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83 ORDINANCE 1985-41 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE ~. CITY OF SAN ~1ARCOS, TEXAS, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF SAID CITY TO ADD THERETO AN ARTICLE III, UNLAWFUL POSSESSION OF CITY PROPERTY, TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO BE IN POSSESSION OF A STREET SIGN, TRAFFIC SIGN, OR k~ PART THEREOF WHICH IS THE PROPERTY OF SAID CITY WITHOUT THE EFFECTIVE CONSENT OF SAID CITY; PROVIDING FOR PENALTIES FOR VIOLATIONS OF SAID ARTICLE; AND, DECLARING AN EFFECTIVE DATE. WHEREAS, the unauthorized removal of City of San Marcos street signs has resulted in significant monetary losses to the City for several years; and, WHEREAS, the unauthorized removal of City of San Marcos street signs costs the taxpayers additionally through the loss of the staff time needed to replace such signs; and, WHEREAS, the absence of street signs has a deleterious effect on fire safety by making it difficult or impossible for fire department personnel to locate streets in a timely manner during emergencies; and, WHEREAS, the unauthorized removal of City of San Marcos traffic signs has resulted in significant monetary losses to the City for several years; and, WHEREAS, the unauthorized removal of City of San Marcos traffic signs costs the taxpayers additionally through the loss of the staff time needed to replace such signs; and, WHEREAS, the City Council of the City of San Marcos desires to take action to prevent the unauthorized removal of both street signs and traffic signs by penalizing the unlawful possession of such signs; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 16 of the Code of Ordinances of the City of San Marcos, Texas, is hereby amended to add an Article III, Unlawful Possession of City Property, which shall read as follows: Article III. UNLAWFUL POSSESSION OF CITY PROPERTY Sec. 16-40. Street signs. (a) A person commits an offense if he is in possession of a street sign or street identification sign or any part of any such sign that is the property of the City of San Marcos, without the effective consent of the City of San Marcos. (b) A person who violates subsection (a) above shall be guilty of a misdemeanor and, upon conviction shall be fined not less than $200 nor more than $1000. Sec. 16-41. Traffic signs. (a) A person commits an offense if he is in possession of a traffic sign or any part of a traffic sign that is the property of the City of San Marcos, without the effective consent of the City of San Marcos. Traffic sign, as used herein, shall mean any sign, signal, marking or device placed or erected by the City of San Marcos or intended for placement or erection for the purpose of regulating, warning or guiding traffic, whether vehicular or pedestrian, excluding all electrically or mechanically operated devices.