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HomeMy WebLinkAboutCity Council Resolutions (Resolution R-20-4539)-10/06/2020RESOLUTION R-20-4539 AMENDING RESOLUTION R-20-4515 DESIGNATING ELECTIONEERING LOCATIONS AT AND ADJACENT TO THE COLLEYVILLE CITY HALL/LIBRARY POLLING PLACE; PROVIDING FOR A MAP OF THE ELECTIONEERING LOCATIONS; PROVIDING FOR ELECTIONEERING AT SAID 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 time, place and manner regulations adopted by the public entity; and WHEREAS, this Resolution affects only those certain areas of City owned public property defined herein in connection with general and special elections for which the property is a designated polling location; and WHEREAS, the herein defined public property is regularly used for various public events and other purposes for which it is imperative that adequate open space, ingress and egress access points, and public parking facilities must be maintained to ensure those areas continue to operate in a safe and effective manner for all members of the public; and WHEREAS, the City Council has designated the recently developed area within the Colleyville Plaza as a City owned park and limited public forum; and WHEREAS, the City Council has thoroughly reviewed the regulations contained herein, including conducting public hearings and consultations with city staff, to ensure that each individual regulation is narrowly tailored to be the least restrictive means necessary to accomplish the specific needs of the City to administer elections held at the City Hall/Library polling location; including, but not limited to, (i) the safety of vehicles and pedestrians (including, voters, electioneers, election workers and volunteers, City Hall and library patrons, children attending field trips and clubs on the premises, public event invitees, and the general public), (ii) the prevention of damage to public property, and (iii) to ensure that the limited area of accessible public property available within and adjacent to the polling place is utilized to provide the maximum amount of space for electioneering while preserving sufficient area Resolution R-20-4539 Page 2 of 3 available for ingress and egress necessary for the voters and general public using the facilities; 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 and density of electioneering signs shall be regulated to preserve the safety and welfare of the general public; and, further that said signs should be located a reasonable distance from public roadways in order to adequately provide for the safety of pedestrians and traffic within and surrounding the City Hall polling location; and WHEREAS, the City Council has determined it is in the best interest of the public to adopt Electioneering Regulations and an Electioneering Map identifying the electioneering locations that are the subject of this Resolution and applicable thereto, copies of which are incorporated herein and attached as Exhibits "A" and "B" respectively; and WHEREAS, Governor Greg Abbott has issued a State of Disaster in response to the current COVID-19 pandemic, which is still in effect as of the effective date of these regulations and is anticipated to remain in effect throughout the current state and federal election periods; and WHEREAS, in conformance with state law and the City Charter, the Mayor has issued a local declaration of emergency by proclamation adopting local health and safety regulations in conformance with Governor Abbott's current disaster orders to further protect the health, safety and welfare of the local community; and WHEREAS, in addition to the other purposes stated herein, the regulations contained herein are presently necessary to ensure that all persons engaging in electioneering within the geographically limited area of the City Hall/Library polling location are provided an opportunity to electioneer safely during the current pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Resolution R-20-4539 Page 3 of 3 Sec. 1. THAT Resolution R-20-4515 is hereby amended by adoption of the Electioneering Regulations attached as Exhibit "A" and Electioneering Map attached as Exhibit "B", both of which are amended and restated in their entirety herein. Sec. 2. THAT the Electioneering Regulations attached as Exhibit "A" and an Electioneering Map attached as Exhibit "B" are approved as part of this Resolution and may be further amended as deemed necessary by the City Council. Sec.3 THAT 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 or other applicable law. Sec. 4. THAT a copy of this Resolution and the Electioneering Map shall 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/Library polling location during the voting period. Sec. 5. THAT this Resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF I AYES, Q NAYS, ON THIS THE 6T" DAY OF OCTOBER 2020. Mayor Richard Newton P ye, Mayor Pro Tern Bobby Lindamood Place 1, Tammy Nakamura ayf- Place 3, Kathy Wheat JIVE - Place 4, George Dodson Oyf- Place 5, Chuck Kelley OL-_ Place 6, Callie Rigney - ATTEST: Christine Loven, TRMC City Secretary Sch arOYVILLE RiNewton Mayor EXHIBIT "A" City of Colleyville City Hall/Library Polling Place Electioneering Regulations Effective October 6, 2020 - Resolution R-20-4539 Purpose and Scone The purpose of the City of Colleyville Electioneering Regulations "Regulations" are 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 City Council has thoroughly reviewed the regulations contained herein, including public hearings and consultation with city staff, to ensure that each individual regulation is narrowly tailored to be the least restrictive means necessary to accomplish the specific needs of the City to administer elections held at the City Hall/Library polling location; including, but not limited to, (i) the safety of vehicles and pedestrians (including, voters, electioneers, election workers and volunteers, City Hall and library patrons, children attending field trips and clubs on the premises, public event invitees, and the general public), (ii) the prevention of damage to public property, and (iii) to ensure that the limited area of accessible public property available within and adjacent to the polling place is utilized to provide the maximum amount of space for electioneering while preserving sufficient area available for ingress and egress necessary for the voters and general public using the facilities The Regulations provide solely for the regulation of Electioneering and Political Signs (as these terms are defined herein) during an election in which the Colleyville City Hall/Library is used as a polling place. These Regulations are not intended to amend or replace any of the City's existing regulations governing the subject matters herein, provided the same are not in conflict herewith, and all such regulations shall remain in full force and effect. Definitions The following words and phrases as used and shall have the meanings as set forth in this section: City Hall/Library Polling Place means the Colleyville City Hall or Library building located at 100-110 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, clothing, badges, or literature. Nothing contained herein prevents the wearing of clothing, badges, or political symbols outside the 100 foot marker. Electioneering Locations(s) means the locations on the premises of a City Hall/Library Polling Place and all immediately adjacent tracts of land owned by the City that are designated as the location where electioneering may occur. Electioneering is never permitted to impede traffic movements or parking in City owned parking lots, inside or outside the 100 foot markers. All electioneering must remain within the designated electioneering locations, as further depicted 1 in the current City Hall/Library electioneering map, which may be updated by resolution of the City Council. 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. Electioneering Times and Locations Electioneering shall be permitted to occur at the City Hall/Library polling place and the adjacent public property only during a voting period and only within the electioneering location(s) designated in the current electioneering map approved by the City Council. General Information and Rules The electioneering area is situated upon public land maintained by the City of Colleyville and is regularly irrigated on a timed overnight cycle water sprinkler device (rising and spraying water above -ground). Public trash receptacles are to remain as placed. Motor vehicles are not allowed to be parked where parking is prohibited within the electioneering area. No personal property or electioneering paraphernalia, with the exception of signs, tents, and canopies, may be left on the premises overnight. No electricity or water will be provided in the electioneering area. No security will be provided to the electioneering area. The City is not responsible for any items of personal property brought onto the premises and is not subject to liability for damage, alteration, theft and/or destruction of personal property, whether attended or unattended, within the premises at any time. The City is further not subject to liability for injury to persons or property arising out of the same. Political Signs 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: 2 (1) Political signs may be placed or affixed only in the electioneering location(s) established herein; provided, that political signs may be placed within an electioneering sign location during a period not earlier than 24 hours prior to the commencement of the early voting period and must be removed not later than 10:00 a.m. on the day after Election Day when City Hall/Library is an Election Day polling location. (2) Large signs having a sign face no larger than thirty-two (32) square feet and be no taller than eight (8) feet in height from ground level shall be permitted in the designated electioneering location. Only one large sign may be attached to any single canopy or tent located within the designated electioneering locations. Large signs may also be placed on the ground, secured with weights, but may not be staked in the ground, or attached to a vehicle and parked in a City owned facility parking lot, inside or immediately outside the 100 foot markers, unless designated on the electioneering map which may be updated by resolution enacted by the City Council. No large sign shall be placed or erected within 20 feet of another large sign already located in the designated electioneering location. (3) 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 (available online at www.colleyville.com), and shall not be placed upon any publicly owned property adjacent to the City Hall/Library polling place (outside of the current electioneering map area(s)), except as otherwise provided herein. (4) In addition, Political signs: • shall not be permitted in any form, on any City owned facility parking lot, or attached to a vehicle and parked in a City owned facility parking lot, inside or immediately outside the 100 foot markers, unless designated in the electioneering map which may be updated and approved by resolution enacted by the City Council • shall not be attached to any utility, light, or traffic signal pole • shall not be illuminated • shall not have more than two (2) sign faces per sign • may be placed in the perimeter landscaped area on the subject property being used as a polling location in accordance with Texas Election Code • shall not exceed four (4) square feet in area, except as otherwise permitted herein • shall be attached to a metal stake, not to exceed a 9 gauge diameter, driven into the ground (excluding large signs) • shall not encroach upon any tree roots, irrigation lines, and any other underground vegetation, or structure • shall not extend over any sidewalk, street, or driveway 3 Canopies or Tents Canopies or tents are allowed only in the designated areas, during a period not earlier than 24 hours prior to the commencement of the early voting period and must be removed not later than 10:00 a.m. on the day after Election Day when City Hall/Library is an Election Day polling location. Canopies and tents may not be located within a public parking lot open to vehicular traffic, landscaped island, or sidewalk, and may not exceed 10 feet x 12 feet (LxW) in size. A minimal distance of 20 feet between each tent or canopy shall be maintained. Enforcement The Colleyville City Secretary, Code Enforcement Department, and Election Judge shall responsibly provide for the enforcement of these Regulations and Texas Election Code. To contact the City Secretary call 817.503.1130; Code Enforcement Department call 817-503-1268. 0 r F Tw'&'f/y'. a. 255 ft. d{ i_G" iS' .-_k:.-p04..- y..::.. .• i/ • �`y 25 ft. x > >'4 t Y V y. .i. o O .n, a = o m o a c a 0 3 d>1 o 4.a♦. _. _, i�' Electioneering Designated' Signs/canopies/tents allowed per �t ■ 'EN '■,"■■ jail , �V'' Signage not allowed in landscaped t medians, or tree medians, do not impede traffic flow or block pedestrian walkways or roads a , Uri s , H ctT\ op Electioneering Designations Library Entrance w �3;>E � COLLEYVILLE 100 ft. from Entrance Allow Electioneering Exhibit °B° Election Jude Phone Date Created: 9/1/2020 9 - No Electioneering Path: K:\Projed\Project by Department\CMO\Election\Electioneering lib2.