m - City of New Braunfels

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~~ New Braunfels City Council Agenda Item Report
November 8, 2010
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Agenda Item No. lJ 4 .
Presenter/Contact- Shannon Mattingly, Planning Director
(830) 221-4055 - smattingly@nbtexas.org
SUBJECT: Discuss and consider the first reading of an ordinance amending Chapter 106,
Signs, of the Code of Ordinances by amending Section 106-3 to define mobile
billboards and amending off-premise sign definition to include mobile
billboards, and amending Section 106-11 to prohibit mobile billboards.
8ACKGROUND/RA TIONALE:
A new form of advertising began appearing in the City in early summer this year. It started
with panel trucks that have converted side panels that allow the signs on the side panels
to rotate; thereby, creating three sign faces per panel. The signs advertise a variety of
goods and services that are not provided by the owner of the truck nor offered on the
property they are parked on. Another advertiser appeared utilizing electronic message
boards attached to vehicles.
With the appearance of these new off-premise mobile signs Staff began rece1vmg
complaint calls. Staff researched the legality of said signs through the Sign Ordinance.
The current Sign Ordinance prohibits off-premise signs within the city limits and the ET J,
but it also exempts signs on operable vehicles. The signs also do not meet the definition
of portable signs.
The current Sign Ordinance is intended to prohibit the subject signs, but as written Staff
cannot enforce their removal. To address the conflict in the ordinance, the City Attorney's
office has drafted the attached revisions to the Sign Ordinance.
A public hearing was held at the October 11, 2010 City Council meeting and this item was
tabled until November 8, 2010.
Staff met with the owner and operator of the new mobile sign trucks regarding their
concerns with the proposed ordinance. They have two primary concerns. The first is
associated with equality of their operations compared to other mobile advertisements
located on taxis, buses/shuttles, etc. Staff agrees that case law would not support the
distinction between the two types of off-premise advertising and has removed the
exemption from the draft ordinance. Their second concern is associated with the amount
of time they will be allowed to continue to operate their mobile signs if the ordinance is
adopted. They would prefer to be allowed to operate their mobile signs in perpetuity. Staff
believes that a two (2) year amortization period is sufficient. This time period has been
utilized by other cities and is also supported in case law. The ordinance has been revised
to reflect this change as well.
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