By Amira Van Leeuwen
KYLE – The city of Kyle is set to remove temporary signs in public rights-of-way that are in violation of the city’s sign ordinance.
On Sept. 20, the Kyle City Council unanimously approved for city staff to pull any signs in the rights-of-way and feather flags that do not follow the city’s sign ordinance. The enforcement of the ordinance would go through the code enforcement department.
“The reason I’m bringing this up is to give staff complete protection from us,” said Mayor Travis Mitchell. “Right now, our sign ordinance very clearly says that you cannot have feather flags in the city and that signs cannot be placed in the right-of-way, and if they are, then our code enforcement is to pull them up.”
A press release was sent out by the city of Kyle on Wednesday, Sept. 21, to give individuals a five-day notice to ensure their signs and flags met all standards and are not located within the public rights-of-way by Monday, Sept. 26.
State law and city of Kyle ordinances prohibit the placement of temporary signs, including temporary political or commercial signs and flags, in public rights-of-way.
Section 29 of the city of Kyle Code of Ordinances governs the placement of temporary signs along public rights-of-way. While such signs are allowed on private property with landowner permission if they meet certain timing, size, and other requirements, temporary political or commercial signs are not allowed within right-of-way on city of Kyle roads and state-maintained highways. Under Section 29-21 of the Code of Ordinances, any commercial flags with texts or logos are prohibited whether placed in public rights-of-way or not.
Section 29-27 of the city of Kyle Code of Ordinances gives the city of Kyle Building Official and Code Enforcement Officers the authority to remove signs located on public rights-of-way without notice to the owner. In addition to the above, the building official or the code enforcement officer may issue citations without giving prior notice of violation or pursue any other administrative or legal remedy in order to abate any sign which is in violation of the ordinance or any other law.
Right-of-way, as defined by the ordinance, is at least 25 feet from an intersection and a minimum of 10 feet from the curb line of a street. According to Texas Transportation Code (TTC), signs also cannot be placed on the public rights-of-way of state-maintained highways. The local TxDOT district office also has the authority to remove signs located on state-owned rights-of-way.
At the Sept. 20 meeting, Yvonne Flores-Cale asked if there was anything the city could do for residents to show individuals the locations of the rights-of-way.
“Is there something that we could provide? Say if next year I was running and I was like, ‘What is a right-of-way?’ and I just put it in the wrong place, I mean, I certainly wouldn’t do it on purpose, but I mean, I don’t know,” Flores-Cale said.
Mitchell said that the city needs to be clear in saying that signs cannot be put in the rights-of-way and if they are unsure where that is, they should ask city staff.
“In terms of the political signage, the ones that are being put out, are being put out by the candidates. So the candidates can call up city hall, they can say, ‘Hey is this right of way or not?’ but they’re not doing that. They’re just putting stuff out there, hoping it sticks,” Mitchell said.
Flores-Cale pointed out the smaller businesses that use feather flags for advertising purposes because they are less expensive than other options. She suggested for city staff to bring back updates to the sign ordinance because eventually, the ordinance would have to be analyzed.
However, Mitchell warned her that the ordinance is complicated and robust.
“They do not want to do that. I promise you, it is a can of worms,” Mitchell said.
Mitchell said putting banners on the side of fences and the sides of your business are illegal in the city.
“You can’t put signs up, except by permit, and there’s square footage rights and with permission of city hall — all kinds of rules,” Mitchell said.
Parsley asked if the city charged a fee or enforced any kind of penalty for sign owners. “I do not know the answer to that. I think they just get taken up, but you do get cited,” Mitchell said.
Parsley suggested charging sign violators a fee to get their signs back.
Kyle Police Captain Pedro Hernandez said the city could issue citations, but law enforcement’s goal is voluntary compliance.
“We can issue every single one of them a ticket, but you’re gonna hear about it,” Hernandez warned. “We’ll do what’s in the ordinance, we’ll do what’s asked of us, but I mean, also, our staff has to have discretion.”
Parsley thought it would be beneficial for at least the city candidates to have information on the packet for where they can place their signs.
Bradshaw said she didn’t think that was the city council’s responsibility.
“That’s up to the candidate,” Bradshaw said.
