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Sec. 21-11. - Exempt signs.#
The following signs shall be exempt from the provisions of this chapter: (1)
Official notices authorized by a court, public body or public safety official;
(2)
Governmental signs erected by the local jurisdiction, county, state or federal entity;
(3)
Directional, warning or information signs authorized by federal, state or municipal governments;
(4)
Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure;
(5)
The flag of a government or a noncommercial institution, such as a school;
(6)
Religious symbols and seasonal decorations within the appropriate public holiday season.
(Ord. No. 2021-04, § 1, 2-9-21)
Sec. 21-12. - Prohibited signs.#
The following devices and locations are specifically prohibited within the city limits and extraterritorial jurisdiction: (a)
Prohibited signs subject to criminal penalty pursuant to section 21-3 of this chapter are as follows:
(1)
Cloth, paper, soft plastic or similar advertising signs or devices other than in rigid frames as provided herein except those intended as temporary signs, or as provided by subsection (5) of this section.
(2)
Signs that blink, flash, or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance, as determined by the code official.
(3)
Portable signs except as allowed for temporary signs.
(4)
Any sign attached to, or placed on, a vehicle or trailer parked on public or private property. The prohibition of this section does not prohibit the identification of a firm or its principal products on a vehicle operating during the normal course of business or being taken home.
(5)
Pennants, banners and private flags bearing any logo, product name, business name or other advertising, and balloons, except those temporarily attached to automobiles or temporarily displayed as part of a special sale, promotion or community event. For the purposes of this section, "temporary" means no more than 60 days in any calendar year.
(6)
Billboards in any zone other than the I-1 and I-2 zoning districts.
(7)
Blimps, dirigibles or other large balloon-like devices filled with lighter than air gases utilized as signage.
(b)
Prohibited signs subject to criminal penalty pursuant to section 21-3 of this chapter and removal under this section are as follows:
(1)
Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
(2)
Except as provided for elsewhere in this section, signs encroaching upon or overhanging public rights-of-way. No sign shall be attached to any utility pole, light standard, street, tree or any other public facility located within the public right-of-way.
(3)
Signs placed on city-owned property without prior written authorization of the city council or the city manager. It is the expressed intention of city council that city-owned property not become a "public forum"; and therefore, signs expressing a political viewpoint or supporting or opposing a specific candidate shall be prohibited on city-owned property.
(c)
Summary removal of prohibited signs.
(1)
The city, without prior notice to the owner of the sign, may remove a sign that is placed or maintained in violation of section 21-12(b), above.
(2)
If the owner's identity and mailing address are displayed on the sign or are otherwise reasonably ascertainable, the city shall notify the owner in writing that the sign:
a.
Has been removed; and
b.
May be disposed of unless the owner claims the sign on or before the 10th day after the removal date.
(3)
If the owner of the sign does not claim the sign on or before the 10th day after the removal date, the city may dispose of the sign.
(Ord. No. 2021-04, § 1, 2-9-21; Ord. No. 2022-27, § 3, 4-26-22)
State Law reference— V.T.C.A. Transportation Code § 392.033