HomeMy WebLinkAboutOrdinance - 2015-O0093 - Amending Chapter 8 - Mobile Billboards - 09/10/2015First Reading
August 27, 2015
Item No. 7.14
ORDINANCE NO. 2015-00093
Second Reading
September 10, 2015
Item No. 7.12
AN ORDINANCE AMENDING CHAPTER 8, "BUSINESSES AND
AMUSEMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, BY ADDING ARTICLE 8.20, "MOBILE BILLBOARDS",
ESTABLISHING RULES FOR THE USE OF MOBILE BILLBOARDS IN THE
PUBLIC RIGHT-OF-WAY OPEN TO VEHICULAR TRAFFIC; REQUIRING AN
INSPECTION AND A PERMIT; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to amend the Code
of Ordinances to establish rules for the use of mobile billboards in the public right-of-
way open to vehicular traffic as set forth herein; and
WHEREAS, the City Council finds that the use of mobile billboards in the public
right-of-way open to vehicular traffic as set forth herein is specifically exempted from
the regulation of advertising vehicles as provided in Section 20.04.015 and Section
40.04.005 of the Code of Ordinances of the City of Lubbock, Texas; and
WHEREAS, the City Council finds that this Article shall control to the extent this
Article conflicts with any provision of Article 40.04 of the Code of Ordinances of the
City of Lubbock, Texas; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock, Texas, is
hereby amended by adding Article 8.20, which reads as follows:
Section 8.20.001 Definitions
Mobile. The state of being in active, but not necessarily continuous, movement; capable
of being moved and not permanently fixed or placed.
Mobile Billboard. Any vehicle for hire, including a trailer, with an illuminated or non -
illuminated panel, board, screen, banner, flag, electronic device or any other type of
appendage or feature, having the primary purpose to advertise, promote or draw attention
to a product, service, event or other similar purpose.
Operator. Any person or entity that owns or operates a mobile billboard.
Section 8.20.002 Mobile Billboard Requirements
(a) A mobile billboard may use the public right-of-way within the city limits as long
as such mobile billboard:
(1) remains mobile on a major thoroughfare, freeway, or expressway as defined
by the city's current thoroughfare plan;
(2) does not emit any sound, odor, light, or visible matter which serves as a
distraction to persons within the public right-of-way or which unreasonably
disturbs or interferes with the sleep, peace, comfort, or repose of any person with
ordinary sensibilities;
(3) does not, by reason of its size, location, movement, content, coloring, or
manner of illumination:
(i) cause any person with ordinary sensibilities to confuse or construe it as
a traffic control sign, signal device, or the light of an emergency or road
equipment vehicle, or
(ii) hide from view any traffic or street sign, signal, or device;
(4) does not operate between the hours of 3:00 a.m. and 6:00 a.m.; and
(5) is in compliance with all applicable registration, permitting and other
regulations as required under the Texas Transportation Code, including any
vehicle width, height, and weight restrictions; and
(6) obtains an annual permit from the City Secretary's office.
(b) A mobile billboard may not be parked, driven, stationed or moving in any manner
on private property within the city limits, unless such mobile billboard is parked or
stationed out of view from any public right-of-way.
(c) If a mobile billboard utilizes an electronic message display, such electronic
message display shall:
(1) contain static messages only and shall not have movement, or the appearance
or optical illusion of movement, of any part of the mobile billboard structure,
design, or pictorial segment of the mobile billboard, including the movement or
appearance of movement of any illumination or the flashing, scintillating or
varying of light intensity;
(2) allow no more than 0.3 seconds between each static message displayed on the
mobile billboard; and
(3) display each static message for a minimum of 10 seconds.
(d) It shall be unlawful for any operator to transport members of the public as
passengers in any mobile billboard.
(e) Any mobile billboard, as defined in this Article, is specifically excluded from the
regulation of advertising vehicles or trailers as provided in Section 20.04.015 and Section
40.04.005 of this Code of Ordinances.
Section 8.20.003 Permit
(a) In order to operate a mobile billboard within the public right-of-way open to
vehicular traffic within the city limits, an operator shall obtain an annual permit from the
City Secretary's office for each mobile billboard under the operator's control. Such
permit will remain effective for one (1) calendar year from its issue date.
(b) The City Secretary will issue a mobile billboard permit to an operator upon the
operator's submission to the City Secretary of:
(1) a completed mobile billboard application;
(2) a satisfactory inspection report from the Fleet Services Department; and
(3) a two hundred dollar ($200.00) permit fee, unless otherwise set forth and
established in the adopted annual budget.
(c) In order to receive a satisfactory inspection report from the Fleet Services
Department, a mobile billboard must:
(1) weigh under twenty thousand (20,000) pounds;
(2) be no more than fourteen feet (14') high as measured from the roadway to the
highest point on the mobile billboard;
(3) be no more than eight feet six inches (8'6") in width as measured by the
distance between the outermost extensions on each side of the mobile billboard,
excluding mirrors, lights and other devices required for safety;
(4) be no more than forty-five feet (45') in length as measured by the distance
between the front and rear of the mobile billboard;
(5) be in compliance with all Texas Department of Transportation vehicle
inspection and emissions requirements; and
(6) not be considered a nuisance due to a lack of maintenance or a use of
substandard material on any visible portion of the mobile billboard that could
cause peeling or faded paint; rusting, warping, or cracking of display surfaces; or,
any other type of visual defect that could promote unsafe operation of the mobile
billboard.
(d) Upon issuance of a permit, the City Secretary shall provide the operator a decal
for each permitted mobile billboard. The operator shall display the decal on the front
windshield of the permitted mobile billboard by placing the decal above the mobile
billboard's state -issued registration sticker
(e) Any permit issued to an operator for any mobile billboard shall be non-
transferable.
(f) If the applicant is denied a permit, the applicant shall have the right to appeal to
the Permit and License Appeal Board within ten (10) days of the date of denial by the
City Secretary.
Section 8.20.003 Penalty
A violation of any provision of this Ordinance shall be deemed a misdemeanor
punishable as provided by Section 1.01.004 of the Code of Ordinances of the City of
Lubbock, Texas.
SECTION 2. THAT should any paragraph, section, clause, phrase or word of
this Ordinance be declared unconstitutional or invalid for any reason, the remainder of
the Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on August 27, 2015
Passed by the City Council on second reading on September 10, 2015
GLEN OBE SON, MAYOR
ATTEST:
O -V _ �
Re cca Garza, Citycr tary
APPROVED AS TO CONTENT:
Glen C. eNertson, Mayor
APPROVED AS TO FORM:
Ju tin Pru tt, Ass' tant City Attorney