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~ r~~ Q' ~I 97 CQ.. cJ' ~ ~ g -:.- t;:¡:e 'B ro 0:::.;: U'b ~ frl~ . ~ C'O en- --. .'... .."",e lL," u..I ¡:;;; ~ u... ~ .' ;¡(. ì.1Q. 0 ORDINANCE 1998 - 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ARTICLE 1 , CHAPTER 86 - UTILITIES, OF THE SAN MARCOS CITY CODE BY RE-ADOPTING PROHIBITIONS AGAINST PLACING SIGNS ON UTILITY POLES; INCLUDING PROCEDURAL PROVISIONS AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Article 1, of the San Marcos City Code is amended by adding the following sections: Sec. 86.003. Placement of signs on utility poles prohibited. It is unlawful for any person to attach or cause to be attached any advertisement, handbill, circular, poster or piece of paper to any public utility pole located within the city. Sec. 86.004. Presumption regarding person attaching sign. In any prosecution charging a violation of Section 86.003, it is presumed that the primary beneficiary of any advertisement, handbill, circular, poster or piece of paper attached to any public utility pole attached or caused the attachment to the pole. The term "primary beneficiary" means a person or legal entity that benefits from the advertisement, handbill, circular, poster or piece of paper. Sec. 86.005. Authority to remove. The city manager shall have the authority to remove any advertisement, handbill, circular, poster or piece of paper attached to any public utility pole within the city. Sec. 86.006. Penalty. A person who violates a provision of this article shall be punished, upon conviction, by a fine of not less that $50.00 nor more than $200.00 for each violation. Each advertisement, handbill, circular, poster or piece of paper attached to a public utility pole constitutes a separate violation. SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. This Ordinance takes effect ten (10) days after the date of its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on first reading February 23, 1998. PASSED AND APPROVED on second reading March 16, 1998. PASSED, APPROVED AND ADOPTED March 23, 1998.