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)