§ 150.06 PROHIBITED SIGNS.
   (A)   Dilapidated or deteriorated signs.
   (B)   Outdated/abandoned signs. No sign or other advertising structure shall continue to advertise a business or project which has been out of business in excess of 90 days. A sign which is abandoned such that it has not been used for advertising for one year shall be removed.
   (C)   Animated signs.
   (D)   Obstructing signs. No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape.
   (E)   Traffic hazards. No sign or other advertising structure shall:
      (l)   Obstruct free and clear vision at any street intersection.
      (2)    Interfere with, obstruct the view of or be confused with any authorized traffic sign, signal, or device because of its position, shape or color.
      (3)   Make use of the words "STOP", "LOOK", "DANGER" or any other word, phrase, symbol or character in a manner that interferes with, misleads or confuses traffic.
      (4)   Present a traffic hazard by using illumination resembling an emergency signal.
   (F)   Unsafe signs. No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance and if so, may be declared a public nuisance and be forwarded to the Code Enforcement Officer for action.
   (G)   Glaringly illuminated signs. No sign or other advertising structure shall be illuminated with lights which glare into or upon the surrounding area or any residential premises or distract operators of vehicles or pedestrians on the public right-of-way.
   (H)    Obscene signs. No sign or other advertising structure shall display gestures, graphics, or words that are obscene, profane, or pornographic in nature such that they are offensive to a reasonable person of normal sensitivities.
   (I)   Stationary vehicular signs. No sign or other advertising structure shall be painted on or be attached to a motor vehicle used primarily for the display of such sign, including, but not limited to a billboard truck. This section shall not prohibit the identification of a business or its products or services on its vehicle(s) operated and parked in a manner appropriate to the normal course of business.
   (J)   Bandit signs.
   (K)   Off premises signs. Except as provided herein, off-premises signs shall be expressly prohibited.
      (1)   Exceptions.
         (a)   Off-premises signs which lawfully exist or for which a permit has been issued;
         (b)   Signs which advertise the sale or lease of property, provided that the sign is displayed on the property for sale or lease and only one sign is placed on each street frontage;
         (c)   Signs or markers giving information about the location of underground electric transmission lines, telegraph or telephone properties and facilities, pipelines, public sewers or sewer lines, or water lines or other public utilities;
         (d)   Signs erected by an agency of the state or a political subdivision of the state, which may or may not be located on public property;
         (e)   Signs erected solely for and relating to a public election, but only if:
            1.   The sign is on private property;
            2.   The sign is erected no earlier than the 45th day before the election and is removed no later than the tenth day after the election;
            3.   The sign shall be placed so as not to obstruct the view at intersections of streets, alleys, driveways, and/or easements;
            
            4.   The sign shall not be placed on city street rights-of-way, alleys, or easements and public parks in such a position or manner which may create a hazard to the public;
            5.   The area of the sign does not exceed 32 square feet per sign face;
            6.   The sign does not exceed six feet in height; and
            7.   The sign is self-supporting.
         (f)   Memorial and/or historical signs as designated by federal, state, or local government;
         (g)   Signs authorized or erected by the city as a public service announcement or greeting;
         (h)   One directional monument sign per business establishment which shall not exceed 24 square feet and shall be located on a main street nearest the business. The directional sign shall not be placed in the public right-of-way and written permission from the property owner where the sign is to be located must be submitted for record;
         (i)   Banners erected, and maintained in accordance with § 150.07(F); and
         (j)   Kiosk sign plazas and sign panels may be installed and maintained within the street right-of-way of a public street within the city pursuant to a contract or franchise agreement with the city. The location and placement of all kiosk sign plazas and sign panels shall be subject to the approval of the Director of Community Development. No kiosk sign plaza or sign panel shall be installed within the right-of-way of a state highway without written authorization from the Texas Department of Public Transportation.
   (L)   Digital LED signs greater than 75 square feet. No digital LED sign shall be permitted to exceed 75 square feet except as provided herein.
   (M)   Signs on public improvements in streets prohibited. Except as otherwise provided by this chapter, it shall be unlawful for any person to erect, post, affix or display any sign upon any pavement, median, esplanade, traffic island, curb, sidewalk, bridge, overpass, underpass, telephone pole, electric pole, traffic sign, standard, pole, post, easement, or other improvements located within any public street or sidewalk of the city.
      (1)   Signs prohibited on other public property. Except as provided herein it shall be unlawful for any person to erect, post, affix or display any sign upon any easement, or property or improvements owned by the city.
      (2)   Signs located in the 35 foot visibility triangle. It shall be unlawful for any person to erect, post, affix or display any sign within the 35 foot visibility triangle of any street intersection. The visibility triangle is established by connecting the three following points: a point where the projected curb lines or edge of pavement intersect; a point along each of the intersecting curbs or edge of pavement, 35 feet from the original point.
      (3)   Signs located within ten feet of a roadway. It shall be unlawful for any person to erect, post, affix or display any sign within ten feet of a roadway. This measurement shall be taken perpendicular to any adjacent roadways. This requirement is in addition to the applicable setbacks as established in this chapter.
      (4)   Exceptions.
         (a)   It shall be an exception to prosecution under division (A) of this section that the sign is a temporary sign and was placed within the right-of-way of a street maintained by the city and is located no closer than ten feet to the adjacent roadway. This exception does not apply to the placement of signs within the right-of-way of a road or highway in the state or federal highway system.
         (b)   Banners erected, and maintained in accordance with § 150.07(F).
         (c)   Kiosk sign plazas and sign panels may be installed and maintained within the street right-of-way of a public street within the city pursuant to a contract or franchise agreement with the city. The location and placement of all kiosk sign plazas and sign panels shall be subject to the approval of the Director of Community Development. No kiosk sign plaza or sign panel shall be installed within the right-of-way of a state highway without written authorization from the Texas Department of Public Transportation.
         (d)   Subdivision signs in accordance with § 150.07(E).
   (N)   Signs placed on property of another. It shall be unlawful for any person to place any sign on the property of another without the consent of the owner, tenant or other person in control of the property.
(Ord. 12-0515A, passed 5-15-2012; Ord. 21-0720B, passed 7-20-2021) Penalty, see § 150.99