10-M-15-Painting Addresses on curbs ORDINANCE NO. 10-M-15
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, AMENDING
CHAPTER 78 OF THE CITY'S CODE OF ORDINANCES, DY
AMENDING SECTION 78-5 REGARDING THE PAINTING OF
RESIDENTS' ADDRESSES ON CURBS; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE AND SUCH CODE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Staff recommends the amendment of Section 78.5 of the City's
Code of Ordinances regarding address numbers on curbs of residences in the City; and
WHEREAS, the City Council has determined that such action is in the best interests of
the citizens of the City of Schertz.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Section 78-5 of the Code or Ordinances is hereby amended by the
modification of subsection (a) and the addition of new subsections (b)-(f) and the redesignation
of subsection (b) as subsection (g), to read as follows:
"Sec. 78-5 Painting or placing signs, poles, posts, etc., on streets and sidewalks.
(a) Except as set forth in subsection (b) below, it shall be unlawful for any
person to place or cause to be placed or paint or cause to be painted upon any sidewalk,
street, or in any public right-of--way within the corporate limits of the city any sign,
notice, pole, post, or any other structure.
(b) The painting of reflective address numbers on the curb in front of
residents' homes will be allowed (i) to assist emergency services (EMS, Fire, and Police
Departments) in quickly and safely locating callers with emergencies both day and night
and (ii) to assist delivery persons and visitors to easily find residents in the City.
(c) Persons soliciting to paint address numbers on the curbs in front of
residences must complete an application and obtain a permit from the City.
(i) The name, address, and telephone number of each individual who
will do such work must be listed on the application. A fee of $50.00 is required
for such a permit. The fee may be waived by the City Manager or his/her
designee for non-profit, tax-exempt groups including,- but not- limited to; Boy -
Scouts, Girl Scouts, sports leagues, civic groups, or church groups. A copy of any
document soliciting curb painting must be approved by the City Manager or
his/her designee. Such solicitation document shall include the following statement
(printed in boldface type, 12 point font or greater) "Painting address numbers
on the curb is optional and not required by the City of Schertz". A copy of
the solicitor's form and permit must be on file with the City.
Ordn 10-M-15.doc
(ii) The person performing the work must have the permit in his/her
possession. Only those persons listed on the permit may perform the work. No
permit may be transferred or assigned to another person or company without the
prior written consent of the City Manager or his/her designee.
(iii) A permit is valid for 90 days. Persons can re-apply in accordance
with City of Schertz Code of Ordinances, Chapter 62 -Peddlers and Solicitors.
(iv) No permit is required for a resident to paint the address of his/her
residence on the curb in front of his/her residence.
(d) All solicitors and residents must adhere to the following guidelines:
(i) Homeowners should consult their homeowner's association rules
(if applicable) before painting or authorizing any curb painting.
(ii) The address numbers must be painted white, 3 inches high,
centered within a 5 inch high, dark colored background. The numbers must be
painted with reflective paint. The background must be rectangular in shape and
not longer than 20". The address block must be placed within 6" of the driveway
apron on the curb or centered on the curb if there is no driveway.
(iii) Unacceptable work must be removed or corrected within 10
working days after receiving a citation from the City.
(e) Any painting of signs, symbols, or numerals properly performed under the
provisions of this section shall not be subject to the provisions of other ordinances of the
City of Schertz regulating signs.
(f) Any person who fails to comply with the provisions of subsections (b)-(e)
hereof shall be subject to the issuance of a citation and the payment of a fine. Each day
that such markings, paintings, or signs remain in place shall constitute a separate offense.
In addition to and cumulative thereof the City of Schertz, Texas shall also have the right
to seek an injunction to enjoin any violation of this section.
(g) It shall be the duty of the city manager or his/her designee to remove any
sign, pole, post, or other structure found in violation of this section."
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances or codes, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such
conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters
resolved herein.
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Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
PASSED ON FIRST READING, the 8th day June, 2010.
PASSED, APPROVED and ADOPTED ON SECOND RE SING, the 15th day of June,
2010.
Mayor, ity of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
(Seal of City)
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