
Section not applicable to federal, state or local governments. This section is not applicable to any sign placed in the right-of-way of the city by, or at the direction of the federal, state or local government.
(i)
Permission of abutting property owners necessary. Nothing in this section authorizes the placement of signage contrary to existing property law. The advertiser must secure all necessary permission of any and all parties having a property interest in the right-of-way prior to placing any temporary weekend sign.
(j)
Provisions not severable.
(1)
If any provision of this section is found to be in violation of either the federal or state constitution or other applicable law by a court of competent jurisdiction, then this section is repealed in its entirety and the regulation of signage in the right-of-way shall thereafter be controlled by Texas Transportation Code § 393.001 et seq.
[LEFT](Ord. No. 87156, § 2, 12-18-97; Ord. No. 87849, § 1, 5-21-98; Ord. No. 91129, § 1, 1-13-00; Ord. No. 93110, §§ 1, 2, 12-14-00; Ord. No. 2006-05-11-0573, § 5, 5-11-06; Ord. No. 2006-06-08-0700, § 1, 6-8-06; Ord. No. 2007-12-06-1247, § 2, 12-6-07; Ord. No. 2009-01-29-0071, § 3, 1-29-09) [/LEFT]
Sec. 28-153. - Bandit signs.
(a)
Bandit signs are hereby declared to be abandoned trash at the time of posting and may be removed and discarded without notice notwithstanding any conflicting regulation or requirement within this chapter.
(b)
Any citizen removing a bandit sign or other sign in the public right of way shall do so at his or her own risk, and neither the city nor any public utility exercising control of the right-of-way, pole or fixture shall be liable for damage, loss or injury due to such independent acts.
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Found Dog
