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Ord 159 Regulating Outdoor Signage Advertising ORDINANCE NO. 159 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, PROVIDING FOR THE COMPREHENSIVE REGULATION OF OUTDOOR ADVERTISING, SPECIFICALLY TO INCLUDE THE ERECTION, STRUCTURAL ALTERATION AND MAINTENANCE OF ALL TYPES OF BILLBOARDS, SIGNS, BILLS, POSTERS AND OTHER OUTDOOR ADVERTISING MATERIAL, WITHIN THE CORPORATE LIMITS OF THE TOWN; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the comprehensive regulation of outdoor advertising within the corporate' limits of the Town is necessary to protect and enhance the health, safety and welfare of the general public; and WHEREAS, it is intended that these regulations be compatible with federal and state law, specifically including without limitation the Federal Highway Beautification Act of 1965, as amended (Public Law 89-285), and the Texas Highway Beautification Act of 1972 (V.A.C.S., Art. 6674 v-1 , Sections 1-15). NOW, THEREFORE: BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART I. That the Town hereby adopts this comprehensive regulation of outdoor advertising which consists of Sections 1 -23 which shall hereinafter read as follows: Section 1 . Definitions. For the purposes of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless the context requires a different definition: Advertise: The act of directing attention. Advertising searchlight: An outdoor advertising device used to direct beams of light upward. Banner sign: Any advertising device composed primarily of cloth, paper, fabric, or other similar nonrigid material, supported by wire, rope, or similar means, displayed on private property, not including decorative streamers with no lettering thereon. National and state flags and banners not used for commercial purposes when located wholly on private property shall not be considered as signs for the purposes of this Ordinance. Berm or low profile sign: Any sign with all components permanently affixed, and if illuminated, permanently wired for lighting, with the copy bearing portion of the structure and/or embellishments beginning at grade, or within six (6) inches of grade. Billboard: Any flat surface erected on a framework or on any structure, or attached to posts and used for, or designed to be used for the display of bills, posters or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the said advertising material. Mobile advertising, hand-carried signs, and political signs shall not be considered a billboard for purposes of this Ordinance. Changeable copy sign: A sign specifically designed for periodic changes in its advertising message, i.e., reader boards, theater marquees, and billboard signs. Display case: A case, cabinet or other device having a window of glass or other transparent material, or other opening, access to which is made from other than within a structure or building. Double pole structure: Any structure using two (2) single poles to support a sign, with any two (2) poles being separated a minimum distance of thirty-six (36) inches. Pole embellishments of any kind shall not be a part of a pole or poles; however, minimal structurally designed cross-bracing may be included with poles. 2 Electric sign: Any sign which utilizes electricity in its operation. Erect: To construct, build, raise, assemble, emplace, affix, attach, create, paint, draw or in any other way bring into being or establish. Facade: The front facing wall of a building and shall include any special architectural features. The term facade shall not include any lateral extension of the front building wall to create a larger facing area, and it shall not include any roofing area designed to weatherize the interior of the structure. Federal aid primary system: Any highway which is a portion of the federal aid primary highway system as defined in, and designated pursuant to, Title 23 of the United States Code. The term "primary system" may be used herein interchangeably with the term "federal aid primary system." Glass sign: Any sign having letters or designs painted, stamped or applied on glass, or metal tracery of letters or designs filled with glass, or metallic surfaces enameled with glass or vitreous substance. Hand-carried sign: Any picket, poster, sandwich sign, or other advertising or message carrying device which is carried on one's person. Highway control zone: An area on either side of any federal aid primary system, which is within six hundred and sixty (660) feet of the nearest edge of the right-of-way of said highway, and as to outdoor advertising, to be within the highway control zone, the advertising material must be visible from the main traveled way of said highway. Landowner: The term "landowner" shall include any person having the right of possession of real property. If that person is a corporate entity, the term "landowner" includes the executive officer of the corporation. The term "owner" may be used interchangeably 3 herein with the term "landowner" when it refers to the right of possession of real property. Maintain: To allow to continue or exist. Maintenance: The act of periodic repair. Mobile advertising: Any visual advertising device placed on a merchandising rack, stand or cart, or on a vehicle or trailer, which vehicle or trailer is used primarily for transporting persons or goods other than the outdoor advertising device. Off-premise sign: Any outdoor advertising device directing attention to any business, product, service or activity not offered, sold or conducted upon the same premises where such advertising is located. On-premise sign: Any outdoor advertising device pertaining to an activity, product, or business conducted or sold at the location on which the sign is located. Outdoor advertising: Any means of visual advertising located outdoors, set, placed or affixed to a structure, post or real estate, to include, but not limited to signs, temporary mobile signs, private directional signs, regardless of the content of the message or wording thereon, billboards, and posters. Political signs, except as expressly provided herein, mobile advertising, hand-carried signs, and vending machine signs, shall not be considered outdoor advertising for purposes of this Ordinance. Permit: A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specific billboard, sign or other outdoor advertising, within the corporate limits of the Town. Pole sign: Any free-standing, permanent, on-premise sign supported from the ground up by upright structural members. 4 Political sign: Any device announcing or promoting the candidacy of one or more persons for elective public office, or concerning any political issue appearing or which is to appear on the ballot in any public election. Private directional sign: A sign not erected by or under authority of any governmental agency, which contains only information designed to direct pedestrian or vehicular traffic and which contains no advertising material or business name. Examples of private directional signs include signs bearing only the word "entrance" or "exit," located on or near a parking lot. No sign which contains the name of a business or activity, or any other advertising material, shall be considered a private directional sign, even though such sign may also contain the word "entrance" or "exit." A sign containing the word "parking" at any parking lot where any person is charged any fee or other monetary consideration for parking shall be considered an advertising sign, not a private directional sign. Programmed electronic displays: Any display in which lamps are used to give time, temperature, stock market or similar information or can be electronically programmed to deliver more than five (5) different messages. Sign: Any device or surface on which letters, illustrations, designs, figures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered signs for purposes of this Ordinance, regardless of the content of the message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand-carried signs, vending machine signs, each as defined in this section, shall not be considered signs for purposes of this Ordinance. Sign structure: Any portion of an advertising device inclusive of its supports, or any device solely designed for carrying an advertising message. 5 Single pole structure: A single pole structure shall mean any singular vertical structural member supporting a horizontal sign structural members or a sign. A single pole shall not be greater in dimension than twelve (12) inches, unless structural design necessitates. Show window: A window or opening in the walls of a structure or building used for commercial purposes, the area behind such window or opening being accessible only from within the structure or building of which it is a part or attached to. Sky sign: Any sign supported or attached wholly or in part over or above any wall, building or structure. Street banner: Any commercial or noncommercial flag or banner hung or suspended over any public street or public property. Structurally alter: To change the form, shape or size of an existing sign or any supportive or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. Structurally repair: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Swinging sign: Any sign so hung or constructed that any part thereof can swing. Temporary mobile sign: A freestanding and portable sign, not to be left in place more than thirty (30) days at one location; this definition includes signs attached to trailers which are not "mobile advertising" as defined in this section. Vending machine sign: Advertising material affixed to a coin-operated vending device, which advertising pertains only to the goods or services sold or dispensed by the vending device to which it is attached. 6 Visible: When used in connection with visibility of a sign from a highway, the term "visible" shall mean that the advertising material is visible from said highway; if a sign is located within six hundred and sixty (660) feet of a highway, but is so situated that it is readable only from another street, and not readable from the highway, it shall not be considered to be visible from the highway even though the structure supporting the sign can be seen from the highway. Section 2. General Provisions. It shall be unlawful for any landowner, tenant, contractor or other person having responsibility or control of any premises, to suffer, permit or allow placement, erection or maintenance of any sign or display case of any type within this Town other than publicly-maintained street or directional signs, except as specifically provided for in this Ordinance. Section 3. Interpretation. Nothing herein shall be construed to give the right to any person to erect or maintain any outdoor advertising in any zone or district of the Town wherein the particular form of outdoor advertising is prohibited by deed restrictions, zoning or other ordinances, state or federal law or regulations. Section 4. Projection Over Public Property or Public Way. No sign shall extend over public property or public right-of-way. Section 5. Signs Necessitated by Considerations of Health Welfare and Safetv. Whenever unusual circumstances arising out of unique conditions surrounding a building site or caused by its occupancy give rise to problems of health, safety and welfare that could be substantially alleviated by the use of a sign, such sign as may be necessary for the purpose involved, may be temporarily erected upon approval of the Building Official or a designated representative. Such 7 approval shall be temporarily given at the time an application is made to the Town. Such temporary approval shall be granted only for the time period necessary for the routine approval or disapproval of the sign by the Board of Aldermen. Such signs shall be restricted to the minimum area necessary to accomplish the purpose for such signs. Section 6. Alarm Device Signs. It is essential that when alarm devices are installed on residential or commercial buildings that identification be given as to the company, person, representative or agency to be contacted in case of its activation. Only one such sign shall be allowed for each system installed and the sign area shall be limited to 140 square inches, except additional signs may be permitted by the Board of Aldermen upon application, only when such signs are found by the Board to be necessary for the safety and welfare of the occupants or property involved. Section 7. Construction Signs. Whenever a building permit has been issued for the construction, alteration or repair of a structure, and work is in progress on the site pursuant to such permit, contractors or architects engaged in such work during the time such work is going on, may display on the site their sign, which may be either made of materials permitted for permanent or temporary signs as prescribed in this Ordinance, provided, however, that the following area requirements are complied with: 1 . No such individual sign displayed on the building site shall be of an area larger than twenty (20) square feet. 2. No individual contractor or architect shall display more than one sign on any building site at any given time. 3. The total area of construction signs displayed at any one time on the building site, considered together, shall not exceed thirty (30) square feet. 8 Section 8. Temporary Sign Regulations. Temporary signs are such signs as may be needed from time to time to indicate that the premises are for sale or for rent. Such signs shall be limited to one (1 ) such sign for each property frontage involved and no single sign shall exceed twenty (20) square feet in area or contain lettering exceeding twelve (12) inches in height. Such signs shall contain only the following information: 1 . That the property is for sale, lease or exchange by the owner or his agent. 2. The owner's or agent's name. 3. The owner's or agent's address and telephone number. 4. When appropriate to the occasion, the words "open house" or "inquire within." Such signs shall not be located on or over public property and may only be displayed on the property that is for sale, exchange or lease. Temporary signs may be made of the same material permitted for permanent signs, and in addition, may be made of less durable materials and woods such as pasteboard; but in no event shall be self-illuminated, luminescent, fluorescent, or have any characteristic which will make them glow or shine. Such signs shall be removed upon agreement of sale, exchange or lease. Section 9. Removal of Sign and Display Cases. Signs or display cases which have been abandoned due to a closing of a business, a change in business name or for any other reason rendering the sign or display case not applicable to the property involved, shall be removed by the permit holder or the owner of the building or premises within ten (10) days from the date of the action that caused the sign or display case to be considered abandoned. A condition of approval for all signs or display cases shall be that permit holder or owner of the building of premises, at his own expense, remove all signs or display cases. An abandoned sign or 9 display case may be removed by the Town after the ten (10) day period stated above, and the permit holder or owner may be charged for the cost of removal. New signs for a building or property on which an abandoned sign is located shall not be approved until the abandoned sign is removed. Approval may be given on the condition that the abandoned sign is removed before a new sign is erected. The Board of Aldermen shall hold a hearing to determine when a sign or display case is abandoned. Ten (10) days written notice of the hearing shall be sent by certified mail to the permit holder at his last known address, and to any other address at which there is reason to believe he might receive mail, and to the owner at his address. Said notice shall state: 1 . A general description of the sign or display case. 2. That upon a finding of abandonment, the sign or display case shall be held by the Town for fifteen (15) days and then disposed of by sale if determined to be of a value of $100.00 or more, or disposed of in any manner if worth less than $100.00. 3. Where the sign or display case may be reclaimed. 4. That the reasonable costs of removal may be assessed at the hearing along with an administrative charge. 5. That the hearing and assessments can be avoided by the removal of the sign or display case within seventy-two (72) hours after the date of the notice. The Board of Aldermen shall determine the reasonable cost to the Town of removing the sign or display case and if an administrative charge should be assessed. Administrative costs shall be $25.00 unless otherwise determined by resolution of the Board. Proceeds shall be first applied to pay assessed costs, administrative costs, and other costs reasonable incurred. 10 Section 10. Time Limitation of Approved Applications. Approved applications for signs or display cases shall be considered null and void when any of the conditions below are found to exist: 1 . That such sign or display case was not built or placed in accordance with the approval granted. 2. That the sign or display case was not placed on the site within ninety (90) days of approval and no extension of time has been granted by the approving body. 3. That the business license has lapsed or became inactive or the sign considered abandoned as described in Section 9 of this Ordinance. Section 11. Signs and Display Cases Within the Commercial Districts. All signs or display cases are prohibited in the commercial district unless a written permit is obtained from the Town authorizing such sign or display case. The Building Official or a designated representative may, subject to the standards set forth in this Ordinance, temporarily approve any signed application. Such approval shall expire at the next meeting of the Board of Aldermen. All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The following regulations shall apply within the commercial districts. (a) Prohibited signs and display cases. No sign or display case shall be permitted that: 1 . Does not pertain to a commercial use on the site. 2. Is incompatible in design with the building and space allotted. 11 3. Is flashing, illuminated, phosphorescent, moving or primarily glossy. 4. Contains lettering exceeding twelve (12) inches in height. 5. If attached to any structure, projects or extends above the eave or parapet line thereof. 6. Is for a business which does not have an active business license on file with the Town. 7. Exceeds twenty-four (24) square feet in area. 8. Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the Town, affects the peace, health and welfare of the community or results in a degradation of property values and/or an increase in the cost of municipal services. (b) Maximum allowable sign area. The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district. 1 . A building with forty (40) feet or less frontage on a public way, shall not exceed sixteen (16) square feet of exterior signs and ten (10) square feet of interior signs. 2. A building with frontage greater than forty (40) feet on a public way, shall not exceed four (4) square feet of signs for each ten (10) feet of frontage or major fraction thereof, up to a maximum of twenty-four (24) square feet for exterior and twenty (20) square feet of interior signs. 3. A building with frontage on more than one public way, shall not exceed four square feet of signs for each ten (10) feet of frontage on any building face for both 12 interior and exterior signs, up to a maximum of twenty (20) square feet unless the building elects not to place signs on one of the faces in which event the provisions of 2. above will apply. 4. A building designed in such a way as to have business locations within the interior of the structure served by an interior mall or by other means of ingress and egress by the public shall be limited to one (1 ) sign at each entry identifying the building or mall name and a directory which may contain the names of all businesses within the building. Individual businesses within the building shall be limited to one (1) overhanging sign not to exceed three (3) square feet in area or one (1) flat sign not to exceed six (6) square feet in area when approved by the Board of Aldermen. Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual signs within the mall or walkway area of the building other than as permitted above. 5. The Board of Aldermen may make special exemptions to the above allowable areas where hardship is incurred or where unusual design of a building requires special consideration. (c) Signs exempt from formal review. 1 . Interior signs of one hundred and sixty (160) square inches or less when the aggregate area does not exceed that allowable for interior signs. 2. Temporary signs as provided for in this Ordinance. 3. Political signs so long as they do not exceed the maximum square footage provisions of this Section. Thirty (30) days after the election, which includes any 13 run off election, all political signs pertaining to such election shall be removed or be subject to removal by the Town pursuant to the provisions of this Ordinance. (d) Sian area. In calculating the area of signs, the following shall apply: 1 . All faces of a multifaced sign shall be included except for double-faced signs in which case only one face shall be included. 2. For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign. 3. That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or other wise, but exclusive of the brackets from which the sign is hung. (e) Standards for display cases. 1 . All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. 2. Display cases shall not exceed ten (10) square feet in area or ten (10) cubic feet in total volume. 3. Display cases shall contain but one sign no larger than necessary to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed twenty four (24) square inches. 4. Display cases shall be located on the same property as the business premises to which the display case applies. 14 5. All display cases shall be maintained in accordance with the approval granted for their placement. 6. Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. Section 12. Signs Within the Residential Districts. It is recognized that no house numbering system exists in most parts of Westlake, and house signs featuring either the name of the house or the name of the occupant, or both, have historically served a necessary function in locating residences and their occupants by a method deemed preferable to a house numbering system. It is further recognized that there are other situations wherein the use of signs by property owners in the residential district is deemed appropriate; such signs, however, to be subordinate to the primary signs naming the house or occupants. To provide appropriate regulation of such signs, this section is enacted. The following regulations shall apply to all signs in the residential districts: (a) Prohibited signs. 1 . Self-illuminated, luminescent, fluorescent or have any characteristic which makes them glow or shine. 2. House name signs and occupant name plates exceeding two (2) square feet each in area and "No Handbills Allowed" or "No Soliciting Allowed" signs exeeding 2" x 12". 3. Signs other than temporary signs described elsewhere in this Ordinance, which are made of cardboard or less permanent material. 15 4. Permanent signs exceeding an aggregate area of four (4) square feet when not otherwise authorized through a use permit. 5. Temporary signs which: a. Exceed four (4) square feet in area. b. Have letters exceeding four (4) inches in height. c. Total more than two (2) such signs on a single family building site. 6. Construction signs exceeding that allowable under this Ordinance. 7. Any sign not expressly allowed in this Ordinance. (b) Allowable signs. 1 . House name signs and occupants' name plates. House name signs and occupants' name plates are those signs which, by their nature and wording, identify either the house or its occupant, or both, and which essentially take the place of house numbers. Such signs may include pictorial and decorative designs as well as words, and may be in any shape or form, but shall not exceed four (4) square feet in area. The name of a ranch or farm when incorporated into an entranceway or gate to the property is exempt from these provisions if such has been approved by the Board of Aldermen. The names or designs denoting ranches in existence at the time of the passage of this Ordinance are exempt from the provisions of this Ordinance. 16 2. Home occupation signs. Home occupation signs are those signs designating a permitted home occupation in the residential district being carried on at the site. The legend designating the home occupation may be merged with house names or occupant's type sign, thus constituting one sign; or may, at the occupant's option, be stated on a separate sign, providing however, that such separate sign shall not exceed an area of two (2) square feet. 3. Temporary signs. Temporary signs, as provided for in this Ordinance. In addition, one garage sale, rummage sale or estate sale sign not exceeding three (3) square feet or having letters exceeding three (3) inches in height may be displayed on the site during the hours of the sale. 4. Political sions. Political signs may be placed on the property provided they do not exceed four (4) square feet in area provided that: a. No political sign may be placed in the public roadway or easement adjacent to such roadway or placed in any location which would cause a traffic hazard by obscuring or in any manner blocking the vision of any driver of a vehicle using the public street or entering any such street. b. Thirty (30) days after the election, which includes any run off election, all political signs pertaining to such election shall be removed or be subject to removal by the Town pursuant to the provisions of this Ordinance. 17 Section 13. General Construction Requirements. (a) All signs shall be constructed and supported to withstand a horizontal pressure of thirty (30) pounds for every square foot of exposed surface. All structural members, hangers, braces, tie rods, cables, anchors and fastenings shall be of sufficient strength to withstand the stresses that may be brought upon them with a factor of safety of six (6). (b) Signs weighing twenty (20) pounds or less attached to the wall of a building may have the cable or wire hanger anchored with an expansion shield and bolt; provided, that the wall is sound and the projection of the sign is not excessive in relation to the size of the wall and pitch of the hanger. Wall anchors for guy cable or wires for such signs shall be expansion shields and bolts or through bolts fastened on the opposite side of the wall. No staples or nails shall be used for anchoring any guy wire or cable. (c) Where signs and sign frames are supported or suspended with chains or wire, chains or wire of not less than No. 8 B & B standard gauge shall be used. Chain supports shall have welded links of not less than three-sixteenths of an inch in diameter. No cable shall be tied or loosely twisted around any anchor or any other support, but shall be properly sized around the anchor or joined into a loop and the loose end fastened to the standing part of the cable with approved clips or clamps. Where signs are bolted to supports, the bolts shall be supplied with lock nuts. All cable and wire used in hanging signs shall be galvanized. All other supports and exposed structural parts shall be maintained in a safe condition at all times and kept in good condition and repair. Section 14. Sians Erected Upon or Anchored to Fire Wall or Coping. No sign shall be erected upon the fire wall or coping of any building unless such wall is especially designed to carry the additional load. No sign shall be anchored to such wall, but shall be attached to and supported by other structural parts of the building. 18 Section 15. Glazing: Strength of Glass. The glazing of signs shall be done in a substantial manner. Glass shall be well bedded in putty and secured in substantial frames of copper or zinc tracery. Glass may be plate or double strength. In no case shall glass less than one-eighth of an inch in thickness be used. No single light of plate glass shall exceed six hundred (600) square inches in area. No light of double strength glass shall exceed two hundred (200) square inches in area. Section 16. Obstruction of Liahtina and Utilities. No outside advertising shall be so placed as to appreciably obstruct the lighting of any street, alley or public property, or interfere with any public utility service or traffic-control device. Section 17. Obstructing Fire Escapes Prohibited. No sign of any kind shall be placed in any position in such a manner as to obstruct any fire escape, door, window or other passageway leading to a fire escape or to a street exit, nor shall a sign be fastened in any manner to a fire escape. Section 18. Swinaina Signs. No swinging signs shall be constructed, placed, maintained, or altered over public property. Section 19. Placement on Another's Property. It shall be unlawful for any person to post, paint or otherwise exhibit any billboard, advertisement, poster, bill or other notice or sign, on any property not owned or controlled by him, without the permission of the person owning or controlling said property. 19 Section 20. Placement on Vehicles. It shall be unlawful for any person to place or cause to be placed anywhere in the Town, any poster, placard, handbill, or advertising material on any vehicle, or in any location, in such a manner that the same may reasonably be expected to be blown about by the wind. It shall be presumed that the person's name that appears on said poster, placard, handbill, or advertising material has knowledge of the location and manner that said item was placed. It shall be further presumed that if a large number of said items are found scattered about and being blown about by the wind that the items were placed in such a manner that they might reasonably be expected to be blown about by the wind. Section 21 . Placement of Outdoor Advertising on Trees Rocks etc. It shall be unlawful for any person to erect, maintain or paint any sign, billboard or other outdoor advertising upon a tree, rock or other natural feature. Section 22. Prohibited Advertisina Devices. The following types of signs and advertising devices are not permitted within the corporate limits of Westlake: 1 . Advertising searchlights. 2. All off-premises commercial signs and billboards. 3. Any signs on a single or double pole structure that extend into the air more than twenty (20) feet as measured from the top of the structure to the grade under the sign. 4. Sky signs. 5. Street banners. 6. Off premises banners. 20 7. Sandwich or "A-frame" signs. 8. Sidewalk or curb signs. 9. Tethered pilotless balloons or other gas-filled advertising devices. 10. Signs placed on vehicles and used as stationary advertising devices. 11 . Mobile advertising. Section 23. Functions of the Board of Aldermen. The Board of Aldermen will review all applications for signs and display cases, grant or deny said applications, and issue sign permits. In reviewing said applications, the Board will uphold the provisions of this Ordinance; will assure that the signs will be compatible with the property and use thereof, and will not create hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the stability and value of property, or produce degeneration of property with attendant deterioration of conditions affecting the peace, health and welfare of the Town. PART II. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PART III. It is hereby declared to be the intention of the Town Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared 21 void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconsti- tutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. PART IV. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. �i PASSED AND APPROVED this theday of 1987. Dale White, Mayor Town of Westlake, Texas ATTEST: G,eiry White, Town Secretary T wn of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. ]sham, Town Attorney Town of Westlake, Texas 02/120 22