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.
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