Loading...
08-A Sign Ordinance Amendments DRAFT f:lttomeylonhl'orlc\cumJItl Odober4,2007 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 Page 1 of 5 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. " Page 2 of 5 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. Page 3 of 5 A Digital or Electronic sign, that meets all other requirements of the City's mgn (][ain~n~~, ~Unin! QrginilW ilg v,"w fV~~fl"V"i vi mv rif)' y[ fflflfl ~ffr 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. Page 4 of 5 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 Page 5 of 5