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07-094 - OTOWN OF PROSPER, TEXAS ORDINANCE NO.07- 094 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO. 04-03, BY AMENDING SECTION 1.01 DEFINITIONS, BY ADDING SECTION I.12.1 PRESUMPTION; VIOLATIONS IN OR ON PUBLIC PROPERTY, BY ADDING SECTION 1.09(S) GARAGE SALE SIGNS, AND BY AMENDING SECTION 1.13 RECOVERY OF IMPOUNDED SIGNS; AND AMENDING SIGN ORDINANCE NO. 05-76, BY AMENDING SECTION 1.09(R) STAKE 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 Nos. 04-03 and 05-76 (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 and invitations to vandalism; 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 avoid obstructions to police and citizen views as a means of crime prevention; 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 avoid obstructions to emergency services; 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; ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 1 of 7 WHEREAS, the Town Council has investigated and detennined 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 and to maintain the historically small town atmosphere during a time of growth by providing for a means to communicate information related to the 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 Nos. 04-03 and 05-76 (Regulation of Signs) as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 2 of 7 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 read as follows: The definition of Stake Sign is amended in its entirety as follows: GARAGE SALE SIGN — means an off -site or on -site temporary sign that advertises or conveys information relating to the date, time, location, directions, operation, and/or name of a garage sale, neighborhood sale, estate sale, yard sale or similar event. STAKE SIGN — means a off -site or on -site sign of a temporary nature supported by a metal or wood stake placed in the ground. Such signs may advertise the sale of a product, good or service or other similar venture with an economic purpose to include but not limited to directional signs, real estate signs, moving services, housekeeping services, lawn care services or any other type of service or sales. Signs may also be utilized for supporting, encouraging, expressing or identifying a philosophy, theory, belief, view, principle, concept, insight or opinion, political posture, position or event, public services or civic announcement or advisory event and/or personal or individual use without a commercial intent. Such signs may include but are not limited to political signs, ideological signs, no trespassing, special event or public services announcements, alarm signs and beware of dog signs, but do not include, among other things, garage sale signs. SECTION 3: Amendment to Ordinance No. 04-03 (Regulation of Signs) Adding Section 1.12.1 Presumption; Violations In or On Public Property. Ordinance No. 04-03, is hereby amended to read as follows: 1.12.1 PRESUMPTION; VIOLATIONS IN OR ON PUBLIC PROPERTY A. If any sign of any nature is erected, constructed or maintained on public property in violation of the sign code, as amended, including but not limited to garage sales, yard sales, estate sales, neighborhood sales, directional signs, real estate signs, moving services, housekeeping services, lawn care services or any other type of service or sales, such sign shall be subject to the following: 1. The sign may be subject to confiscation by town personnel. a. Signs confiscated will be retained for a period of five (5) calendar days from the day after confiscation; b. Confiscated signs may be reclaimed by the owner within the five (5) day retention period provided that an impoundment fee as set forth in section 1.13 of the sign code, as amended, is paid; 2. When any address appears on such a sign, it shall be prima facie evidence that the record property owner at the address so specified is responsible for the offense of erecting, constructing or maintaining such sign, and that person shall be guilty of a misdemeanor, upon conviction; and ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 3 of 7 3. If such a sign contains no identifying information other than a telephone number, such information shall be prima facie evidence that the record property owner at the telephone number so specified is responsible for the offense of erecting, constructing or maintaining such sign, and that person shall be guilty of a misdemeanor, upon conviction. B. The following evidence relative to the name, address or telephone number contained in the following records is prima facie evidence of the contents of the record. 1. Name. An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself. 2. Address. A certified copy of that section of the most recent tax roll or appraisal district record which shows the name and address of the record property owner and an authenticated photograph of the sign or the sign itself. 3. Telephone number. An authenticated photograph of the sign or the sign itself, showing the telephone number, and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at that telephone number. C. Any presumption contained in this section is rebuttable and shall have the effects and consequences set forth in V.T.C.A. Penal Code § 2.05. SECTION 4: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.13 Recovery of Impounded Signs. Ordinance No. 04-03, Section 1.13 Recovery of Impounded Signs is hereby amended in its entirety to read as follows: 1.13 RECOVERY OF IMPOUNDED SIGNS A. Impounded signs may be recovered by the owner within five (5) days from impoundment by paying a fee as follows: 1. A fee of two hundred dollars ($200.00) per sign for signs which are six (6) square feet or less in area. 2. A fee of four hundred dollars ($400.00) per sign for signs which are larger than six (6) square feet in area. B. Signs not recovered within five (5) days of impoundment may be disposed of by the Town in any manner it shall elect. SECTION 5: Amendment to Ordinance No. 05-76 (Regulation of Signs) Section 1.09(R) Stake Signs. Ordinance No. 05-76, Section 1.09(R) Stake Signs is hereby amended in its entirety to read as follows: R. STAKE SIGNS Stake signs are permissible upon the issuance of a sign permit. Stake sign pen -nits are available for a single weekend event or yearly. A stake sign with a yearly permit may be re -used every weekend from the date the permit was issued to the end of that same calendar year. ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 4 of 7 2. Time — A stake sign shall not be erected earlier than 8:00 a.m. on the Friday before the sale or event and must be removed by 8:00 a.m. on the Monday following the sale or event. Stake signs may also be erected not earlier than 8:00 a.m. on the day before a Town holiday and must be removed by 8:00 a.m. on the day after a Town holiday. 3. Place — a. Stake signs shall not be placed so as to impair the corner visibility of intersections of streets, driveways and alleys. b. Stake signs shall not be placed closer than sixty (60) feet from another stake sign. c. Stake signs shall not be placed within the public right-of-way (ROW). d. Stake signs shall not be placed on public property including but not limited to parks, public facilities and public open spaces. e. Stake signs shall only be erected on private property with owner consent. f. Stake signs shall not be affixed to utility poles, official signs or any traffic control devices. g. Stake signs shall comply with Section 1.07 (Sign Specifications and Design) of the sign code, as amended. 4. Manner — a. Stake signs shall not exceed six (6) square feet in area. b. Stake signs shall not exceed three (3) feet in height. C. Stake signs may only be used to advertise or convey information relating to the date, time, location, directions, operation, and/or name of a sale or event that is located within the Town and its extraterritorial jurisdiction (ETJ). d. The number of yearly stake signs that may be permitted for any one (1) advertised entity, sale, or event at the same location shall be a maximum of twenty (20) signs. e. The number of single weekend event stake signs that may be permitted for any one (1) advertised entity, sale, or event at the same location shall be a maximum of twenty (20) signs. Exceptions: The portion of the Stake Sign definition that reads: "Signs may also be utilized for supporting, encouraging, expressing or identifying a philosophy, theory, belief, -view, principle, concept, insight or opinion, political posture, position or event, public services or civic announcement or advisory event and/or personal or individual use without a commercial intent. Such signs may include but are not limited to political signs, ideological signs, no trespassing, special event or public services announcements, alarm signs and beware of dog signs. ", shall be exempt from the requirements of Section 1.09(R)(1), (2) & (4)(d). Political signs shall continue to meet the requirements of Section 1.10(M), unless otherwise allowed or exempted by the sign code. SECTION 6: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.09 to add Garage Sale Sign Regulations. Ordinance No. 04-03 Section 1.09 is hereby amended to add paragraph S, Garage Sales Signs to read as follows: ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 5 of 7 S. GARAGE SALE SIGNS 1. Garage sale signs issued by the Town in accordance with the Town's Garage Sale ordinance, as it exists or may be amended, are permissible. 2. Time — A garage sale sign may only be erected at times authorized by the Town's Garage Sale ordinance, as it exists or may be amended. 3. Place — a. Garage sale signs shall not be placed so as to impair the corner visibility of intersections of streets, driveways and alleys. b. Garage sale signs shall not be placed closer than sixty (60) feet from another garage sale sign. c. Garage sale signs shall not be placed within the public right-of-way (ROW). d. Garage sale signs shall not be placed on public property including but not limited to parks, public facilities and public open spaces. e. Garage sale signs shall only be erected on private property with owner consent. f. Garage sale signs shall not be affixed to utility poles, official signs or any traffic control devices. g. Garage sale signs shall comply with Section 1.07 (Sign Specifications and Design) of the sign code, as amended. 4. Manner — a. Garage sale signs shall not exceed six (6) square feet in area. b. Garage sale signs shall not exceed three (3) feet in height. c. Garage sale signs must be issued by the Town in accordance with the Town's Garage Sale ordinance. Garage sale signs may only be used to advertise or convey information relating to the date, time, location, directions, operation, and/or name of a sale or event that is located within the Town or its extraterritorial jurisdiction (ETJ). SECTION 7: 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 ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 6 of 7 Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall 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 8: Savings/Repealing Clause. Ordinance Nos. 04-03 and 05-76 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 9: 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 10: 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 131h day of November, 2007. APPROVED AS TO FORM: Charles Niswanger, Mayor —01 oil OMA Denton,hew own Secretary DATE OF P UBLICATION. Edition D� 0 go ap ® o ° o ® 0 ® o o -ft lop o 1c, 0 o p ® o ® o oao ®� ®�®© eo01.'0 eoo°°°mo% DcRVi bWnp g News — Collin County ESTABLISHING SIGN CODE AMENDMENTS STAKE SIGNS, VIOLATIONS AND IMPOUNDMENT Page 7 of 7 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: Sv ORDINANCE NO. 07-094 November 23, 2007 (Lynda Black) d before me this November 26, 2007 205P?YP�?(� LISA BATTENFIELD Notary Public, State of Texas Commission Expires JUNE 1, 2011 P