OR 2013-1361 Temporary Off Premise SignsAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2013-1361
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 6-
15-7, PROVISIONS FOR TEMPORARY OFF PREMISES SIGNS, OF THE
CODE OF ORDINANCES BY AMENDING SUBSECTION B AND BY
ADDING A NEW SUBSECTION C, ELECTIONEERING AT POLLING
LOCATIONS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 14, 2013, the Texas Legislature passed H.B. 259, modifying the
Texas Election Code and requiring a public entity that controls or owns a building used as a polling
location, to allow electioneering on the premises subject to reasonable regulations; and
WHEREAS, according to this new law, "electioneering" includes the posting, use, or
distribution of political signs or literature; and
WHEREAS, electioneering includes posting of signs and in order to further the general
health, safety and welfare of the citizens, electioneering signs and literature should not be present
outside of the time for voting except for a limited period to erect and remove signs, and not be
attached to improvements and landscaping; and
WHEREAS, the City Council fiirther finds that the size of electioneering signs shall be
limited and they should be set back from the public roadway in order to further traffic safety and
remove visual clutter; and
WHEREAS, City Council deems it is in the best interest of the citizens of the City of
Coppell that the current sign regulations be amended and additional regulations be adopted to
address concerns that may result from electioneering on public property, including damage to
property, traffic safety concerns, and blight; and
WHEREAS, the City Council finds that the adoption of regulations is needed and that they
fiirther the public health, safety and welfare of the community.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
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SECTION 1. That Section 6-15-7, Provisions for Temporary off premises signs, of the
Code of Ordinances be, and the same is hereby, amended to provide for a new subsection C,
Electioneering at Polling Locations, to read as follows:
"Sec. 6-15-7 Provisions for temporary off premises signs.
4. Political signs:
(B) Political signs are strictly prohibited from any and all public property and right-
of-way within the city, except as provided in subsection (C).
(C) Electioneering at Polling Locations
1. Definitions
The following words and phrases as used in this article shall have the
meanings as set forth in this section:
Electioneering shall mean the posting, use, or distribution of political signs
or literature, including the use of tents, chairs, booths, tables or other
fiirniture or devices to post, use or distribute political signs or literature.
Toting period shall mean the period each day beginning the hour the polls
are open for voting and ending when the polls close or the last voter has
voted, whichever is later on Election Day and early voting days.
2. Regulations and Exceptions
(a) The following regulations apply to electioneering on the premises of
public property during the voting period.
(i). It is an offense for any person to leave any
electioneering sign or literature on public property that is
used as a polling place other than during the voting period
and for thirty minutes before and after the voting period.
(ii). It is an offense for any person to engage in
electioneering on driveways, parking areas, on medians
within parking areas, or driveways on the premises of a
polling location. This restriction shall not apply to
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electioneering signs that are attached to vehicles that are
lawfully parked at the premises of a polling location.
(iii). It is an offense for any person to attached, place or
otherwise affix any electioneering sign, literature or material
to any building, tree, shrub, pole or other improvement on
public property used as a polling location.
(iv). It is an offense for any person to place any
electioneering sign or literature within twenty-five (25) feet
of the public road way adjacent to the public property where
a polling location is located.
(v). It is an offense for any person to place an
electioneering sign on the premises that exceeds thirty six
square feet and is more than eight feet in height, including
any supporting poles.
(vi). In addition to imposing any criminal penalty,
electioneering sign(s) locating in violation of this section may
be removed and disposed of by the entity in control of the
public property.
(vii). The authority to conduct electioneering on public
property under this Article is limited to the property on the
premises where the voting is conducted and only for the
voting period."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
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SECTION 4. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the foriner law is continued in effect for this purpose.
SECTION 5. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subjected to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense; and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 6. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ZZ rIeLday of
2013.
APPROVES TO FORM:
ROBERT E. HAGER. CYYY ATTORNEY
AT
RRISTEL PETTIN S, CITY SE TARY
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