2007-039-ORD-Amending section 28-21, removal of signs by City, of Chapter 28, signs and billboards of the code of ordinances of the City of ParisORDINANCE N0. 2007-039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS AMENDING SECTION 28-21, REMOVAL OF SIGNS BY CITY,
OF CHAPTER 28, SIGNS AND BILLBOARDS OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS, TEXAS; PROVIDING NEW
REGULATIONS AND PROCEDURES FOR REMOVING AND
DISPOSING OF ILLEGAL SIGNS PLACED IN THE PUBLIC
RIGHT-OF-WAY; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; PROVIDING A PENALTY CLAUSE,
REPEALER CLAUSE, SEVERABILITY CLAUSE AND SAVINGS
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas, finds and determines 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 the proliferation of commercial and non-commercial signs being
placed illegally in the public right-of-way and on City-owned property, it has become necessary
to revise and update the City's regulations and procedures for removing and disposing of illegal
signs placed in the public right-of way; and
WHEREAS, the City Council Task Force on Code Enforcement did heretofore, on the
6th day of September, 2007, review these proposed ,changes to Sec. 28-21 of the City's the Sign
Ordinance and has recommended the adoption of the provisions contained herein; and,
WHEREAS, the City Council of the City of Paris hereby finds and determines that the
following amendments to Sec. 28-21, Removal of Signs by City, of Chapter 28, Signs and
Billboards, of the Coded of Ordinances of the City of Paris are in the best interests of the City of
Paris and its citizens and should be adopted.
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 28-21 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.
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(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 three (3) business days following
receipt of notification, the sign may be removed by the City, or its authorized
agent and/or a criminal citation may be issued to the owner or leaseholder of the
sign. 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 without 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 3. 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 conflict with the provisions of this ordinance shall remain
in full force and effect.
Section 4. 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.
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Section 5. 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 6. 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 section(s) shall constitute and be deemed a separate offense.
Section 7. 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 8. That this ordinance shall be effective from and after its date of passage and
publication as required by law.
PASSED AND ADOPTED this 8~' day of October, 2007.
J se James reelen, Mayor
ATTEST:
J
J ice Ellis, City Clerk
APPROVED AS TO FORM:
.
W. Kent Mc lyar, ity ttorney
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