The purpose of this division is to provide reasonable regulations
for electioneering on city owned or controlled property when such
property is used as an election polling place. The regulations contained
herein are intended to mitigate safety risks, prevent damage to public
property and ensure that the public property is sufficiently available
for its patrons and city employees and staff who use the facilities
other than for election purposes.
(Ordinance 20-859, sec. 2, adopted 1/23/20)
The following words and phrases used in this division shall
have the meanings as set forth in this section:
means the posting, use, or distribution of political signs
or literature, including the use of tents, chairs, booths, tables
or other furniture or devices to post, use or distribute political
signs or literature.
is the area within which Texas Election Code section 85.036(a)
prohibits electioneering during the time an early voting or voting
place is open for the conduct of early voting or voting.
means property owned or controlled by a public entity.
means the right-of-way adjacent to a city, state or federal
highway or street where utilities may be located.
means the period beginning the hour the polls open for early
voting and ending when the polls close or the last voter has voted
on election day, whichever is later.
(Ordinance 20-859, sec. 2, adopted 1/23/20)
(a)
The
following regulations apply to electioneering on the premises of city
owned or controlled property during the voting period:
(1)
It is an offense for any person to leave any electioneering sign
or literature on city owned or controlled property that is used as
a polling place other than during the period beginning on 6:00 p.m.
before the voting period begins and ending forty-eight (48) hours
after the voting period ends.
(2)
It is an offense for any person to engage in electioneering on driveways
on the premises of a polling location or in such areas that the fire
marshal or his/her designee determines to be unsafe for electioneering
or determines will interfere with patrons or city employees and staff
who use the areas other than for election purposes.
(3)
It is an offense for any person to attach, place or otherwise affix
any electioneering sign, literature or material to any building, tree,
shrub, pole or other improvement on city owned or controlled property
used as a polling location.
(4)
On election day only, each candidate may erect a single tent, canopy,
or similar item encumbering or encroaching on public property at 114
W. Higgins, Humble City Hall, in the designated location, located
outside the 100-foot prohibited area.
(5)
It is an offense for any person to place any electioneering sign
on the premises that exceeds four (4) square feet and is more than
four feet in height, including any supporting poles.
(6)
It is an offense for any person to place any electioneering sign
on the premises that is attached to a “T” style post(s),
as such post may damage underground utility lines.
(7)
It is an offense for any person to place more than three (3) electioneering
signs on any one side of the premises adjacent to a public right-of-way.
(8)
In addition to imposing any criminal penalty, electioneering sign(s)
located in violation of this section may be removed and disposed of
by the city.
(9)
The authority to conduct electioneering on city owned or controlled
property under this division is limited to the premises where the
voting is conducted and only for the voting period.
(Ordinance 20-859, sec. 2, adopted 1/23/20)
(a)
Signs on city property.
It is an offense for any person
to attach, place or otherwise affix any electioneering sign, literature
or material to any building, tree, shrub, pole or other improvement
on city owned or controlled property at any time, except as required
by Texas Election Code section 61.003 or section 85.036.
(b)
Signs on private property.
Electioneering signs are
allowed on private real property only with the consent of the property
owner. No permit is required in accordance with Texas Election Code,
section 259.003, provided that:
(c)
Distance from right-of-way or curb.
Electioneering signs
shall not be placed on or within ten (10) feet of the public right-of-way
or the curb, whichever is further.
(d)
Location on poles.
Electioneering signs shall not be
located on any utility, light, traffic signal or sign pole.
(e)
Obstructing vision for traffic.
Electioneering signs
shall not be placed in any location that obstructs vision for traffic.
(f)
Removal of noncomplying signs.
In addition to imposing
any criminal penalty, electioneering sign(s) located in violation
of this section may be removed and disposed of by the city.
(Ordinance 20-859, sec. 2, adopted 1/23/20)
