Mobile.
The state of being in active, but not necessarily continuous, movement; capable of being moved and not permanently fixed or placed.
Mobile billboard.
Any vehicle for hire, including a trailer, with an illuminated or non-illuminated panel, board, screen, banner, flag, electronic device or any other type of appendage or feature, having the primary purpose to advertise, promote or draw attention to a product, service, event or other similar purpose.
Operator.
Any person or entity that owns or operates a mobile billboard.
(Ordinance 2015-O0093, sec. 1, adopted 9/10/2015)
(a) 
A mobile billboard may use the public right-of-way within the city limits as long as such mobile billboard:
(1) 
Remains mobile on a major thoroughfare, freeway, or expressway as defined by the city’s current thoroughfare plan;
(2) 
Does not emit any sound, odor, light, or visible matter which serves as a distraction to persons within the public right-of-way or which unreasonably disturbs or interferes with the sleep, peace, comfort, or repose of any person with ordinary sensibilities;
(3) 
Does not, by reason of its size, location, movement, content, coloring, or manner of illumination:
(A) 
Cause any person with ordinary sensibilities to confuse or construe it as a traffic-control sign, signal, device, or the light of an emergency or road equipment vehicle; or
(B) 
Hide from view any traffic or street sign, signal or device;
(4) 
Does not operate between the hours of 3:00 a.m. and 6:00 a.m.; and
(5) 
Is in compliance with all applicable registration, permitting and other regulations as required under the Texas Transportation Code, including any vehicle width, height, and weight restrictions; and
(6) 
Obtains an annual permit from the city secretary’s office.
(b) 
A mobile billboard may not be parked, driven, stationed or moving in any manner on private property within the city limits, unless such mobile billboard is parked or stationed out of view from any public right-of-way.
(c) 
If a mobile billboard utilizes an electronic message display, such electronic message display shall:
(1) 
Contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the mobile billboard structure, design, or pictorial segment of the mobile billboard, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity;
(2) 
Allow no more than 0.3 seconds between each static message displayed on the mobile billboard; and
(3) 
Display each static message for a minimum of 10 seconds.
(d) 
It shall be unlawful for any operator to transport members of the public as passengers in any mobile billboard.
(e) 
Any mobile billboard, as defined in this article, is specifically excluded from the regulation of advertising vehicles or trailers as provided in section 20.04.016 and section 40.04.005 of this code.
(Ordinance 2015-O0093, sec. 1, adopted 9/10/2015)
(a) 
In order to operate a mobile billboard within the public right-of-way open to vehicular traffic within the city limits, an operator shall obtain an annual permit from the city secretary’s office for each mobile billboard under the operator’s control. Such permit will remain effective for one (1) calendar year from its issue date.
(b) 
The city secretary will issue a mobile billboard permit to an operator upon the operator’s submission to the city secretary of:
(1) 
A completed mobile billboard application;
(2) 
A satisfactory inspection report from the fleet services department; and
(3) 
A two hundred dollar ($200.00) permit fee, unless otherwise set forth and established in the adopted annual budget.
(c) 
In order to receive a satisfactory inspection report from the fleet services department, a mobile billboard must:
(1) 
Weigh under twenty thousand (20,000) pounds;
(2) 
Be no more than fourteen feet (14') high as measured from the roadway to the highest point on the mobile billboard;
(3) 
Be no more than eight feet six inches (8'6") in width as measured by the distance between the outermost extensions on each side of the mobile billboard, excluding mirrors, lights and other devices required for safety;
(4) 
Be no more than forty-five feet (45') in length as measured by the distance between the front and rear of the mobile billboard;
(5) 
Be in compliance with all Texas Department of Transportation vehicle inspection and emissions requirements; and
(6) 
Not be considered a nuisance due to a lack of maintenance or a use of substandard material on any visible portion of the mobile billboard that could cause peeling or faded paint; rusting, warping, or cracking of display surfaces; or, any other type of visual defect that could promote unsafe operation of the mobile billboard.
(d) 
Upon issuance of a permit, the city secretary shall provide the operator a decal for each permitted mobile billboard. The operator shall display the decal on the front windshield of the permitted mobile billboard by placing the decal above the mobile billboard’s state-issued registration sticker
(e) 
Any permit issued to an operator for any mobile billboard shall be non-transferable.
(f) 
If the applicant is denied a permit, the applicant shall have the right to appeal to the permit and license appeal board within ten (10) days of the date of denial by the city secretary.
(Ordinance 2015-O0093, sec. 1, adopted 9/10/2015)
A violation of any provision of this article shall be deemed a misdemeanor punishable as provided by section 1.01.004 of this code.
(Ordinance 2015-O0093, sec. 1, adopted 9/10/2015)