The following signs are allowed in all districts and are exempt from the permit requirements of this article:
(1) 
Temporary real estate signs not exceeding 16 square feet in area that advertise the sale, rental, or lease of the premises upon which the sign is located. Such signs shall be removed not later than the seventh day following the sale, rental, or lease of the subject property. Such signs shall only be located on private property;
(2) 
A sign that contains primarily a political message and that is located on private real property with the consent of the property owner. Private real property does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. Provided, however, the sign may not have a sign area greater than 36 square feet, be more than eight feet in height, be illuminated or have a moving part. This subsection does not apply to a sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other measures that are not primarily political;
(3) 
Signs which are an integral part of the historical character of a designated historic district or a building that has been designated a landmark;
(4) 
Public signs regulating vehicular or pedestrian traffic or designating or giving directions to streets, schools, hospitals, historical sites, or public facilities;
(5) 
Flags of any government or governmental agency or any patriotic, religious, charitable, civic, educational, or fraternal organization and not exceeding 40 square feet in area;
(6) 
Temporary signs advertising special community events or other community activities sponsored by nonprofit organizations or churches. Such signs shall not exceed 32 square feet in area, shall not be erected more than ten days in advance of the event and shall be removed within three days after such event. Temporary signs shall be securely anchored and shall not exceed seven feet in height from ground level;
(7) 
Temporary displays or decorations customarily associated with any national, state, local, or religious holiday or celebration. Such signs shall be erected not more than 45 days before the holiday or celebration and removed not later than ten days after such holiday or celebration;
(8) 
Hand-held signs of a noncommercial nature not set on or affixed to the ground and not exceeding ten square feet in area;
(9) 
Temporary signs identifying the architect, engineer, developer or contractor when placed upon construction sites and not exceeding 64 square feet in area. Such signs shall not be erected prior to approval of a site plan and shall be removed not later than ten days after completion of the project;
(10) 
Signs identifying the name and profession of the occupant(s) of a business establishment and not exceeding two square feet in area;
(11) 
Memorial or commemorative plaques or tablets denoting a building name and/or date of erection or a location of historic significance and not exceeding four square feet in area;
(12) 
Any sign for informational (non-advertisement) purposes not exceeding one square foot in area with letters not exceeding four inches in height;
(13) 
Property identification signs indicating address and/or name and not exceeding two square feet in area located on property used for residential purposes or five square feet in area located on property used for business purposes;
(14) 
Temporary business signs shall be permitted, provided that:
(A) 
Temporary business signs of combustible material shall not exceed 60 square feet in area;
(B) 
Temporary business signs weighing in excess of 50 pounds must conform to the safety requirements of the building code of the city and must be approved by the city manager;
(C) 
Temporary business signs shall not extend over or into any street right-of-way, alley, sidewalk, or other public thoroughfare;
(D) 
Temporary business signs shall be attached with wire or steel cables. Strings, ropes, or wood slats for anchorage or support purposes shall not be permitted;
(E) 
Temporary business signs shall not be allowed to remain for a period exceeding 15 days in a six-month period;
(F) 
Temporary business signs must be on-premises signs; and
(G) 
Only one temporary business sign may be displayed at any given time;
(15) 
Amateur ball park signs;
(16) 
Signs erected by the city, the state (including its political subdivisions, such as school districts), or the United States government, or otherwise required by federal, state, or local laws;
(17) 
Directory signs, menu boards and the like, which are designed to be read from a distance no greater than ten feet;
(18) 
Religious emblems when installed in compliance with zoning regulations and construction codes; and
(19) 
Notwithstanding any other provision of this chapter, any sign that may display a commercial message may also display any noncommercial message, either in place of or in addition to the commercial message, so long as the sign complies with the other requirements of this article.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-51; Ordinance adopting 2022 Code)
(a) 
Generally.
Signs prohibited by this article include, but are not limited to, the following:
(1) 
Signs that are inadequately maintained so as to show evidence of deterioration, including peeling, rust, dirt, fading, discoloration or holes. Damaged signs shall be repaired or removed within 30 days of receipt of notice from the city;
(2) 
Signs that advertise a business or product which is no longer in existence. Abandoned or outdated signs shall be replaced or removed within 30 days of receipt of notice from the city;
(3) 
Signs that are erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape;
(4) 
Signs that obstruct free and clear vision at any street intersection;
(5) 
Signs that interfere with, obstruct the view of, or may be confused with any authorized traffic sign, signal, or device because of its position, shape or color;
(6) 
Signs that use the words “STOP,” “LOOK,” “GO SLOW,” “CAUTION,” “DANGER,” “WARNING” or any other word, phrase, symbol or character in a manner that interferes with, misleads or confuses traffic;
(7) 
Signs that constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance;
(8) 
Signs that are illuminated with lights that cause a glare into or upon the surrounding area or any property used for residential purposes or that distract operators of vehicles or pedestrians on a public right-of-way;
(9) 
Signs that contain reflectors, lights or illuminations that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. This subsection does not prohibit LED signs that otherwise comply with this subsection and do not change the display more often than once every two minutes;
(10) 
Signs that display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value;
(11) 
Signs that are painted on or attached to a motor vehicle used primarily for the display of such sign. This article shall not prohibit the identification of a business or its products or services on a vehicle(s) operated and parked in a manner appropriate to the normal course of business;
(12) 
Signs that have visible moving, revolving, or rotating parts or visible mechanical movement of any kind, achieved by electrical or mechanical means, except for time- temperature-date signs. A message board or electronically displayed date, time, and temperature may not occupy more than 24 square feet of the area of sign face;
(13) 
Signs attached to or located upon outdoor exposed amenities such as trees, street signs, utility poles, or fences, that are visible from any street;
(14) 
Signs that are off-premises signs;
(15) 
Signs or portions thereof that are located on, or project or extend over, any public right-of-way, any public sidewalk, street, alley, or other public property; and
(16) 
Wind device signs that cause confusion or obstruction to traffic on adjacent public streets.
(b) 
Billboards.
It shall be unlawful for any person to own, erect, use, benefit from, maintain or permit any billboard sign with exception of those billboard signs installed within the city prior to August 10, 2017. Where a lawful billboard sign exists on the effective date of this subsection, the billboard sign shall not be reconstructed if it is destroyed by any means or is otherwise removed.
(c) 
Feather signs.
It shall be unlawful for any person to own, erect, use, benefit from, maintain or permit any feather sign within the city.
(d) 
Inflatable signs.
It shall be unlawful for any person to own, erect, use, benefit from, maintain or permit any inflatable sign within the city.
(Ordinance 09-668, sec. 1, adopted 3/12/09; Ordinance 17-806, sec. 2, adopted 8/24/17; 2007 Code, sec. 33-52)
Business establishments within Sign District A shall be allowed signage in accordance with the provisions of this section. If, however, the business establishment is part of a shopping center or an integrated business development, the signage allowed shall be as provided in section 4.07.066(1) hereof. A permit is required for the sign(s) allowed under this section.
(1) 
Pole signs.
(A) 
Each business establishment with less than 200 feet of frontage on I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway is permitted one pole sign not exceeding 200 square feet in area and not exceeding 30 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The pole sign may have a reader panel attached to it; however, a reader panel shall be included in the calculation of total sign area. The pole or support structure shall be visibly marked if the pole sign is located in a parking area.
(B) 
Each business establishment with more than 200 feet of frontage on I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway is permitted one pole sign not exceeding 300 square feet in area and not exceeding 40 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The pole sign may have a reader panel attached to it; however, a reader panel shall be included in the calculation of total sign area. The pole or support structure shall be visibly marked if the pole sign is located in a parking area.
(C) 
An additional pole sign may be permitted for a business establishment that is on the corner of an intersection of I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway and a city street. Such additional sign shall face the adjacent city street at any angle. The additional sign shall not exceed 25 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The additional sign shall not exceed 100 square feet. The total sign area of both signs combined shall not exceed 300 or 400 square feet, as applicable.
(D) 
A pole sign shall be located such that all parts of such sign are a minimum of five feet from all property lines.
(2) 
Monument signs.
(A) 
In lieu of and not in addition to a pole sign, each business establishment is permitted one single- or double-faced monument sign not exceeding 150 square feet in area and not exceeding 12 feet in height above the surrounding finished grade level.
(B) 
The location of a monument sign is subject to approval by the city manager to ensure that the location does not cause an obstruction to the view of traffic or create a hazard to traffic or pedestrians; provided, however, all monument signs shall be located not less than five feet from all property lines, and provided further, monument signs shall be located not less than 15 feet from the edge of the property line on the corner of an intersection of two streets.
(C) 
If a business establishment has elected to use a monument sign in lieu of a pole sign, an additional monument sign may be permitted for a business establishment that is on the corner of an intersection of I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway and a city street. The additional sign may face the adjacent city street at any angle. The additional sign shall not exceed ten feet in height above the surrounding finished grade level. The additional sign shall not exceed 25 square feet in area. The total sign area of both signs combined shall not exceed 175 square feet.
(3) 
Wall signs.
(A) 
In addition to a pole sign or monument sign, each business establishment is permitted one wall sign per exterior wall, not exceeding in total square feet 15 percent of the facade to which it is affixed. Business establishments located in “strip centers” may place one wall sign that does not exceed the average square feet of other existing wall signs within the same strip center.
(B) 
A wall sign may not project above the roof line of a building, except for buildings with parapet walls. A wall sign on a parapet wall shall not project above the parapet, except vertical wall signs perpendicular to a parapet wall which have a height of at least three times its width may project above the parapet up to one-third of its height, not to exceed ten feet.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-53)
Business establishments within Sign District B shall be allowed signage in accordance with the provisions of this section. If, however, the business establishment is part of a shopping center or an integrated business development, the signage allowed shall be as provided in section 4.07.066(2) hereof. A permit is required for the sign(s) allowed under this section.
(1) 
Pole signs.
Each business establishment with frontage on State Spur 184, Wilson Road or Houston Avenue between Issacks and First Streets is permitted one pole sign not exceeding 60 square feet in area and not exceeding 20 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The pole sign may have a reader panel attached to it; however, a reader panel shall be included in the calculation of total sign area. The pole or support structure shall be visibly marked if the pole sign is located in a parking area.
(2) 
Monument signs.
(A) 
In lieu of and not in addition to a pole sign, each business establishment with frontage on State Spur 184, Wilson Road or Houston Avenue between Issacks and First Streets is permitted one single- or double-faced monument sign not exceeding 30 square feet in area and not exceeding 12 feet in height above the surrounding finished grade level.
(B) 
The location of a monument sign is subject to approval by the city manager to ensure that the location does not cause an obstruction to the view of traffic or create a hazard to traffic or pedestrians; provided, however, all monument signs shall be located not less than five feet from all property lines, and provided further, monument signs shall be located not less than 15 feet from the edge of the property line on the corner of an intersection of two streets.
(C) 
If a business establishment has elected to use a monument sign in lieu of a pole sign, an additional monument sign may be permitted for a business establishment that is on the corner of an intersection of State [Spur] 184, Wilson Road or Houston Avenue between Issacks and First Streets and a city street. The additional sign may face the adjacent city street at any angle. The additional sign shall not exceed 12 feet in height above the surrounding finished grade level. The additional sign shall not exceed 20 square feet in area. The total sign area of both signs combined shall not exceed 50 square feet.
(3) 
Wall signs.
(A) 
In addition to a monument sign, each business establishment is permitted one wall sign per exterior wall, not exceeding in total square feet 15 percent of the facade to which it is affixed. Business establishments located in “strip centers” may place one wall sign that does not exceed the average square feet of other existing wall signs within the same strip center.
(B) 
A wall sign may not project above the roof line of a building, except for buildings with parapet walls. A wall sign on a parapet wall shall not project above the parapet, except vertical wall signs perpendicular to a parapet wall which have a height of at least three times its width may project above the parapet up to one-third of its height, not to exceed ten feet.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-54)
Business establishments within Sign District C shall be allowed signage in accordance with the provisions of this section. If, however, the business establishment is part of a shopping center or an integrated business development, the signage allowed shall be as provided in section 4.07.066(3). A permit is required for the sign(s) permitted under this section.
(1) 
Pole signs.
Each business establishment in District C is permitted one pole sign not exceeding 16 square feet in area and not exceeding 15 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The pole sign may have a reader panel attached to it; however, a reader panel shall be included in the calculation of total sign area. The pole or support structure shall be visibly marked if the pole sign is located in a parking area.
(2) 
Monument signs.
(A) 
In lieu of and not in addition to a pole sign, each business establishment is permitted one single- or double-faced monument sign not exceeding 16 square feet in area and not exceeding six feet in height above the surrounding finished grade level.
(B) 
The location of a monument sign is subject to approval by the city manager to ensure that the location does not cause an obstruction to the view of traffic or create a hazard to traffic or pedestrians; provided, however, all monument signs shall be located not less than five feet from all property lines, and provided further, monument signs shall be located not less than 15 feet from the edge of the property line on the corner of an intersection of two streets.
(3) 
Wall signs.
(A) 
In addition to a pole sign or monument sign, each business establishment is permitted one wall sign per exterior wall, not exceeding in total square feet 15 percent of the facade to which it is affixed. Business establishments located in “strip centers” may place one wall sign that does not exceed the average square feet of other existing wall signs within the same strip center.
(B) 
A wall sign may not project above the roof line of a building, except for buildings with parapet walls. A wall sign on a parapet wall shall not project above the parapet, except vertical wall signs perpendicular to a parapet wall which have a height of at least three times its width may project above the parapet up to one-third of its height, not to exceed ten feet.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-55)
Shopping centers and integrated business developments shall be allowed signage in accordance with the provisions of this section. A permit is required for the sign(s) allowed under this section.
(1) 
Sign District A.
(A) 
Each shopping center or integrated business development with less than 200 feet of frontage on I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway is permitted one pole sign not exceeding 250 square feet in area plus an additional 20 square feet in area for each business establishment located in the shopping center or integrated business development. The pole sign shall not exceed 35 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The pole sign may have a reader panel attached to it; however, a reader panel shall be included in the calculation of total sign area. The pole or support structure shall be visibly marked if the pole sign is located in a parking area.
(B) 
Each shopping center or integrated business development with more than 200 feet of frontage on I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway is permitted one pole sign not exceeding 350 square feet in area plus an additional 20 square feet in area for each business establishment located in the shopping center or integrated business development. The pole sign shall not exceed 35 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The pole sign may have a reader panel attached to it; however, a reader panel shall be included in the calculation of total sign area. The pole or support structure shall be visibly marked if the pole sign is located in a parking area.
(C) 
An additional pole sign may be permitted for a shopping center or integrated business development that is on the corner of an intersection of I-59, or its frontage road, FM 1960 Bypass Road East or FM 1960 Bypass Road West or Will Clayton Parkway and a city street. The additional sign shall face the adjacent city street at any angle. The additional sign shall not exceed 30 feet in height, including the supporting structure, above the surrounding finished grade level. The bottom of the sign shall not be less than nine feet above the surrounding finished grade level. The additional sign shall not exceed 150 square feet plus an additional 20 square feet in area for each business establishment located within the shopping center or integrated business establishment. The total sign area of both signs combined shall not exceed 400 or 500 square feet in area, as applicable, plus an additional 20 square feet in area for each business establishment located in the shopping center or integrated business development.
(D) 
A pole sign shall be located such that all parts of such sign are a minimum of five feet from all property lines.
(E) 
In lieu of a pole sign, a shopping center or integrated business development is permitted one single- or double-faced monument sign not exceeding 60 square feet in area plus an additional five square feet in area for each business establishment located in the shopping center or integrated business development and not exceeding 12 feet in height above the surrounding finished grade level.
(F) 
The location of a monument sign is subject to the approval of the city manager to ensure that the location does not create hazards to traffic or pedestrians; provided, however, all monument signs shall be located not less five feet from all property lines, and provided further, monument signs shall be located not less than 45 feet from the corner of an intersection of two streets.
(G) 
If a shopping center or integrated business development chooses to erect a monument sign in lieu of a pole sign, an additional monument sign may be permitted for the shopping center or integrated business development that is on the corner of an intersection of I-59, or its frontage road, FM 1960 Bypass Road East, FM 1960 Bypass Road West or Will Clayton Parkway and a city street. The additional sign shall face the adjacent city street at any angle. The additional sign shall not exceed six feet in height above the surrounding finished grade level. The additional sign shall not exceed 50 square feet, plus an additional five square feet in area for each business establishment located within the shopping center or integrated business establishment. The total sign area of both signs combined shall not exceed 110 square feet plus an additional five square feet in area for each business establishment located in the shopping center or integrated business development.
(H) 
In addition to a pole sign or monument sign as permitted herein, each business establishment located in a shopping center or integrated business development is permitted one wall sign in accordance with section 4.07.063(3).
(2) 
Sign District B.
(A) 
Each shopping center or integrated business development is permitted one single- or double-faced monument sign not exceeding 50 square feet in area plus an additional five square feet in area for each business establishment located in the shopping center or integrated business development and not exceeding 12 feet in height above the surrounding finished grade level.
(B) 
The location of a monument sign is subject to the approval of the city manager to ensure that the location does not create hazards to traffic or pedestrians; provided, however, all monument signs shall be located not less than five feet from all property lines, and provided further, monument signs shall be located not less than 45 feet from the corner of an intersection of two streets.
(C) 
An additional monument sign may be permitted for each shopping center or integrated business development that has frontage on State Spur 184, Wilson Road or Houston Avenue between Issacks and First Streets and another public street. The additional sign shall face the other public street at any angle. The additional sign shall not exceed six feet in height above the surrounding finished grade level. The additional sign shall not exceed 30 square feet in area plus an additional five square feet for each business establishment located in such shopping center or integrated business development. The total sign area of both signs combined shall not exceed 80 square feet plus an additional five feet for each business establishment located in the shopping center or integrated business development.
(D) 
In addition to a monument sign as permitted herein, each business establishment located in a shopping center or integrated business development is permitted one wall sign in accordance with section 4.07.064(3) hereof.
(3) 
Sign District C.
(A) 
Each shopping center or integrated business development is permitted one single- or double-faced monument sign not exceeding 24 square feet in area plus an additional three square feet in area for each business establishment located in the shopping center or integrated business development and not exceeding six feet in height above the surrounding finished grade level.
(B) 
The location of a monument sign is subject to the approval of the city manager to ensure that the location does not create hazards to traffic or pedestrians; provided, however, all monument signs shall be located not less than five feet from all property lines, and provided further, monument signs shall be located not less than 45 feet from the corner of an intersection of two streets.
(C) 
An additional monument sign may be permitted for each shopping center or integrated business development that is on the corner of an intersection of two public streets. One sign shall face each adjacent street at any angle. The additional sign shall not exceed four feet in height above the surrounding finished grade level. The additional sign shall not exceed 16 square feet in area plus three square feet for each business establishment located in the shopping center or integrated business development. The total sign area of both signs combined shall not exceed 40 square feet plus an additional three square feet for each business establishment located in the shopping center or integrated business development.
(D) 
In addition to a monument sign as permitted herein, each business establishment located in a shopping center or integrated business development is permitted one wall sign in accordance with section 4.07.065(3) hereof.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-56)
(a) 
Single-family residential subdivisions are permitted permanent monument signs at each major entrance to the subdivision. The total sign surface area at each entrance shall not exceed 32 square feet in area and shall not exceed six feet in height above the surrounding finished grade level. The location of the monument sign is subject to approval of the sign administrator to ensure that the location does not create hazards to traffic or pedestrians. Subdivisions which consist of more than one platted section are allowed an additional monument sign of not more than 16 square feet in area and not exceeding six feet in height for each major entrance to each section therein; however, in the case where the major entrance to the subdivision is also a major entrance to a section of the subdivision, that entrance shall be limited to a monument sign of not more than 32 square feet.
(b) 
A townhouse, condominium, or apartment complex is permitted one single- or double- faced monument sign on the premises, not exceeding 50 square feet in area and not exceeding 12 feet in height above the surrounding finished grade level. The location of the monument sign is subject to the approval of the sign administrator to ensure that the location does not create hazards to traffic or pedestrians; provided, however, all monument signs shall be not less than five feet from all property lines, and provided further, monument signs shall be located not less than 45 feet from the corner of an intersection of two streets. In addition to a monument sign, each multifamily dwelling complex is permitted one wall sign not exceeding in total square feet 15 percent of the facade to which it is affixed. A wall sign may not project above the roof line of a building, except for buildings with parapet walls, in which case the signage shall be flush with the wall and shall not project above the parapet.
(c) 
A permit is required for the sign(s) allowed under this section.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-57)
A not-for-profit entity or private school shall be allowed to erect one single- or double-faced monument sign on the property on which the not-for-profit entity or school is located. The sign shall not exceed 50 square feet in area and shall not exceed 12 feet in height above the surrounding finished grade level. One additional single- or double-faced monument sign is allowed to identify a secondary use (such as a school) on the same property. The additional sign shall not exceed 28 square feet in area and shall not exceed eight feet in height above the surrounding finished grade level. A permit is required for the sign(s) allowed under this section.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-58)
(a) 
An on-premises portable sign shall be permitted for use by a business establishment or not-for-profit entity for the initial opening of such business or entity for a period not exceeding 30 days. An on-premises portable sign may also be permitted for use by a business establishment or not-for-profit entity for a maximum period of 30 days per calendar year.
(b) 
Portable signs shall be permitted for use on a temporary basis by governmental agencies for notification to the public of special events and public information.
(c) 
A permit is required for any portable sign(s) allowed under subsection (a) of this section. The location of a portable sign allowed under this section must be approved by the city manager to ensure that the location does not create hazards to traffic or pedestrians.
(d) 
The maximum area per side of a portable sign shall not exceed 32 square feet.
(e) 
Portable signs shall be securely anchored and constructed and erected in accordance with the city’s building code and electrical code.
(f) 
Portable signs shall be located not less than five feet from all property lines and not less than 45 feet from the corner of an intersection of two streets.
(Ordinance 09-668, sec. 1, adopted 3/12/09; 2007 Code, sec. 33-59)