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08-052 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 08-052 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO. 04-03, BY AMENDING SECTION 1.01 DEFINITIONS, AMENDING SECTION 1.09(D) MONUMENT SIGNS; BY ADDING DIGITAL DISPLAY SIGN, AND AMENDING SECTION 1.11 PROHIBITED SIGNS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,the Town Council of the Town of Prosper,Texas("Town Council")has investigated and determined that Ordinance No. 04-03 (Regulation of Signs) should be amended as set forth below; and WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to regulate signs within Prosper and its Extraterritorial Jurisdiction("ETJ"); WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting from the signs' distractions and locations; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to prevent nuisances; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to create a neat and orderly appearance throughout Prosper; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to create a means to safely identify a place of business and the services available on the premises without creating aesthetic offenses and harm; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to support the general economic development of Prosper; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to support the general welfare of the citizens ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 1 of 5 and to maintain the historically small town atmosphere during a time of growth by providing for a means to communicate information related to the non-residential community, civic activities and government; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to ensure a noncommercial atmosphere in residential areas; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to create appropriate and orderly commercial and residential atmospheres; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to maintain the privacy of the home and limit what an unwilling viewer must be exposed to relative to the enjoyment of the investment made in the home; WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to enhance property values and psychological well-being for individuals and families; WHEREAS,Prosper has complied with all notices as required by law;and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Prosper to amend Ordinance No. 04-03 (Regulation of Signs)as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: Findings Incorporated/Applicability of Ordinance. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. This Ordinance shall regulate signs within Prosper and its ETJ. SECTION 2: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.01 Definitions. Ordinance No. 04-03, Section 1.01 Definitions is hereby amended to add the following: DIGITAL DISPLAY—for the purpose of this code shall have the same meaning as an Electronic Message Board(EMB)or a Changeable Electronic Variable Message Sign(CEVMS). ELECTRONIC MESSAGE BOARD (EMB) - means any sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs that contain alphabetic, pictographic or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 2 of 5 CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS) - means a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or electronic message board or digital display, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administration or the Texas Department of Transportation. SECTION 3: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.09(D) Monument Signs. Ordinance No. 04-03 Section 1.09 (D) is hereby amended to add paragraph 3, Digital Display Signs to read as follows: 3. A Digital Display Sign, as defined in Section 1.01, may only be permitted as part of an approved Monument Sign as defined in paragraph 1. a. Time — A Digital Display Sign may only be permitted in conjunction with an approved Monument Sign, whether new or retrofitting an existing monument sign. In the case of retrofitting an existing Monument Sign, all current provisions of the sign code, as they exist or may be amended, shall apply. b. Place— 1. A Digital Display Sign shall meet the same requirements as a Monument Sign. c. Manner— 1. A Digital Display Sign shall meet the same requirements as a Monument Sign, including the minimum height for text and graphic elements shall be six inches(6"). 2. A light detection device and/or photocell sensor shall be installed as part of the sign to ensure the sign's brightness is dimmed when ambient light conditions darken. No sign within one hundred fifty feet (150') of an adjacent residential tract shall create a light nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an impairment of vision creating a hazard for vehicular or pedestrian traffic. ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 3 of 5 3. Duration of message display shall not be less than 10 seconds. Public Service information such as date, time, temperature, weather, or information related to a public emergency (local, regional, state or national) shall be permitted to display not less than 5 seconds. This is also referred to as Hold Time or Frame Duration. 4. Message transition such as entry or exit effect shall not be greater than 1 second, meaning the message should transition from one message to another within 1 second. 5. Frame effects such as flashing shall be prohibited. 6. All Digital Display Signs shall be maintained and kept in good working order. Reasonable accommodations shall be made within thirty (30) days to repair damaged or non-working displays. 7. Digital Display Signs may not be used to display commercial messages relating to products or services that are not offered on the premises. SECTION 4: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.11 Prohibited Signs. Ordinance No. 04-03, Section 1.11 Prohibited Signs is hereby amended by the following: 1.11 (D) Commercial Billboard Signs is hereby amended by adding the following sentence to the existing definition as follows: The conversion of existing traditional static commercial billboard signs to signs employing digital or any similar electronic technology shall be prohibited. 1.11(J)Other Signs is hereby amended as follows: 1. Signs which move and/or are animated by means of flashing, traveling or blinking lights, or other means not providing constant illumination; unless specifically allowed herein. 3. Appendages to primary signs which have flashing, blinking, or traveling lights; unless specifically allowed herein. SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 4 of 5 not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Savings/Repealing Clause. Ordinance No. 04-03 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS,on this 10th day of June,2008. APPROVED A TO FO Charles Niswanger,Ma ATTESTED TO AND CORRE Y CORDED BY: atthew Denton,TRMC Town Secretary DATE OF PUBLICATION: Tit tr f/, a-t'& , Dallas Morning News—Collin County Edition ESTABLISHING SIGN CODE AMENDMENTS FOR DIGITAL DISPLAYS AND BILLBOARDS Page 5 of 5 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in THE DALLAS MORNING NEWS—Metro North Edition on: TOWN of June 19, 2008 j PROSPERITEXAS I ORDINANCE NO.08-052- AN ORDINANCE'OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO.04 ``03, BY AMENDING SEC- ['AMENDING DEFINITIONS, I f 1.09(D) MONUMENT 1 % SIGNS; BYADDING'DIG' AND DISPLAY SIGN- AND AMENDING SEC- TION 1.11 PROHIBITED SIGNS; PROVIDING FOR ' A PENALTY FOR THE (Lynda Black) " VIOLATION OF THIS OR- DINANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVERABILI- I TY CLAUSES; PROVID- - ING FOR AN EFFEC; I TIVE DATE OF THIS ; ORDINANCE; AND PRO- VIDING FOR THE-PUB. LICATION OF THE CAP- TION HEREOF. I i Sworn to and subscribed before me this June 19, 2008 (Not Pu 6100 ; y c ry Public.State of Texas „Y`l���r` MyCommis F ,,F,,, sion Expires ��,�,������ June 15,2011