Ord 1396 04/11/2023 Signso cie
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ORDINANCE NO. 1396
AN ORDINANCE OF. THE CITY COUNCIL OF THE CITY. OF CIBOLO, TEXAS
AMENDING CHAPTER 58 — SIGNS TO FURTHER REGULATE ILLEGAL SIGNS AND
PROVIDE FOR ENFORCEMENT OF EXISTING SIGN REGULATIONS; PROVIDING
FOR UNLAWFUL ACTS AND EXEMPTIONS TO THE REGULATIONS; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALER, AND SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Council for the City .of Cibolo, .Texas ("City") acknowledges that Sec.
393.0. 025, Tex. Trans. Code, prohibits any person from placing.a sign on the right-of-way ("ROW")
of a road :or highway maintained by a municipality unless the placement is authorized by the
municipality; and.
WHEREAS, the City Council has determined that existing municipal regulations in Chapter 58 of
the City's Code. of Ordinances do not provide adequate enforcement mechanisms to ensure
compliance with state and local laws regarding the placement of signs in the public ROW; and
WHEREAS,. the City. Council finds that the amendments described herein are necessary and,
appropriate to establish adequate enforcement mechanisms to impose criminal and/or civil penalties,
as applicable, upon the party or parties that may be ultimately responsible for a violation of the City's
sign regulations; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cibolo, Texas that
the following regulations and provisions be adopted:
SECTION 1: Findings. The recitals are hereby found to be true and correct and are hereby
incorporated as part of this Ordinance.
SECTION 2: Amendments to Section 58-5. Section 58-5. Definitions, in Chapter 58 — Signs,
shall be amended to revise the definition. for the term "Responsible Party," which shall hereafter read
as follows (deletions marked with strike -through and additions underlined):
CHAPTER 58-5. — SIGNS.
Sec. 58-5. Definitions.:
Responsible parry. AU of the following shall be considered a responsible pgly, as applicable:
any entity (individual person, corporation, organization, etc.) whose product, service, activity
or enterprise is announced or advertised by a sign, or whose message is carried by a sign,
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includingoher persons or entities.acting on behalf of, at the direction of, mor to primarily benefit
said entity; the owner of the property upon which a sign is:located; and/or the. lessee/tenant of
the property upon which a sign is located. th6'ease_ of the prepe y, and/or- the e ner- a
sign.,
SECTION 3: Amendments to Seetion 58-18. Section 58-18. —.Enforcement, in Chapter 58 — Signs,
shall be .amended. and ' shall hereafter read as. follows (deletions marked with strike -through and
additions underlined):
CHAPTER 58-5. — SIGNS.
See. 58-5.
(a) Violations. Failure to comply with the provisions of this chapter shall constitute a violation
of the city Code. Each day a violation exists shall constitute a separate .violation and,
consequently, a: separate offense. Each responsible party may be charged�separately for a
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violation of this chapter and,- if convicted, be held individually liable for resulting civil
..and/or criminal penalties, as applicable and in accordance with other law.. The primary
beneficiary of any sign installed in violation" of this chapter is, until proven otherwise,
presumed to have authorized or caused the installation, use or maintenance of the sign in
violation of this chapter and may be charged with an offense under this section. -
(b) Penalties. Any person -or responsible partythat violates vielating any provision of this
chapter may be gui charged with a misdemeanor and shall; upon conviction, be
punished by a fine not to exceed $500.0.0. An offense under this section is a Class C.
misdemeanor.
(c) Civil remedies. The city manager may authorize the city attorney to -file an action in a court.
with appropriate jurisdiction to seek civil remedies to require the demolition of any sign at . .
the owner's expense which is dangerously. damaged or deteriorated. The action may include
a. claim .for civil penalties as provided by state law, including. recovery. of reasonable
attorney's fees..Civil remedies contained herein shall be construed to be in addition to the
power of the city to abate public nuisances.
'[All remaining provisions of City Code shall remain unchanged]
SECTION -4. Penal . It shall be unlawful to do or perform any act prohibited in this. ;Ordinance,
and it shall be unlawful to fail to do or perform any act required in this Ordinance. Any person
violating any of the provisions of this article shall, upon conviction, be deemed guilty of a Class C
misdemeanor, which shall be punishable by a fine of not more than Five Hundred Dollars ($500.00)
for each: offense.
SECTION 5. Severability. If any section, subsection, sentence, clause or phrase of this.ordinance
is for any reason held to be unconstitutional or illegal, such decision- shall not affect the validity, of
the remaining sections of this Ordinance. The City Council -hereby declares that it would have passed
this Ordinance, and each.:section, subsection, subsections, clauses, or phrase hereof, irrespective of
the -fact that. any one or more sections, subsections, sentences, clauses or phrases be declared void.
SECTION 6. Repealer and Savings. All resolutions or ordinances or parts thereof conflicting or.
inconsistent with the provisions of this ordinance as adopted and amended herein, are. hereby.
REPEALED to the extent of such conflict. In the event of a conflict or inconsistency between this
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ordinance and any other resolution, code or ordinance of the City, or parts thereof, the terms and
provisions of this ordinance shall govern.
SECTION 7. Effective Date. This Ordinance shall become. effective -only after_publication twice in
the newspaper designated as -the official newspaper of the City as required by Section 3.13 (3) of the
City Charter.
PASSEDAND APPROVED ON THIS DAY OF Nr, 2023.
Mark Allen.
Mayor,