Monroe City Council Legals

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O R D I N A N C E

STATE OF LOUISIANA

CITY OF MONROE    
        NO.  11,459  
 
 The following Ordinance was offered by Dr.  Armstrong    who moved for its adoption and was seconded by Ms.   Blakes:

AN ORDINANCE AMENDING CHAPTER 3, ADVERTISING AND SIGNS, ARTICLE III, MOBILE SIGNS, SECTION 3-16 TO3-45 AND ARTICLE IV, OTHER SIGNS, SECTION 3-70 TO 3-75, OF THE CODE OF THE CITY OF MONROE, LOUISIANA;  REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

 WHEREAS, the City Council of the City of Monroe has this date held its Public Hearing with respect to the following proposed amendment to Chapter 3, Advertising and Signs, Article III, Mobile Signs, Section 3-16 to 3-45 and Article IV, Other Signs, Section 3-70 to 3-75 and

 WHEREAS, the City Council has further considered the recommendation of approval from the Monroe Planning Commission, and accordingly the above stated Chapter and Article of the Code of the City of Monroe should be amended.

 NOW, THEREFORE;
 BE IT ORDAINED, by the City Council of the City of Monroe, Louisiana, in legal session convened, Chapter 3, Advertising and Signs, Article III, Mobile Signs, Section 3-16 to 3-45 and Article IV, Other Signs, Section 3-70 to 3-75 of the Code of the City of Monroe be and it is amended as follows:

Delete Chapter 3, Advertising and Signs, Article III, Mobile Signs, Section 3-16 to 3-45 and Article IV, Other Signs, Section 3-70 to 3-75:

ARTICLE II, MOBILE SIGNS
 
Sec. 3-16. - Intent and applicability.
Sec. 3-17. - Definitions.
Sec. 3-18. - Permits.
Sec. 3-19. - Permit fees.
Sec. 3-20. - Licensing.
Sec. 3-21. - Insurance.
Sec. 3-22. - State and federal regulations.
Sec. 3-23. - Enforcement.
Sec. 3-24. - Design and upkeep.
Sec. 3-25. - Electrical.
Sec. 3-26. - Location.
Sec. 3-27. - Traffic hazard or nuisance.
Sec. 3-28. - Penalties.
Sec. 3-29. - Exceptions.

Secs. 3-30—3-45. - Reserved.

Sec. 3-16. - Intent and applicability.

(a)  It is the intent of this article to provide for the harmonious and safe design and placement of mobile signs, as defined herein.

(b)  This article shall apply to all persons, firms, partnerships, associations and/or corporations owning, occupying, leasing or having control or management of any premises or mobile sign located within the city limits.

Sec. 3-17. - Definitions.

 For the purposes of this article, the following definitions shall apply:

(a)  Sign shall mean a board or other display used to identify or advertise a place, event, article or price which is affixed to, painted on, or otherwise placed upon any building, structure or property, and which is visible from a public street, right-of-way, sidewalk, alley, park or other area open to the public.

(b)  Mobile sign shall mean any sign which by its nature may be or is intended to be moved from one location to another.

(c)  Business location shall mean any premises or lot used or occupied for transportation, retail sales or service; wholesale facilities; hotels/motels; commercial recreation; or public and semipublic facilities (i.e. churches, schools, day care, etc.); however, any business center having two (2) or more businesses shall be construed to mean two (2) or more business locations for the purpose of allowing all businesses of that center the right to advertise.

Sec. 3-18. - Permits.

 A mobile sign shall not be located or utilized for display purposes visible from a public street, right-of-way, sidewalk, alley, park or other area open to the public unless a sign permit has been issued by the building inspector for that location, except those provided for in section 3-29.

Sec. 3-19. - Permit fees.

 The building inspector shall collect a fee of ten dollars ($10.00) for each mobile sign permit. This permit shall be valid for a period of one year and shall be renewable at an annual rate of ten dollars ($10.00).

Sec. 3-20. - Licensing.

 All persons, firms, partnerships, companies and/or corporations engaged in the business of selling, leasing, renting, erecting or locating mobile signs in the city shall be licensed. The license shall be issued by the department of administration in accordance with and for the fee established by the state occupational license law, as adopted by ordinance by the city.

Sec. 3-21. - Insurance.

 All mobile signs shall be insured to cover liability for bodily injury and accidental death in the amount of fifty thousand dollars ($50,000.00) for each person and one hundred thousand dollars ($100,000.00) in the aggregate for each accident, and for property damage liability in the amount of fifty thousand dollars ($50,000.00) for each occurrence. A certificate of insurance must be filed with the building inspector.

Sec. 3-22. - State and federal regulations.

 A mobile sign permit shall not be issued whenever the issuance of the permit would result in the maintenance of a sign in violation of any state or federal regulation.

Sec. 3-23. - Enforcement.

(a)  In the event that the building inspector shall find that any mobile sign or mobile sign location regulated by this Code is unsafe, is a nuisance to the public, or is in violation of any of the provisions or standards herein, he shall give written notice to the holder of the permit, or in the absence of a valid permit, to the possessor or owner of such sign, except as provided in section 3-23(b). Such notice shall state with reasonable clarity the reason the notice has been issued.

(b)  The building inspector may cause a mobile sign to be removed immediately and without notice and stored at the cost of the permit holder, or in the absence of a valid permit, at the cost of the possessor or owner of the sign, under any of the following conditions:

(1)  The sign is in violation of section 3-27 of this article;
(2)  The sign, in the sole discretion of the building inspector, or the city traffic engineer, which shall be final, presents an immediate threat of danger to the safety of the public;
(3)  The sign has been placed in a location where it can be viewed by the public without a permit having first been issued for that location, or without a certificate of insurance having been filed with the building inspector, or both; any part of the sign is located within the right-of-way of any public street or highway.
(4) Any part of the sign is located within the right-of-way of any public street or highway.

(c)  If the building inspector elects to cause the mobile sign to be removed without notice, for any of the reasons stated in subsection (b) above, he shall thereafter give written notice to the permit holder, or to the possessor or owner of the sign, as applicable, stating with reasonable clarity the reason the sign has been removed.

(d)  In all other cases, including those listed in subsection (a) above, and in cases where the building inspector elects not to use his authority to cause the sign to be removed without prior notice, if the permit holder, or the possessor or owner of the sign, as applicable, fails to remove, alter, or otherwise bring the sign into compliance with the provisions and standards of this article, and all applicable building standards of this article, and all applicable building and/or electrical codes, within three (3) days after notice has been issued, citations for the violations shall be issued and the building inspector shall cause the sign to be removed and stored at the expense of the permittee, or possessor or owner of the sign. The sign shall be held by the building inspector until such time as the expense of removing and storing the sign has been reimbursed to the building inspector.

(e) The notice required by this article may be delivered in any of the following ways:

(1)  By personal delivery to the permit holder, or to the possessor or owner, as applicable;
(2)  By delivering the notice to any employee of suitable age and discretion at the place of business where the sign is located;
(3)  By delivering the notice to any person of suitable age at the residence where the sign is located;
(4)   By mailing the notice to the permit holder, or to the possessor or owner, as applicable, such notice being complete and effective upon delivery to the last known personal or business address of the party being notified.

(f)  Only one notice for each type violation per location shall be required; upon subsequent violations, citations shall be issued immediately.

Sec. 3-24. - Design and upkeep.

(a)  All mobile signs shall be designed according to generally accepted engineering principles and practices to withstand wind pressure of at least twenty (20) pounds per square foot.

(b) All mobile signs shall be designed to rest on structural members other than wheels, except when actually being moved.

(c)  Each mobile sign shall carry the name, address and telephone number of the owner in a visible and readable location on the sign.

(d)  All mobile signs shall be maintained in good condition to assure safety and attractive appearance.

Sec. 3-25. - Electrical.

(a)  Mobile signs which include electrical lighting or equipment shall have been approved and labeled by the Underwriters’ Laboratories or other authority approved by the city.
 
(b)  Electrical connections to mobile signs shall be made through SO or STO flexible 12-3 cords not more than one hundred fifty (150) feet in length and supplied by a grounded electrical outlet with a capacity of not less than fifteen (15) amperes. No electrical cord shall cross any pedestrian or vehicular passageway except by proper  overhead clearance according to the current National Electrical Code as adopted by the city [see section 14-76(b)].

(c) No mobile sign shall contain or utilize exposed light bulbs or lamps of any type of more than sixty (60) watts, either as an integral part of the sign or as an accessory to the sign.

(d)  No mobile sign shall have a beacon or revolving light.

(e)  The light from any illuminated mobile sign shall be so shaded, shielded or directed that the light intensity or brightness will not be hazardous or objectionable to the adjacent or surrounding areas or to operators of motor vehicles on public thoroughfares.

Sec. 3-26. - Location.

(a)  No unauthorized person or entity shall erect, place or maintain any sign upon any right-of-way, servitude, street, alleyway, park, public building or property belonging to the city without first obtaining a franchise for said act from the city.

(b)  No mobile home sign shall be placed within the area of a triangle formed from the points thirty (30) feet from the intersecting point of two (2) streets or highways. Said intersecting point shall be measured at the back of the curb or if no curb exists from the edge of the pavement.

(c)  No mobile sign shall be placed or located so as to interfere with any sidewalk or crosswalk.

(d)  The area immediately adjacent to a mobile sign shall be kept clear of unsightly debris and/or vegetation by the permittee.

Sec. 3-27. - Traffic hazard or nuisance.

(a)  No mobile sign shall be placed in any location in such a manner as to obstruct clear and free vision at the intersection of any streets or highways.

(b) No mobile sign shall be placed in any location in such a manner as to obstruct or block any traffic signal or sign.

(c)  No mobile sign within fifty (50) feet of a traffic signal shall have green, red or yellow lights either as an integral part of the sign or as an accessory to the sign.

(d)  No mobile sign within fifty (50) feet of a traffic signal shall have twinkling or blinking lights of any color.

(e)  No mobile sign shall contain or use the words "stop,” "danger,” "caution,” "warning,” "go slow” or any other words or phrases which could mislead or confuse motorists or pedestrians.

(f)  No mobile sign shall be composed of or use shapes that resemble standard traffic-control devices, including but not limited to octagon (stop), triangle (yield) or diamond (caution).

(g)  No mobile sign shall contain, use or display obscene, indecent or immoral matter.

Sec. 3-28. - Penalties.

 Violations of any section or part of this article shall be punishable by a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding ten (10) days or both at the discretion of the court. Each day such violation shall exist shall constitute a separate and distinct offense.

Sec. 3-29. - Exceptions.

 The following signs, when complying with location, structural and safety requirements herein, shall not require a permit:

(a)  Construction signs identifying the architects, engineers, contractors, owners and other individuals or firms involved, but not including any advertisement; said signs shall be allowed only during construction period and must be removed within fifteen (15) days of completion.

(b) Public signs of a noncommercial nature and in the public interest erected by or on the order of a public duty. Such signs are also exempt from all provisions herein.

(c)  Signs of less than four (4) square feet.

Secs. 3-30—3-45. - Reserved.

And DELETE

ARTICLE IV. - OTHER SIGNS

Sec. 3-70. - Intent and applicability.
Sec. 3-71. - Location.
Sec. 3-72. - Exceptions.
Sec. 3-73. - Temporary signs, removal.
Sec. 3-74. - Penalties.
Sec. 3-75. - Variance.

Sec. 3-70. - Intent and applicability.

 All signs, posters or banners, including but not limited to signs less than six (6) square feet in size and signs used to identify candidates in political campaigns, which are not governed by articles II and III of this chapter shall be governed herein.

Sec. 3-71. - Location.

 Signs governed by this article shall not be:

(1)  Placed upon public property;

(2) Placed upon any public right-of-way, including but not limited to boulevards, medians, "neutral” ground, etc.;

(3) Placed upon any tree, pole, monument or other structure located on any public right-of-way;

(4)  Placed in such a manner as to obscure or otherwise physically interfere with the effectiveness of any official traffic sign, signal or device, or to obstruct or interfere with a driver’s view of approaching or intersecting traffic;

(5)  Placed within ten (10) feet of the edge of any public street, avenue or roadway;

(6)  Placed in any location which would violate any state or federal regulation or law.

Sec. 3-72. - Exceptions.

 The prohibition set forth in section 3-71(1) shall not apply to signs, poster or banners advertising or identifying activities conducted on the premises upon which they are erected.

The prohibitions set forth in this article shall not apply to signs erected for traffic information or control.

Sec. 3-73. - Temporary signs, removal.

 Signs, posters and banners which are temporary in nature, i.e., political campaign signs, event signs, etc., shall be removed within ten (10) days after the final election returns or within ten (10) days after the occurrence of the event advertised.

Sec. 3-74. - Penalties.

(a)  Violation of any section or part of this article shall be punishable as follows:

(1)  Any sign, poster or banner placed in violation of any section or part of this article may be removed by the Department of Public Works of the City of Monroe and the cost attributable to such removal may be charged to the person or entity responsible for the activity described on the sign, poster or banner; and

(2)  The person or entity responsible for the activity described on the sign, poster or banner shall be subject to a fine not exceeding fifty dollars ($50.00) or imprisonment not exceeding ten (10) days or both at the discretion of the court.

(b)  Each day such violation shall exist shall constitute a separate and distinct offense.

Sec. 3-75. - Variance.

No variance from the provisions of this article shall be allowed.

      BE IT FURTHER ORDAINED,
 This ordinance was INTRODUCED on the   February 11th, 2014.
NOTICE PUBLISHED on the  13th   day of  February, 2014.
 This Ordinance having been submitted in writing, introduced and published, was then submitted to a final vote as a whole, the vote thereon being as follows:
AYES:  Council Members Armstrong, Ezernack, Blakes, Wilson & Clark
NAYS: None.
ABSENT: None.
And the Ordinance was declared ADOPTED on the  25th day of  February, 2014.

Eddie Clark    
CHAIRMAN

Carolus S. Riley   
CITY CLERK

James E. Mayo   
MAYOR’S APPROVAL
     
MAYOR’S VETO

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EMERGENCY ORDINANCE

STATE OF LOUISIANA

CITY OF MONROE                                                   NO. 11,460  

 The following Ordinance was introduced by Mrs.  Ezernack__________who moved for its adoption and was seconded by Mr. Clark______________:

AN ORDINANCE DECLARING THE NEED FOR IMMEDIATE REPAIRS TO THE POPE WESTMINSTER STORM WATER STATION AND FURTHER PROVIDING WITH RESPECT THERETO:

 WHEREAS, a major electrical failure to the switch gear has occurred at the Pope Westminster Storm Water Station; and

 WHEREAS, this pump station requires two pumps to properly drain the basins necessary to protect the areas served by the Pope-Westminster station; and

 WHEREAS, because of the time of year and the possibility of future heavy storms it was necessary to begin repairs immediately and an electrical company with the proper equipment and manpower was called in to begin repairs on the equipment.
 
 NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Monroe, Louisiana, in legal session convened, that the failure of one of the two electrical switch gears at the Pope Westminster Storm Water Station poses a danger to life and property loss and is hereby declared an emergency.

 BE IT FURTHER ORDAINED that such emergency repairs as are necessary to repair the electrical switch gear at the Pope Westminster Storm Water Station are hereby authorized and approved and the Mayor of the City of Monroe is authorized to enter into such contracts as may be necessary to complete the project.
 
 This Ordinance having been submitted in writing and was then submitted to a vote as a whole, the vote thereon being as follows:

AYES: Council Members Armstrong, Ezernack, Blakes, Wilson & Clark
NAYS: None.
ABSENT: None.
And the Ordinance was declared ADOPTED on the  25th   day of  February, 2014.

Eddie Clark    CHAIRMAN

Carolus S. Riley   
CITY CLERK
James E. Mayo   
MAYOR’S APPROVAL
     MAYOR’S VETO

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