§ 7-15. Advertising structure—Sports facilities.

(a)

It is unlawful for any person to erect, maintain, repair, suffer, permit, allow, or use an advertising structure at a sports facility:

(1)

That is constructed to exceed the dimensions approved for it by the city council as part of the permitting process;

(2)

That is higher than one hundred twenty-five (125) feet measured from the top of the structure to the ground or pavement directly below it;

(3)

That has a horizontal flat surface used for identifying the sports facility or for advertising that is greater than one hundred (100) feet in width, or has flat surfaces whose total height is greater than fifty (50) feet; or

(4)

That is constructed of combustible materials except that moldings, capping, stringers, and frames for metal faced sections may be of wood.

(b)

It is unlawful for any person to erect, repair, suffer, permit, allow, maintain, or use an advertising structure at a sports facility that does not have a permit issued for it by the director.

(c)

In order to obtain a permit, a person shall submit to the director:

(1)

A resolution or other adequate proof that the entity which owns the sports facility has approved the placement of the structure on its property;

(2)

Plans for the structure adequate for the director to determine whether the provisions of this chapter can be met;

(3)

Construction plans for the structure approved and sealed by a registered engineer attesting to the soundness of the proposed structure; and

(4)

A resolution from the city council showing that it approves the advertising structure.

(d)

Existing advertising structures at a sports facility may be modified to a digital display if a special sign permit is obtained from the city council that meets the following minimum performance standards:

(1)

Monopole design, with underground utility service and complementary architectural surround and appropriate landscaping;

(2)

The sign does not display any illumination by flashing, intermittent or moving lights; does not contain or display animated, moving video or scrolling elements; nor projects a static image upon a stationary object;

(3)

A sign face is only visible from one (1) direction of traffic;

(4)

Each message shall be displayed for at least eight (8) seconds and a change of message shall be accomplished within two (2) seconds or less;

(5)

A change of message must occur simultaneously on the entire sign face;

(6)

It contains a default design mechanism that freezes the sign in one (1) position if a malfunction occurs;

(7)

It will automatically adjust the intensity of its display brightness according to natural ambient light conditions;

(8)

The applicant shall provide a protocol acceptable to the chief of police for coordination with public safety authorities to display, when appropriate, emergency information important to the traveling public such as Amber Alerts, or homeland security and natural disaster alerts; and

(9)

The applicant shall provide contact information for a person who is available at any time and is able to turn off the sign promptly after malfunction occurs or reduce the intensity of the sign within one (1) hour of a request by the director or Texas Department of Transportation to a level acceptable to the department.

(Ord. No. 2009-9034, § 1, 1-8-09; Ord. No. 2009-9050, § 1, 2-19-09)