O397
ORDINANCE NO. 397
AN ORDINANCE OF THE CITY OF KENNEDALE, TEXAS AMENDING
CHAPTER 17, ARTICLE VII, OF THE KENNEDALE CITY CODE (1991),
AS AMENDED, TO MAKE CHANGES TO THE CITY'S SIGN
REGULATIONS; ADDING DEFINITIONS OF CHANGEABLE
ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS); AMENDING
OFF-PREMISE SIGN REGULATIONS GOVERNING THEM; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council heretofore adopted comprehensive sign regulations
codified in Chapter 17, Article VII of the Kennedale City Code; and
WHEREAS, the City Council agrees with the American Society of Landscape
Architects' determination that outdoor advertising signs tend to deface nearby scenery,
whether natural or built, rural or urban; and
WHEREAS, the City Council agrees with courts that have recognized that
outdoor advertising signs tend to interrupt what would otherwise be the natural
landscape as seen form the highway, whether the view is untouched or ravished by
man, and that it would be unreasonable and illogical to conclude that an area is too
unattractive to justify aesthetic improvement; and
WHEREAS, the City Council has determined that in order to preserve and
enhance the City as a desirable community in which to live and do business, a pleasing,
visually attractive environment is of foremost importance; and these regulations are a
highly contributive means by which to achieve this desired end and have been prepared
with the intent of enhancing the .visual environment of the City and promoting safety and
continued well-being; and
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WHEREAS, the City Council has determined that off-premise signs, including
billboards, are inconsistent with the above-stated goals; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission on the 17t" day of April, 2008, and by the City Council on the 20t" day of
May, 2008, with respect to the amendments described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
Section 17-502, "Definitions", of the Kennedale City Code, is hereby amended by
adding or amending the following definitions:
Add:
Changeable electronic variable message sign (CEVMS) shall mean a sign
which permits light to be turned on or off intermittently or which is operated in a
way whereby light is turned on or off intermittently, including any illuminated sign
on which such illumination is not kept stationary or constant in intensity and color
at all times when such sign is in use, including an LED (light emitting diode) or
digital sign, and which varies in intensity or color. A CEVMS sign does not
include a sign located within the right-of way that functions as a traffic control
device and that is described and identified in the Manual on Uniform Traffic
Control Devices (MUTCD) approved by the Federal Highway Administrator as
the National Standard.
Amend:
Off-Premise Sign shall mean any sign, including billboards, that advertises a
business, person, activity, goods, products or services not located on the
premises where the sign is installed and maintained, or that directs persons to a
location other than the premises where the sign is installed and maintained.
SECTION 2.
Section 17-514, "Prohibited Signs", of the Kennedale City Code, is hereby
amended by the addition of the following prohibited sign:
(16) Off-premise Signs. No construction permit shall be issued for the erection
of a new off-premise sign, including but not limited to a new off-premise CEVMS
or the conversion of an existing non-CEVMS off-premise sign to a CEVMS.
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SECTION 3.
This Ordinance shall be cumulative of all other ordinances of the City of
Kennedale, and shall not repeal any of the provisions of such ordinances except in
those instances when provisions of such ordinances are in direct conflict with the
provisions of this ordinance, in which event the conflicting provisions of such ordinances
are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights or remedies of the City of Kennedale, Texas are expressly saved as to
any ordinances affecting signs that have accrued at the time of the effective date of this
Ordinance; and as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, same shall not be affected by this Ordinance
but may be prosecuted until final disposition by the Courts.
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SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, penalty clause, publication
clause and effective date clause of this ordinance as provided by Section 3.10 of the
Charter of the City of Kennedale.
SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 20th DAY OF MAY, 2008.
moo.; •' ~'• '~'~"':
~~`cn MAYOR, BRYAN LANKHORST
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:vim°., ~4~ ATTEST:
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""""~~""''~ KATHY TU NER, CITY SECRETARY
EFFECTIVE: x-30 - ~ P~
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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