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HomeMy WebLinkAboutO-3198-1-14ORDINANCE NO. 3198.1-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, TO ADD ARTICLE V. ELECTIONEERING AT POLLING LOCATIONS; PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on lune 14, 2013, the Texas Legislature passed House Bill 259, amending the Texas Election Code to require a public entity that controls or owns a building used as a polling place, 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, the polling places in the City include facilities that are simultaneously used for various other purposes and for which adequate and safe parking and access thereto must be maintained in order for those facilities to operate in a safe and effective manner; and WHEREAS, electioneering includes posting of signs and, in order to further the general health, ' safety and welfare of the community, electioneering signs and literature should not be present outside of the time for voting except for a limited period to erect and remove the signs, and not be attached to improvements and landscaping; and WHEREAS, the City Council further 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, current City of Allen regulations prohibit signs, including political signs, on public property, therefore, those regulations must be amended to comply with the new law; and WHEREAS, the City Council deems it is in the best interest of the citizens of the City of Allen that 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 further the public health, safety and welfare of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Allen, Texas, be, and the same is hereby amended by adding new Article V, Electioneering at Polling Locations, to Chapter 10, Offenses - Miscellaneous, to read as follows: "ARTICLE V. ELECTIONEERING AT POLLING LOCATIONS Sec. 10.50. Purpose. The purpose of this Article is to provide reasonable regulations for electioneering on City owned or controlled public property when such property is used as an election polling place. The regulations contained herein are to mitigate against any safety concerns, prevent damage to public property, and ensure that the property is sufficiently available for its patrons who use the facilities other than for election purposes. See. 10-51. 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. Voting 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. The period for a runoff election shall be considered to be a separate voting period. ' Sec. 10-52. Regulations and exceptions. (a) Notwithstanding the provisions of the Allen Land Development Code, the following regulations apply to electioneering on the premises of public property during the voting period. (1) 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 seventy-two (72) hours before and after the voting period. (2) 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 electioneering signs that are attached to vehicles that are lawfully parked at the premises of a polling location. (3) It is an offense for any person to attach, place or otherwise affix or erect any electioneering sign, literature or material in any area designated as a planting or landscaped area or to any tree, shrub, building, pole, or other improvement on public property used as a polling location. t (4) It is an offense for any person to place any electioneering sign or literature within ten (10) feet of the public road way adjacent to the public property where a polling location is located. Ordinance No. 3198-1-14. Page 2 (5) It is an offense for any person to place an electioneering sign on the ' premises of a polling location that exceeds thirty-six square feet and is more than eight feet in height. (6) In addition to imposing any criminal penalty, electioneering sign(s) located in violation of this section may be removed and disposed of by the entity in control of the public property. (7) 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. (b) The regulations set forth in (a) above shall not apply to any City of Allen authorized signs, materials or other messages on its property." SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this Ordinance be, and the same me hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict with the provisions of this Ordinance shall remain in full force and effect. ' SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTIONS. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide and it is, accordingly, so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 110 DAY OF JANUARY, 2014. APPR VED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CI ATTORNEY Shelley B. Geo RMC, CITY SECRETARY o`GS:1-7-14 TM 63698) Ordinance No. 3198.1.14. Page 3