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HomeMy WebLinkAboutCity Council Resolutions (Resolution R-18-4219)-01/10/2018 RESOLUTION R-18-4219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS DESIGNATING ELECTIONEERING LOCATIONS AT AND ADJACENT TO THE COLLEYVILLE CITY HALL POLLING PLACE; PROVIDING FOR A MAP OF ELECTIONEERING LOCATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Texas Election Code, including Sections 61.003 and 85.036 therein, have been amended to require a public entity that controls or owns a building used as a polling place, to allow electioneering on the premises while polls are open subject to reasonable regulation; and WHEREAS, the term electioneering includes the posting, use, and/or distribution of political signs or literature on public property in connection with an election; and WHEREAS, Chapter 7 of the Colleyville Land Development Code presently regulates political signs on City-owned or controlled property, including City-owned polling locations for national, state, and local elections; and WHEREAS, the Colleyville City Hall is regularly used as a polling location for such elections; and WHEREAS, the City recently acquired additional real property adjacent to City Hall, thereby creating new public property immediately adjacent to the City Hall polling place; and WHEREAS, the City Council therefore desires to provide reasonable time, place, and manner regulations for electioneering on City-owned public property at or near City Hall; particularly given the fact that the property is simultaneously used for various other public purposes for which adequate and safe parking and access thereto must be maintained to ensure those facilities to continue to operate in a safe and effective manner for all members of the public; and WHEREAS, in order to further the general health, safety and welfare of the community, electioneering and/or political signs and literature should not be present outside at the time for voting except for a limited period to erect and remove the signs, and not be attached to City improvements and landscaping; and WHEREAS, the City Council further finds that the size of electioneering signs shall be limited and they should be set back from the public Resolution R-18-4219 Page 2 of 5 roadway in order to further traffic safety and remove visual clutter; and WHEREAS, the City Council has determined it in the best interest of the public to adopt a map identifying the electioneering locations established by this Resolution; and WHEREAS, the City Council finds that the adoption of these regulations is necessary to further the public health, safety, and welfare of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, THAT: Sec. 1. Title THAT this Resolution shall be informally titled and referred to as the "Resolution Regulating Electioneering at City Hall". Sec. 2. Electioneering Map THAT this Resolution shall be applicable solely to the City Hall polling place and the real property located adjacent thereto, as further depicted in the Electioneering Map attached hereto and incorporated herein as Exhibit A. Sec. 3. Purpose and Scope THAT the purpose of this Resolution is to provide reasonable time, place, and manner regulations for electioneering on City- owned or controlled public property when such property is used as an election polling place. The regulations contained herein are to mitigate against any safety concerns, prevent damage to public property, and ensure that the property is sufficiently available for its patrons who use the facilities other than for election purposes. This Resolution provides solely for the regulation of Electioneering and Political Signs (as these terms are defined herein) during an election in which the Colleyville City Hall is used as a polling place. This Resolution does not amend or replace any of the City's existing regulations governing the subject matter of this Resolution not in conflict herewith, and all such regulations shall remain in full force and effect. Sec. 4. Definitions THAT the following words and phrases as used in this Resolution shall have the meanings as set forth in this section: Resolution R-18-4219 Page 3 of 5 City Hall Polling Place means the Colleyville City Hall building located at 100 Main Street, inclusive of the tract of land on which said building is located, in conformance with the definition of a designated polling place provided in Chapter 43 of the Texas Election Code. Electioneering shall mean the posting, use, or distribution of political signs or literature. Electioneering Locations(s) means the locations on the premises of a City Hall Polling Place and adjacent tracts of land owned by the City that are designated by this Resolution as locations where electioneering may occur as further depicted in the map attached hereto as Exhibit A. Political Sign means a sign promoting the election of a candidate or political party, or approval or rejection of a measure. Voting Period shall mean: (1) with respect to early voting by personal appearance, the hour the polls are open for voting on the first day of the early voting period and ending when the polls close or the last voter has voted, whichever is later, on the last day of the early voting period; and (2) with respect to election day, the hour the polls are open for voting and ending when the polls close or the last voter has voted, whichever is later. Sec. 5. Electioneering Times and Locations THAT electioneering shall be permitted to occur at the City Hall polling place and the adjacent public property only during a voting period and only within the electioneering locations designated by this Resolution, as further depicted in Exhibit A. Sec. 6. Rules for Political Signs THAT no person shall place or affix a political sign on the premises of the City Hall polling place or adjacent City-owned public property except as follows: (1) Political signs may be placed or affixed only in an electioneering location established herein and only: Resolution R-18-4219 Page 4 of 5 (i) during the early voting period, the political sign was placed within an electioneering sign location during a period not earlier than one hour prior to the commencement of the voting period and not later than one hour after the end of the voting period; or (ii) on election day, the political sign was placed within an electioneering sign location during a period beginning at 12:01 a.m. prior to the commencement of the voting period and not later than Noon on the day after the end of the voting period. (2) Political signs for each candidate, political party, or measure shall have a sign face no larger than thirty-two (32) square feet on each side of the sign and be no taller than eight (8) feet in height from ground level. (3) Political signs placed in an electioneering sign location shall have no more than two (2) sign faces per sign. (4) Except as otherwise provided in this Resolution, all political signs must be placed or affixed in a manner that does not violate any other applicable state or local regulation, including the City's sign regulations contained in Chapter 7 of the City's Land Development Code. Sec. 7. Nothing in this Resolution shall be construed as authorizing electioneering within any area of the City-owned polling place that would violate any provision of the Texas Election Code. Sec. 8. THAT a copy of this Resolution and the electioneering location map attached hereto shall include the name of the election judge, once appointed, and be made available to the public in the office of the City Secretary. In addition, a copy of the electioneering map shall be posted at each public entrance of the City Hall polling location during the voting period. Sec. 9. THAT this Resolution shall take effect immediately upon passage. Resolution R-18-4219 Page 5 of 5 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF /AYES, 0NAYS AND Q ABSTENTIONS ON THIS THE 10TH DAY OF JANUARY 2018. Mayor Richard Newton aoic Mayor Pro Tern Bobby Lindamood a Place 1, Tammy Nakamura etio, Place 3, Kathy Wheat Place 4, George Dodson al f Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: ) CITY OF COLLEYVILLE (//f/t0-4t.e.., !jpAs2:eist--- Christine Loven, TRMC Richard Newton City Secretary Mayor Visibility Triangle Measurement rs �1, 'fir n '1 c''' a lr_ti Z } y' /fine' '''t. ` �' 25 ft. 1A. r` � �! .4.'�t., z r -~ +* Ii - - : S,,,,-.'' te: �.. 1 < a\\ir P ,�} !1 N, r--r rf v i1 ln. l s� . :`4. . 46...„ ,ie, , 1 1/sr...%‘'.%1:9A. TIP! I • 1 • l's Mt .: w • • i 4 r f r_Aitp•ri ,,,,,,. , , , ., , r _ al :. ... •111111 gill .r ',.: / IJ s--k17-- .t-, '_do.:;',--1........:1:5:3'....'.1_....,...a.-......"1.::3,•`..,1):'....".811.113114:::.."1:-_11:,:iii".6.1.::.:17...._.‘,1.4',..:' 4..,.41: ..r;.11.16....... ::.si �p _5 - t ' •L ' ",,,,L6,,,,.. ,.,,,,„,, r i . rimb "� mr - elk r" PIAll1/4.LN • • Z ,µ •f. 1 I _ - a pki, r ; .e :4 "*. i • _ T on —ti - . " c,TY O Electioneering Designations Electioneering Area Entrance 0 25 50 100 150 200 /' Electioneering Allowed `.1 Back Back Door ' — —Feet COLLEYVILLE Visibility Triangle(not allowed) ot N I W•� E l 1:' k A 5 100 ft.from Entrance Front Door1�f Created:1/22/2018 Election Judge Phone Date ls' Path:K:\Project\Project by Depamnent\CMO\Plectioneerina.mxd