Ordinance 2020-47ORDINANCE NO. 2020-47
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING CHAPTER 74 (OFFENSES AND MISCELLANEOUS
PROVISIONS), ARTICLE X (ELECTIONEERING AT POLLING
LOCATIONS) OF THE CITY OF WYLIE CODE OF ORDINANCES,
ORDINANCE NO. 2005-07, AS AMENDED; MODIFYING CERTAIN
REGULATIONS RELATING TO ELECTIONEERING ON PUBLIC
PREMISES USED AS A POLLING PLACE; PROVIDING FOR
REPEALING, PENALTY, SAVINGS AND SEVERABILITY CLAUSES
AND AN EFFECTIVE DATE.
WHEREAS, Sections 61.003 and 85.036 of the Texas Election Code authorizes the City
Council of the City of Wylie, Texas ("City Council") to enact reasonable regulations concerning
the time, place and manner of electioneering on public premises used as a polling place in the City
of Wylie, Texas ("Wylie"); and
WHEREAS, polling places include public facilities that are simultaneously used for
various other purposes and for which adequate and safe parking and access must be maintained
for those facilities to operate in a safe and effective manner; and
WHEREAS, the City Council amended the Wylie Code of Ordinances, Ordinance No.
2005-07, as amended ("Code of Ordinances") to enact such reasonable regulations in 2014; and
WHEREAS, the City Council has investigated and determined that in order to further the
general health, safety and welfare of the community, certain amendments to the previously adopted
regulations are necessary; and
WHEREAS, the City Council finds that it is in the best interests of the citizens of Wylie to
amend the Code of Ordinances, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment of Chapter 74, Article X (Electioneering at Polling Locations)
of the Wylie Code of Ordinances. Chapter 74 (Offenses and Miscellaneous Provisions), Article X
(Electioneering at Polling Locations) of the Wylie Code of Ordinances is amended to read as
follows':
"ARTICLE X. ELECTIONEERING AT POLLING PLACES
Ordinance No. 2020-47 — Electioneering Page 1 of 4
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Sec. 74-172. Definitions.
The following words and phrases as used in this Article shall have the
meanings as set forth in this section:
Electioneering shall mean 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.
Tent shall mean a tent, canopy, covering or similar item that does not exceed
ten (10) feet by ten (10) feet in size and is temporarily erected to provide shelter
from the sun and other weather conditions when engaging in electioneering.
Voting period shall mean 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.
Sec. 74-173. Regulations and Exceptions.
(a) The following regulations apply to electioneering on the premises of public
property used as a polling place during the voting period.
(1) It is an offense for any person to leave any electioneering sign,
literature, material or tent on public property that is used as a polling
place other than during the period beginning twenty-four (24) hours
before the voting period begins and ending twenty-four (24) hours
after the voting period ends.
(2) It is an offense for any person to engage in electioneering on
driveways, parking areas or medians within parking areas on the
premises of a polling place or in such areas that the Fire Chief or
his/her designee determines to be unsafe for electioneering or
determines will interfere with patrons or public employees and staff
who use the areas other than for election purposes. This restriction
shall not apply to electioneering signs that are attached to vehicles
that are lawfully parked at the premises of a polling place.
(3)
It is an offense for any person to attach, place or otherwise affix any
electioneering sign, literature, material or tent to any building, tree,
shrub, pole or other improvement on public property used as a
polling place.
Ordinance No. 2020-47 — Electioneering Page 2 of 4
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(4) It is an offense for any person to place any electioneering sign,
literature, material or tent within ten (10) feet of the public road way
adjacent to the public property where a polling place is located.
(5)
It is an offense for any person to place any electioneering sign,
literature or material on the premises that exceeds thirty-six (36)
square feet and is more than eight (8) feet in height, including any
supporting poles.
(6) During the voting period and for thirty (30) minutes before and after
the voting period each day, tents may be erected or placed on public
property used as a polling place outside of the one hundred (100)-
foot prohibited area and where otherwise permitted under this
section on a first -come, first -served basis when space is available.
It is an offense for any person to erect or place a tent that exceeds
ten (10) feet by ten (10) feet in size or in a location or manner that
violates this section.
(7)
(8)
In addition to imposing any criminal penalty, electioneering sign(s),
literature, material(s) and tent(s) located in violation of this section
may be removed and disposed of by the entity in control of the
public property.
The authority to conduct electioneering on public property under
this Article X is limited to the property on the premises where the
voting is conducted and only for the voting period.
(b) The regulations set forth in (a) above shall not apply to any City of Wylie -
authorized signs, materials or other messages on its property."
SECTION 3: Penalty. Any person, firm, corporation or business entity violating this
Ordinance or the Code of Ordinances shall be deemed guilty of a misdemeanor, and on conviction
thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00) if the
violation relates to the public health, sanitation or dumping of refuse, otherwise the fine shall be
in an amount not exceeding Five Hundred Dollars ($500.00). A violation of any provision of this
Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal
provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the
violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and
federal law.
SECTION 4: Repealing/Saving. The Code of Ordinances shall remain in full force and
effect, save and except as amended by this or any other ordinance. All provisions of any ordinance
in conflict with this Ordinance are hereby repealed to the extent they are in conflict, but such repeal
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shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. The City Council hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof, regardless of whether any one or more sections,
subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its
passage and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 8th day of September, 2020.
ATTESTED TO AND
CORRECTLY RECORDED BY:
Karw_ti
Stephanie Storm, City Secretary
Date of Publictfer 16, 2020
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She gfarmershille Zrimes • Murphy Monitor • The Princeton Herald • 7/cSachse News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinances No. 2020-46, No. 2020-47, and No. 2020-48
was published in said newspaper on the following date(s), to -wit:
September 16, 2020
Chad Engbrock,Publisher
Subscribed and sworn before me on this, the 17th day of September, 2020 to certify which
witness my hand and seal of office.
SONIAA DUGGAN
Notary ID k126646343
My Commission Expires
August 12, 2024
Notary Public in an
The State of Texas
My commission expires 08/12/2024.
Murphy/Sachsc/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 7.5098.972-442-5515 • fax 972-142-4318
Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 754-12 . 972-784-6397 • fax 972-782-7023
CITY OF WYLIE 1
' Ordinance
No.2020.46
An ordinance of the
city of Wylie,. Texas,
amending the com-
prehensive • , zoning
ordinance of the City
Of • Wylie, as hereto-
fore amended, so as
to change the zoo-11
ing on the hereinafter ;
described property,
zoning case number
2020-07, from agricul-
tural district, (ag/30) to
commercial corridor.
district (cc), to allow
for commercial deve
aliment; providing for
a penalty for the viola-
tion of this ordinance;
providing for the 're-
peal of all ordinances
Miler; providing a
severability clause; and
providing for an effec-
tive date.
Ordinance
No. 2020-47
An, ordinance of the
city council •of the
City of Wylie, texas,
amending' chapter 74
(offenses and miscella-
neous provisions), ar-
ticle x (electioneering
at polling' locations) of
the city of wylie code
of ordinances, ordi-
nance no. 2005-07, as
amended; modifying
certain regulations re-
lating 'to electioneer-
ing on public premises
used as a polling place;
providing for repeal-
ing, .penalty; savings
and severability claus-
es and an effective date I
Ordinance
LiAn ordinances of 'the
city council of the
City of Wylie, Texas,
attending ordinance
nos. 2020-24, 2020- j
25,.2020426,`2020-29,_11 ,
2020-31, 2020-35,
2020-38, and 2020-41
continuing ,and ex-
tending. the mayor's
amended declaration of
t local'disaster for public
health emergency due
to the novel coronavi-
rus (covid-19); provid-
ing the consent of the
city council to the con-
tinuation of the decla-
ration until 11:59 pin.
on October 13, 2020;
prescribing orders to I
help abate the public
health emergency; pro-
viding authority for the
city council to termi-(
nate the disaster dec-
-.]oration;-and providing'
' an enforcement clause)
severability clause'and
an effective date. f
L
r.a1o.•
emmni.3 'in ..-
No.202-48
2o-I t-991