§ 28-75. Temporary signs on public right-of-way and city public property.

(a)

In general. Temporary sign placement for city public right-of-way and city public property only as authorized by law, including underlying zoning district and use requirements. This does not allow placement on the state highway system or a scenic or urban corridor. It is a rebuttable presumption that any are within fifteen (15) feet of the edge of the paved portion of a road or highway maintained by the city is public right-of-way.

(1)

Government placement. Signs placed or authorized in writing to be placed on public property or on/over the street right-of-way by, or at the direction of the federal, state or local government is permitted and an affirmative defense to prosecution only for the time and the location specified in such written permission.

(2)

Restrictions on otherwise allowable temporary placement. No signs shall be erected on or over city public property in a manner which interferes or has the potential to interfere, at the director's reasonable discretion, with any fire hydrant, traffic light, fire alarm box or street light. Similarly, signs shall not be erected in any location where, by reason of traffic conditions, fire, or explosion hazards, the sign would imperil public safety or hamper the functions of the fire department.

(b)

Temporary placement on city public street right-of-way. Off premises signs are only permitted to be placed on the city right-of-way of a road or highway maintained by the city provided that the following regulations are observed and required fees have been paid.

(1)

Schedule. Off premises 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 six (6) square feet in size. Irregular shaped signs shall fit in a 24-inch by 36-inch rectangle, square or circle. The total height of the sign may not exceed three (3) feet above the ground measured from the base of the sign support structure. 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 off premises 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 one (1) to two (2) stakes. No off premises sign is permitted on a utility pole, street light pole, sign pole, fence, tree or other manmade or natural feature unless authorized under this section.

b.

No sign may be placed closer than twenty-five (25) feet from a street intersection or median opening. Any off premises 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.

Placement limitation. Three (3) miles or less from the property, location, or business being advertised. Additionally, placement depends on the underlying zoning district and use classification:

• Public ROW in residential zoning districts or use—Commercial and noncommercial speech are authorized.

• Public ROW in non-residential zoning districts or use—Commercial and noncommercial speech are authorized.

(5)

Registration, permits and fees. See article V, Fee schedule.

a.

An advertiser is required to register with the department and post a permit decal on each temporary sign to be placed. Each advertiser shall pay a registration fee as well as a permit decal fee. The first two (2) permit decals shall be included in any registration fee.

Commentary: Registration includes, but is not limited to, any event, such as a garage sale, peddlers sign, or carnival.

b.

Where an advertiser wishes to advertise multiple locations, a permit decal must be obtained for each business location subdivision location, or service location to be advertised by off premises signs.

c.

An off premises sign will not be placed on the right-of-way of a road or highway unless an off premises permit decal is affixed on the face of the off premises sign.

Commentary: Registration and decals are required on any temporary sign placed in the right-of-way.

(6)

Map and listing required. 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 including another governmental agency.

(7)

Permission of abutting property owners is required. Nothing in this division 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 off premises sign.

(c)

Temporary placement over and across city public right-of-way.

(1)

Banner signs projecting over and across public street rights-of-way are limited to noncommercial speech and such placement is authorized solely in locations approved and utilized prior to the date of this chapter enactment.

(2)

No part of the banner sign shall be closer to the street grade than fourteen and one-half (14½) feet.

(3)

The sign erector shall certify in writing that the sign will not interfere with public safety. Banner signs shall be constructed of durable cloth and standard sign hooks, lag screws or expansion bolts and shields shall be used where required to support the sign. Construction materials are limited to flexible natural or synthetic fabric or membrane and prohibit solid materials which might damage, injure or otherwise endanger vehicles or persons below in the event of a collapse.

(4)

Maximum of ninety (90) days.

(d)

Temporary placement on city roadways.

(1)

Mobile signs: Signs in transit.

a.

Generally. It shall be unlawful to carry or transport by any means, or cause to be so carried or transported, any sign in excess of thirty-two (32) square feet in area, without the approval of the director of the development services department. This provision shall not apply to a sign on a vehicle which is used principally for a purpose other than advertising.

Commentary. Commercial vehicles which have the business's name, logo, slogan or license number painted on them are primarily means of transportation, not an advertising medium. Therefore, the provisions of subsection (a) do not apply to the automobile, truck, or van per se.

b.

Vehicles used principally for commercial advertising must comply with applicable off-premises sign requirements.

(2)

Mobile signs: Stationary. Mobile signs no longer in transit and stationary must meet temporary placement requirements for the specific zoning district in which it is located. A failure to meet this requirement is a violation of this chapter. For purposes of classification as stationary, a mobile sign must be stationary for at least twenty-four (24) hours. This provision shall not apply to stationary vehicles at their own place of business.

(3)

Portable sign.

In general. It is unlawful to intentionally place or display, or cause to be placed or displayed, any portable sign on any premises or be utilized in connection with a mobile sign in transit for the purpose of commercial advertising.

Exception. A portable sign may be placed or displayed at a properly zoned storage area of one properly licensed under this chapter provided such placement was prior to September 22, 1985 and it has been granted nonconforming rights through the process required in Ordinance No. 62652. Portable signs must conform to regulations for on-premises signage.

Commentary. The law under Ordinance No. 62652 required portable signs to be registered within one hundred eighty (180) days of enactment by mid-1986. Any portable sign not meeting this requirement may not be placed or displayed.

(e)

Temporary placement on public property.

(1)

The temporary display of an on-premises sign and/or an on-premises digital display, as they are defined in section 28-6, is permitted on public property for a permitted event for a maximum of thirty (30) days per event per calendar quarter. The temporary on-premises display must:

a.

Be erected in the area specified in the permit for the event;

b.

Be erected only for the period specified in the permit for the use of the public property;

c.

Only contain an on-premises message related to the specific event;

d.

Be permitted by the department exercising control of the public property; and

e.

Be permitted by the development services department if required by this chapter;

(2)

Notwithstanding subsection (1) above, on-premises digital displays shall not be authorized for events located in Alamo Plaza Park or in the Riverwalk Area.

(3)

On-premises signs and/or on-premises digital displays shall be authorized for events hosted in Main Plaza, provided such events are permitted events approved by a Texas non-profit corporation managing Main Plaza under a management agreement approved by the city council.

(4)

City department work programs such as "Movies in the Park", are authorized on-premises signs or on-premises digital displays on public property and are exempt from the permit requirements of this section.

(5)

The event may only be simulcast from the permitted area to another area on public property permitted for the event or may only be simulcast from the permitted area to private property.

(6)

This section does not apply to public art.

(7)

To the extent that this section is in conflict with any other provision of the City Code, this section prevails or supersedes the provision in conflict.

(8)

Nothing herein shall act as a limitation on city council's authority to authorize on-premises signs or on-premises digital displays for specific events.

(9)

Only: 1) on-premises commercial speech, and 2) noncommercial speech is authorized.

Commentary: On-premises commercial, it is authorized only at permitted event in restricted areas. Advertising is classified as on-premises for that event.

(f)

Confiscation of bandit sign placed in right-of-way and public property.

(1)

Any bandit sign placed in violation of the provisions of this section by placement in right or way and public property is hereby declared a nuisance to the public health, safety and welfare and may be confiscated and disposed of immediately without notice.

(2)

Bandit signs are abandoned trash at the time of posting and may be removed and discarded without notice. Any citizen removing a bandit sign 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.

(g)

Placement of bandit sign—Criminal offense, penalty.

(1)

A person commits an offense if the person places a bandit sign in violation of this section. Legally placed temporary signs in all areas become bandit signs when they violate the terms of authorized placement. Placement of multiple bandit signs constitutes a separate and distinct violation for each sign.

(2)

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).

(3)

It is a defense to prosecution if:

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.

(h)

Placement of bandit sign—Administrative, penalty.

(1)

In addition to any civil penalties described in section 28-9 of this chapter, where the alleged violator of any provision of section 28-75, Temporary signs on public right-of-way and public property is the holder of a valid annual temporary sign permit, the director will follow administrative penalty provisions below, prior to application of criminal charges:

a.

First violation. A written warning shall be given.

b.

Second violation. Revocation of permit and require double fee for new permit and forwarding to administrative hearing officer—Minimum three hundred dollar ($300.00) civil penalty.

c.

Third violation. Revocation of permit and require double fee for new permit; said permit and any additional permits shall not be issued to the violator until one hundred twenty (120) days has passed from the date of revocation and forwarding to administrative hearing officer—Minimum five hundred dollar ($500.00) civil penalty.

(3)

The accused may appeal the revocation of the permit and the one hundred twenty (120) days hold on the ability to obtain temporary permits to the building related and fire codes appeals and advisory board.

a.

The request for appeal must be submitted to the development services department, by certified mail, return receipt requested, within seven (7) days of receipt of the director's determination. A failure to appeal within the prescribed period finalizes the director's determination.

b.

Appellate procedures follow this chapter and applicable provisions of chapter 10 of the City Code.

(Ord. No. 2017-05-04-0297 , § 1(Att. 1), 5-4-17)