§ 82-3. General.

(a)

All signs must be constructed in strict compliance with the city building code and all other federal, state and local laws pertaining thereto.

(b)

No sign shall be located in or project into the public right-of-way or public property unless specifically approved by the city council.

(c)

No sign shall be placed upon private property within the city without the express permission of the owner thereof.

(d)

Illuminated signs are generally permitted under this chapter unless specifically prohibited, subject to the following restrictions:

(1)

Signs which contain, include, or are illuminated by flashing, intermittent, or moving lights are prohibited, except where the message or intermittency shall be no less than five seconds in duration or meet the definition of an Electronic Message Center (EMC).

(2)

Lights on signs shall be effectively shielded as to prevent beams or rays of light from being directed in any portion of a traveled roadway if they are of such intensity or brilliance as to cause the glare or to impair the vision of the driver of any motor vehicle, or if they otherwise interfere with any driver's operation of a motor vehicle.

(3)

No sign shall be illuminated that interferes with the effectiveness of or obscures an official traffic sign, device or signal.

(4)

No illuminated sign shall be erected or displayed within 100 feet of a property zoned "SF-1" single family district, "SF-2" single family district, "D" duplex district, or "MH" manufactured housing district, unless the lighting is shielded from view of that property and the sign sheds only incidental indirect light on the property.

(e)

Pole or pylon signs over 25 feet in height above ground level shall be designed, and the plans sealed by an architect or engineer licensed by the State of Texas, certifying their safety and compliance with applicable laws and codes. Pole sign structures shall be constructed of steel or other approved non-combustible material.

(f)

All signs, including supports, braces and anchors, shall be kept in good repair and neat appearance. The face or display surface of all signs shall be kept neatly posted or painted at all times. Removable panels shall be free of cracks, breaks, holes, fading or any other damage. Missing sign panels shall be replaced within 30 days or evidence of sign repair in progress, evidence of which must be provided to and approved by the city building inspection department. All electrical and/or electronic components be maintained in good working conditions.

(g)

All signs shall be subject to inspection by the city's code enforcement and building inspections. Any sign which, because of damage or disrepair, becomes a hazard to public health or safety or is not being maintained as provided herein, shall be immediately removed upon receipt of notice from the city. An abandoned sign shall be removed on the first anniversary of its abandonment, or on the second anniversary if the property is leased. In addition to any other remedies available to the city, any sign remaining in violation of this provision may be removed by the city and the sign may be sold at private or public sale. The owner of the sign shall be responsible for all costs of removal, storage and sale. The proceeds from the sale of such sign shall offset the city's costs in removing, storing and selling such sign and the balance remaining, if any, shall be refunded to the owner.

(h)

When any sign, including any handbill, poster, or advertisement, whether commercial, political or ideological, is found posted, fastened, erected or displayed in violation of this chapter, it shall be prima facie evidence that such unlawful posting, fastening, erecting, or displaying was caused by the person, firm or corporation advertised thereon.

(i)

The owner or occupant of the premises upon which the sign is located, whichever shall be determined to have erected and/or maintained such non-conforming sign, shall be responsible for any violations of this chapter.

(Ord. No. O-2006-009-15, § 1, 11-27-06)