08-A Sign Ordinance Amendments
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS AMENDING SECTIONS 28-1, DEFINITIONS, SECTION 28-21,
REMOVAL OF SIGNS BY CITY, AND ADOPTING A NEW SECTION
28-24, DIGITAL OR ELECTRONIC SIGNS, TO CHAPTER 28, SIGNS
AND BILLBOARDS, OF THE CODE OF ORDINANCES OF THE CITY
OF PARIS, TEXAS; PROVIDING NEW DEFINITIONS AND
REGULATIONS FOR DIGITAL OR ELECTRONIC SIGNS AND
CLARIFYING THE PROCEDURE FOR REMOVING AND DISPOSING
OF ILLEGAL SIGNS PLACED IN THE PUBLIC RIGHT-OF-WAY;
LIFTING THE MORATORIUM ON THE ISSUANCE OF PERMITS FOR
THE CONSTRUCTION, RECONSTRUCTION, AND PLACEMENT OF
DIGITAL OR ELECTRONIC SIGNS WITHIN THE CITY OF PARIS;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A PENALTY CLAUSE, REPEALER CLAUSE,
SEVERABILITY CLAUSE AND SA VINGS CLAUSE; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas, finds and detennines that the sign
regulations of the City of Paris, as contained in Chapter 28 of the Code of Ordinances were originally
codified in 1970 and have not been substantially reviewed or revised since 1986; and,
WHEREAS, due to continuing growth and development in the City of Paris, changes in federal
and state laws applicable to sign regulations and changes in the advertising and sign industry, the City
Council has detennined that it is necessary to review, study, revise and update the City's sign regulations
as they apply to digital and electronic signs; and
WHEREAS, since the City's sign ordinance was last updated, technology has advanced
considerably in the area of digital and electronic signs, and the City's ordinance provides little or no
guidance or rules pertaining to digital or electronic signs; further, due to the ability of electronic signs to
change the size, type, color and presentation of their message at varying speeds, electronic signs can be
more distracting to the general public and potentially more dangerous to the public safety as they distract
the attention of motor vehicle operators as they are driving on the public roadways; and
WHEREAS, the City Council of City of Paris did heretofore, on the 14th day of May,
2007 enact Ordinance No. 2007-010 imposing a one hundred twenty (120) day moratorium on
the issuance of permits for the construction, reconstruction, and placement of billboard signs,
electronic signs and off-premises signs within the city limits of the city of Paris, Texas; and,
WHEREAS, on August 27, 2007, the City Council of the City of Paris enacted
Ordinance No. 2007-021, extending the moratorium on the issuance of permits for the
construction, reconstruction, and placement of billboard signs, electronic signs and off-premises
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signs within the city limits of the city of Paris, Texas for a period of thirty (30) days from and
after September 14,2007; and,
"WHEREAS, the City Council Task Force on Code Enforcement did heretofore, on the
6th day of September, 2007, review proposed changes to the Sign Ordinance as the same relates
to digital and electronic signs and has recommended the adoption of the provisions found herein;
and,
WHEREAS, it is therefore deemed appropriate that Chapter 28 of the Code of the
Ordinances of the City of Paris, known as the Sign Ordinance, be amended as recommended by
said Task Force and that the moratorium on electronic signs be lifted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Section 28-1 of the Code of Ordinances of the City of Paris, Texas, be,
and the same is hereby, amended so that such shall read as follows:
"Sec. 28-1. Definitions.
For the purposes of this chapter, the following words and phrases shall
have the meanings respectively ascribed:
Animated sign is a sign employing visible moving parts or the changing of colors.
Digital or Electronic sign is a sign that consists of lights, light emitting diodes
("LED"), or other form of illumination that displays a message or picture.
Flashing sign is a sign or part of a sign that contains units which cause such sign
or part thereof to appear to flash or blink. Flashing signs shall not include running
light signs, twinkle signs, or those signs having only one (1) on-off cycle in any
period exceeding fifteen (15) seconds.
"
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Section 3. That Section 28-21 of the Code of Ordinances of the City of Paris, Texas, be,
and the same is hereby, amended so that such shall read as follows:
""Sec. 28-21. Nonconforming signs; maintenance of existing signs; removal of
signs by city.
(c) Removal of unlawful signs. All of the following signs shall be
considered a public nuisance and are prohibited and, upon written notification by
the inspections division, may be removed from the premises. Said notification
shall state that if the sign is not removed within the same day or next working day
if received on a weekend day of said notification, a citation may be issued. The
following signs shall be governed hereby:
(3) Any sign erected in or over a public right-of-way, either
prior to or after the adoption of this chapter, except those in
the downtown historic district, as such is defined in the
Zoning Ordinance No. 1710. Such signs may be removed
and disposed of as specified in subsections (d) and (g)
hereof.
(d) Removal of hazardous signs. The following signs are a public hazard
and can be removed 'Yithout notice by the City:
(3) Any sign placed within a public right-of-way or on
City-owned property in violation of this Article.
(g) Disposal of impounded signs. Signs not recovered within 15 days
after written notification may be disposed of by the City in any manner it shall
elect. Unlawful signs removed from public property, including public
rights-of-way, park property, or other City-maintained areas may be immediately
disposed of by the City in any manner it shall elect."
Section 4. That a new Section 28-24 of the Code of Ordinances of the City of Paris,
Texas, be, and the same is hereby, added so that such shall read as follows:
"Sec. 28-24. Digital or Electronic Signs.
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A Digital or Electronic sign, that meets all other requirements of the City's
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be located in a nonresidential zoning district and on certain school or church
property in any zoning district, subject to the following restrictions:
(1) No digital or electronic sign shall be illuminated to an intensity
which causes glare or brightness to a degree that could constitute a
hazard or nuisance to motor vehicle operators on public roadways.
(2) The message or picture conveyed by the digital or
electronic sign shall not blink, flash or run; the message or
picture conveyed shall remain static and shall not change
more frequently than once every fifteen (15) seconds.
(3) Digital or Electronic signs conveying only time and
temperature information shall remain static "and shall not
change more frequently than once every three (3) seconds.
(4) All digital electronic sign faces shall be limited to a
maximum of 32 square feet in area or the maximum size of
the type of permanent sign on which the face is placed,
whichever is less.
(5) Digital or Electronic signs may not employ lights colored
and/or arranged similarly to those used in traffic control and
emergency devices. Such colors shall include by way of
example but not limitation, red, amber, green and blue.
(6) Digital or Electronic signs are prohibited in historic
districts and shall not face historic districts or residentially
zoned districts within the City of Paris."
(7) All Digital or Electronic signs shall be equipped with an
automatic dimmer device.
(8) All power to a Digital or Electronic sign shall be supplied
via underground carrier, inside approved conduit, and shall
be installed in accordance with City electrical requirements.
Section S. That the moratorium on the issuance of permits for the construction,
reconstruction, and placement of digital or electronic signs within the city limits of the City of
Paris, Texas, enacted by Ordinance No. 2007-021, be, and the same is hereby, lifted.
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Section 6. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in contlict with the provisions of this ordinance shall remain
in full force and effect.
Section 7. That the terms and provisions of this ordinance are hereby declared to be
severable, and any finding of illegality or unconstitutionality as to any provisions hereof, shall
not affect the continued enforceability of the remaining provisions of this ordinance.
Section 8. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending under
or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty
accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any ordinance at the time of passage of this ordinance.
Section 9. That any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor and, upon conviction, shall be fined in accordance with the provisions
of Section 1-6 of the City Code of Ordinances, and each and every day's continuance of any
violation of the above-enumerated sections shall constitute and be deemed a separate offense.
Section 10. That nothing herein is intended to cause the City of Paris to pay
compensation for the relocation, reconstruction, or the removal of a sign pursuant to Chapter
216, Texas Local Government Code, and any interpretation or application of this ordinance
which would obligate the City to pay such compensation shall be null and void.
Section 11. That this ordinance shall be effective from and after its date of passage and
publication as required by law.
PASSED AND ADOPTED this 8th day of October, 2007.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
w. Kent McDyar, City Attorney
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