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ORDINANCE NO. O-2016-126SIGNAGE ORDINANCE

AN ORDINANCE OF THE CITY OF STAGECOACH, TEXAS, ESTABLISHING REGULATIONS FOR ALL SIGNAGE WITHIN THE CITY LIMITS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF.

WHEREAS, sign regulations are established for the purpose of setting standards intended to preserve natural beauty, property values, and community appearance, and to avoid visual clutter. It is the purpose of these regulations to protect property valueswithin the City of Stagecoach and to enhance the beauty of the City. In addition, it is the intent of the City to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety.

WHEREAS, it is the stated purpose of the City Council to provide minimum standards to safeguard life, health, property, and public welfare, to promote traffic safety, and to enhance overall property values and the visual environment in the City by discouraging signs which contribute to the visual clutter of the streetscape and to discourage signs which cause a traffic hazard or interfere with ingress and egress.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STAGECOACH, TEXAS:

SECTION ONE. PERMITTED SIGNS. The following signs are permitted as defined:

1. Special Event Signs: A temporary stake sign used to advertise a special event occurring in the City limits such as a graduation, a bridal or baby shower, a birthday party, etc. Special Event Signs shall not be allowed on any utility, light, traffic signal, street sign, entry sign, or sign pole. No more than four (4) off-site Special Event Signs may be posted in the City limits for each event. Off-site signs are signs placed at locations in the City other than the property where the event is taking place. Special Event Signs may not exceed four hundred thirty-two (432) square inches in size (e.g., 18 inches x 24 inches) and shall not exceed three (3) feet in height. Special Event Signs cannot be erected prior to forty-eight (48) hours before the scheduled event and must be removed within twenty-four (24) hours following the event. Special Event Signs shall not be illuminated. A minimum period of thirty (30) days shall elapse between the removal and replacement of such signs.

2. Garage Sale Signs: A temporary stake sign used to advertise a garage sale, yard sale, patio sale, or estate sale at an occupied residential property. Garage

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Sale Signs shall not be allowed on any utility, light, traffic signal, street sign, entry sign, or sign pole. No more than four (4) off-site Garage Sale Signs may be posted in the City limits for each garage sale. Garage Sale Signs may not exceed four hundred thirty-two (432) square inches in size (e.g., 18 inches x 24 inches)and shall not exceed three (3) feet in height. Garage Sale Signs signs may be posted between noon on Thursday and noon on Monday or on any legal holiday. Garage Sale Signs shall not be illuminated. A minimum period of thirty (30) days shall elapse between the removal and replacement of such signs.

3. Civic Club Event Signs: A temporary stake sign used to convey information regarding meetings, announcements, and other Civic Club-related events to residents in the City. Signs must not exceed nine (9) square feet in area. Such signs shall be allowed for a period of seven (7) days prior to the first day of the event and shall be removed within twenty-four (24) hours following the last day of the event. Civic Club Event Signs may be placed at the entrances to the City, at the parks owned by the Civic Club, and on private property with the permission of the property owner.

4. Political Campaign Signs: A sign that relates to the election of a person to a public office, relates to a political party, relates to a matter to be voted upon at an election called by a public body, or contains primarily a political message. Political campaign signs must comply with the laws of the State of Texas pertaining to such signs. It is illegal to place any signs on or within the right-of-way. This includes posting signs on trees, telephone poles, traffic signs, or other objects in the right-of-way. Campaign signs can be placed on private property with the owner’s permission. Signs must be of lightweight material and be no larger than 50 square feet. Campaign signs may be posted no earlier than 90 days before an election and must be removed within ten (10) days after the election.

5. Real Estate Signs: An on-site, temporary stake sign used to advertise a home or residential property for sale, for rent, or for lease. Only one double-faced Real Estate Sign may be placed on each lot or tract of land that is for sale, for rent, or for lease, except for properties bordering more than one street which properties may have a Real Estate Sign on each street. The Real Estate Sign shall be placed on the property offered for sale or rental. The area of the Real Estate Sign shall not exceed six (6) square feet, and shall not exceed four (4) feet in overall height. A Real Estate Sign shall not be illuminated. Any such sign shall be removed within five (5) days after the closing date of a sale of the property or the execution of a lease or rental agreement on the property to which such sign pertains.

6. Open House Signs: A temporary stake sign used to advertise the name of a realtor or homeowner, phone number, date, open house address, and/or time of a residential open house. Open House Signs shall not be allowed on any utility, light, traffic signal, street sign, entry sign, or sign pole. No more than four (4) off-

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site Open House Signs may be posted in the City limits for each open house. On-site Open House Signs shall not exceed six (6) square feet and shall not exceed four (4) feet in height. Off-site Open House Signs may not exceed four hundred thirty-two (432) square inches in size (e.g., 18 inches x 24 inches) and shall not exceed three (3) feet in height. Open House Signs cannot be erected prior to forty-eight (48) hours before the open house and must be removed within twenty-four (24) hours following the open house. Open House Signs shall not be illuminated.

7. Official Political Entity Signs: Signs may be placed by the City of Stagecoach, Montgomery County, Magnolia or Tomball Independent School Districts, the State of Texas or other political subdivions thereof.

8. Public Service/Utility Signs Required By Law: Signs may be placed by public service companies, pipeline companies, or utility companies as required by law or regulation.

9. Signs Containing Non-Commercial Messages: Signs may be placed on private property for “non-commercial messages” such as civic, religious, seasonal, residential, or personal messages, and security systems. Such signs must be smaller than eight (8) square feet and must be placed no closer than ten (10) linear feet from the edge of the road.

10.Residential Address Signs: Every residence within the City must have the residence’s numerical address displayed so as to be plainly legible from the street. Numerical residential address signs placed on buildings, mail boxes, posts, or curbs will not be subject to the ten (10) linear feet setback from the edge of the road.

11.Lost and Found Signs: A temporary stake sign used to advertise a lost or found pet. Lost and Found Signs shall not be allowed on any utility, light, traffic signal, street sign, entry sign, or sign pole. No more than four (4) Lost and Found Signs may be posted in the City limits for each pet. Lost and Found Signs may not exceed four hundred thirty-two (432) square inches in size (e.g., 18 inches x 24 inches) and shall not exceed three (3) feet in height. Lost and Found Signs shall not be illuminated. Lost and Found Signs may be posted for a period not to exceed thirty (30) days.

SECTION TWO. PROHIBITED SIGNS. Signs not specifically allowed by this Ordinance are prohibited, including, but not limited to the following:

1. Signs which could obstruct any emergency services or escape from a building;

2. Signs which could obstruct the visibilty of traffic or roads, or any official sign;3. Signs which constitute a hazard to pedestrian or vehicular traffic;

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4. Signs which advertise or direct attention to a commercial enterprise, commodity, or service;

5. Signs which, according to prevailing community standards, contain statements, words, or pictures of an obscene, indecent, or immoral character;

6. Signs which make use of any word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse vehicular traffic;

7. Unofficial signs which resemble official traffic control signs, signals, or devices;

8. Inflatable signs, roof signs, moving, rotating, and/or flashing signs;9. Signs attached to light poles, utility poles, traffic control poles, trees, street

signs and entry signs; and10. Signs located on private property without the written consent of the property

owner.

SECTION THREE. ENFORCEMENT.

Any sign that is in violation of this Ordinance may be legally removed by a City officer, employee, official, or other City-authorized person. If a sign is placed within a public right-of-way or on City-owned property in violation of this Ordinance, the sign may be immediately removed and impounded. Impounded signs may be recovered by the owner within fifteen (15) days from the date of impoundment by paying a fee of $200.00. Impounded signs not recovered within fifteen (15) days of impoundment may be disposed of by the City in any manner it shall elect. Prohibited Signs removed from public property, including the City's right-of-way, may be disposed of by the City in any manner it shall elect.

SECTION FOUR. PENALTIES

A person who violates a provision of this Ordinance is guilty of a misdemeanor which is punishable by a fine not less than $1.00 and not to exceed $500.00. Each occurrence of a violation, or, in the case of continuous violations, each day a violation occurs or continues, constitutes a separate offense and may be punished separately.

SECTION FIVE. REPEAL OF CONFLICTING ORDINANCES

All other ordinances or parts of ordinances conflicting with any of the provisions of this Ordinance are hereby repealed. Ordinance No. O-126-07 is hereby repealed.

SECTION SIX. SEVERABILITY

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,