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February 9, 2008
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Signs of the times: political placards showing up across the county, but not all are being put in the correct place
By BARRY HALVORSON bhalvorson@journal-spectator.com

The political campaign season is starting to heat up and that means more and more signs promoting people's favorite candidates will be springing up.

But where those signs spring to life is not determined by Mother Nature, but rather by Texas Department of Transportation regulations and local ordinances.

TxDOT's rules for posting campaign signs cover property adjacent to any state-maintained road, which include highways and farm-to-market roads throughout the county. The main rule regarding signs is clearly defined.

"There should be no signs, campaign or other, in state right-of-way," Kitty Vincik said. She is the ROW and Highway Beautification Authority staff person with the Yoakum District Office, which includes Wharton County.

"The only exception to that are state signs placed there by the highway department. That includes posting signs on trees, utility poles, traffic signs and other objects in the right-of-way."

Vincik defined the right-of-way as the space between the paved surface and any utility poles or drainage ditches bordering the roadway.

Signs are permissible on private property but those placing the signs must first obtain owner permission, Vincik said. Other state guidelines for sign placement include:

• Signs must be made of lightweight materials and no larger than 50 square feet.

• Campaign signs may be posted as early as 90 days before an election (no earlier) and must be removed within 10 days after the election.

• If a sign is placed in the right-ofway or poses a traffic hazard, it will be removed by TxDOT without prior notice. In addition, all costs associated with sign removal will be paid by the sign owner.

Vincik added that in incorporated city limits, which in Wharton County are the cities of East Bernard, El Campo and Wharton, people should contact local officials about any additional ordinances.

In El Campo, political signs fall under the general restrictions and guidelines of Chapter 7 of the city's code of ordinances, covering offenses and nuisances, city inspections secretary Liz Staff said. Under section 1.02, it is unlawful to distribute handbills - folders, circulars or other printed materials - on any vehicle parked on any street or public parking lot or to distribute such materials on the streets. In addition, section 1.03 makes it unlawful to tack, tie or otherwise fasten posters, placards or other advertising to utility or street light poles.

Staff added any temporary signs, such as those endorsing a political candidate, should not interfere with traffic or driving sight lines.

The ordinance states any violation of the city's sign ordinance will be prosecuted as a misdemeanor and on conviction is subject to a fine not to exceed $200. Each day such a violation continues will be considered a separate offense.

In Wharton, political signs have their own special place in the city's code of ordinances, section 66.17. City Inspector Ronnie Bollom stressed political signs cannot be placed in city right-of-way and cannot interfere with driver visibility.

He said if a sign is found to be in violation of the city ordinance, his department will first try to contact the person placing the sign to have it removed or installed properly. If the situation is not corrected, he said the city would remove the sign without additional notice.

Both city inspection departments added they enforce the 10-day-afterelection removal restriction, which applies to the election for which it is intended.

For example, once the March primary is finished, signs must be removed. Candidates advancing to the November general election cannot leave those signs up for the duration.


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