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80 ORDINANCE 1984-97 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 23-1 OF ARTICLE I OF CHAPTER 23 OF THE CODE OF ORDI- NANCES OF SAID CITY AND ADDING A SECTION 23-3 TO SAID ARTICLE OF SAID CHAPTER OF SAID CODE TO DESIGNATE THOSE RESPONSIBLE FOR THE PLACE- MENT OF NOTICES ON UTILITY POLES AND ESTABLISH- ING A PENALTY FOR VIOLATIONS AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 23-1 of Article I of Chapter 23 of the Code of Ordinances of the City of San Marcos, Texas lS hereby amended to read as follows: Sec. 23-1. Placement of advertisements, handbills, etc. on utility poles -- Prohibited. No person shall, either directly or indirectly, cause or authorize to be posted, nailed, pasted or otherwise at- tached or affixed to any telephone pole, electric pole or any other public utility pole located within the corpor- ate limits of the city any advertisement, handbill, circu- lar, poster or piece of paper. The primary beneficiary of any advertisement, handbill, circular, poster or piece of paper posted, nailed, pasted or otherwise attached or affixed to any telephone, electric or any other public utility pole located within the corporate limits of the city shall be presumed to have authorized or caused, either directly or indirectly, the placement thereof. As used in this ordinance, "person" shall mean any in- dividual, association, firm, corporation, partnership, or organization. SECTION 2. That a section be added to Article I of Chapter 23 of the Code of Ordinances of the City of San Marcos, Texas, said section to be numbered 23-3 which shall read as follows: Sec. 23-3. Penalty. Any violation of this ordinance is hereby declared to be a misdemeanor and upon conviction, any person found guilty shall be subject to a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for any violation. SECTION 3. That this Ordinance shall be in effect ten (10) days from and after its passage and after its publication in a newspaper of general circulation in the area. PASSED AND APPROVED on first reading October 8, 1984. PASSED AND APPROVED on second reading October 15, 1984. PASSED, APPROVED AND ADOPTED Oe""4er 22, 1984. /~v". IV ~~~ Emmie Craddock Att~ gr~ Mayor ~iS K. Womack City Secretary , Lamar W. Hankins City Attorney Published in the DAILY RECORD October 28, 1984.