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54. ORDINANCE NO. 2002--L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS IMPOSING A TEMPORARY SUSPENSION OF THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION OF OFF-PREMISE SIGNS; INCLUDING PROCEDURAL PROVISIONS; DECLARING AN EMERGENCY; AND PROVIDING FOR PENAL TIES. RECITALS: 1. The City Council, in Ordinance 1990-82, enacted regulations for signs for the express purposes of authorizing "signs which are compatible with their surroundings, appropriate to the activity to which they pertain, provide identification for their users and convey information to the public," and prohibiting "signs which interfere with scenic views, endanger the public health or safety, or otherwise constitute a nuisance with respect to the aesthetic standards and social values of the community". These regulations cover off-premise sign features such as size, height, setbacks and spacing from other signs. The Planning and Zoning Commission has recommended that these regulations be reviewed for possible changes, and pending this review, that a temporary suspension of off-premise sign permits be implemented by the City Council. 2. The City Council recognizes the important role that signs fill in advertising businesses, products and services, and also understands that signs, because of their size, placement, configuration or spacing, can pose dangers to traffic and can detract from the aesthetic qualities of the San Marcos community. 3. In order to preserve the status quo pending further investigation of the possible regulation of off-premise signs, the City Council has determined that a suspension should be imposed upon the issuance of permits for the construction of new off-premise signs. 4. The recent ruling by the Austin Court of Appeals in Barber v. Texas Department of Transportation, 49 S.W.3d 12 (Tex. App.-Austin 2001, writ filed) establishes that a sign containing "purely ideological speech enjoys the greatest protection under the United States Constitution," and appears to require an exemption from the suspension for purely ideological signs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Definitions. In this ordinance: Off-premise sign means a sign which does not refer exclusively to the name, location, products, persons, services or activities of or on the premises where it is located. Purely ideological sign means a sign that contains a political, religious, or personal message, and does not in any way advertise a commercial business, product, service, or event. Sign means any object, device or display situated outdoors which is used to inform or give direction or to advertise or identify a person, organization, business, product, service, event or location by any means, including words, letters, numbers, symbols, figures, motion and illumination.