O-2223-9-03ORDINANCE NO. 2223-9-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, REPEALING IN ITS ENTIRETY SECTION 7.09.8.1, OF THE
ALLEN LAND DEVELOPMENT CODE AND ADDING A NEW SECTION 7.09.7.1,
POLITICAL SIGNS, AND AMENDING TABLE 7.22 THAT REFLECTS THE NEW
STATE LAW; PROVIDING A REPEALING CLAUSE; A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH
OFFENSE; AND AN EFFECTIVE DATE.
WHEREAS, the 78th Legislature of the State of Texas amended Chapter 216 of the Local Government Code
by adding provisions that restrict the ability of a municipality to regulate certain types of political signs on
private real property; and,
WHEREAS, the City of Allen finds it necessary to amend the provisions of the Land Development Code to
conform with the new provisions of the Local Government Code; and,
WHEREAS, the Planning and Zoning Commission of the City of Allen and the governing body of the City
of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have
given requisite notice by publication and otherwise, and after holding due hearings and affording a full and
fair hearing to all property owners generally and to all persons interested and situated in the affected area and
. in the vicinity thereof, and in the exercise of its legislative discretion have concluded that this Allen Land
Development Code should be amended.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code is hereby amended by amending Section 7.09 Sign
Regulations, by repealing Section 7.09.8.1 and adding a new Section 7.09.7.1 to read as follows:
"Sec. 7.09.7.1. Political Signs.
A Political Sign is exempt from the provisions of Section 7.09 if it:
(a) does not have an effective area greater than 36 feet;
(b) is 8 feet or less in height;
(c) is not illuminated; or
(d) does not have any moving elements.
Sec. 7.09.8. Temporary Signs.
Sec. 7.09.8.1 Reserved."
SECTION 2. The Allen Land Development Code is hereby amended by amending Table 7.22 by repealing
in its entirety the section titled "Political Signs."
' SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of
this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said
ordinances not in conflict with the provisions of this ordinance shall retrain in full force and effect.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
' ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen
Land Development Code, as amended hereby, which shall remain in full force and effect.
SECTION & An offense committed before the effective date of this ordinance is governed by prior law and
the Allen land Development Code of the City of Allen, as amended, in effect when the offense was committed
and the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation that violates any of the provisions or terms of this ordinance
shall be subject to penalty and upon conviction shall be punished by a fine not to exceed Two Thousand
($2,000) Dollars.
SECTION 7. This Ordinance shall take effect from and after its passage, and publication of the caption in
accordance with the provisions of the charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THIS THE 23" DAY OF SEPTEMBER 2003.
E
APPROVED AS TO FORMA
V�
Peter G. Smith, CITY ATTORNEY
APPROVED:
4Y1 J — -r�
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geo TRMC, City Secreltaky
Ordinance No. 2223-9-03, Page 2