Ord 1991-018 - Laserfiche WebLink

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69 - Q-' 0'"' - - ORDINANCE Nd~q/-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 16, MISCELLANEOUS OFFENSES AND PROVISIONS OF THE CODE OF ORDINANCES BY ADDING SECTION 16-5 PROHIBITING THE PLACEMENT OF ADVERTISEMENTS, HANDBILLS, ETC. , ON VACANT BUILDINGS WITHIN THE CITY~ PROVIDING FOR SEVERABILITY~ REPEALING ALL CONFLICTING ORDINANCES~ PROVIDING FOR A PENALTY~ PROVIDING FOR PUBLICATION~ AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 16, Miscellaneous Offenses and Provisions of the San Marcos Code of Ordinances is amended by adding Section 16-5 which shall read as follows: Sec. 16-5. Placement of Advertisements, Handbills, etc., On Vacant Buildings-Prohibited. (a) No person shall cause or authorize any advertisement, handbill, circular, poster or piece of paper to be posted, nailed, pasted or otherwise attached or affixed to any vacant building or any vacant portion of a building located within the City. (b) There shall be a rebuttable presumption, in the prosecution of cases for violation of this Section, that the primary beneficiary of any advertisement, handbill, circular, poster or piece of paper caused the same to be posted, nailed, pasted, or otherwise attached or affixed to a vacant building or a vacant portion of a building located within the City. As used in this Section, the term "primary beneficiary" shall mean the person whose goods, services, activity, or identity is advertised on the advertisement, handbill, etc. (c) This section shall not apply to an advertisement regarding the sale or lease of the building to which it is attached, a governmental notice erected and maintained for the public health, safety or pursuant to or in discharge of any governmental function, a notice regarding the relocation of a previous occupant of the building, or a notice prohibiting trespass. (d) In accordance with the provisions of this section, the city manager shall have the authority and the duty to remove or cause to be removed any advertisement, handbill, circular, poster, or piece of paper posted, nailed, pasted or otherwise attached or affixed to any vacant building or any vacant portion of a building located within the City. SECTION 2. That 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 remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4. That any person who violates any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty prescribed in Section 1-5 of the San Marcos Code of Ordinances.