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HomeMy WebLinkAboutPO 7413: ADDING CHAPTER 62 OFFENSES, ARTICLE III. ELECTIONEERING AT POLLING LOCATIONS, SECTIONS 62-101 THROUGH 62-104; ESTABLISHING REGULATIONS AS TO ELECTIONEERING AND OTHER CONDUCT ON CITY-OWNED OR CITY-CONTROLLED PROPERTY BEING USED AS A POLLING PLACE P. O. NO.7413 05/11/2026 SB/RPC ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR,TEXAS, CODE OF ORDINANCES BY ADDING CHAPTER 62 OFFENSES, ARTICLE III. ELECTIONEERING AT POLLING LOCATIONS, SECTIONS 62-101 THROUGH 62-104; ESTABLISHING REGULATIONS AS TO ELECTIONEERING AND OTHER CONDUCT ON CITY-OWNED OR CITY- CONTROLLED PROPERTY BEING USED AS A POLLING PLACE; PROVIDING FOR PENALTIES NOT TO EXCEED $500.00 PER DAY PER VIOLATION; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; AND ORDAINING OTHER MATTERS RELATED TO THE FOREGOING. WHEREAS, the City of Port Arthur, Texas (City) is a home-rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, City Council seeks to provide for the orderly use of city property and other property where City elections may be held; and WHEREAS, Chapter 61 of the Texas Election Code provides regulations governing the conduct of elections, including Section 61.003,which makes it unlawful for any person to loiter or electioneer within 100 feet of an outside door through which a voter may enter the building in which a polling place is located or within 20 feet of a parking space designated for curbside voting under Section 64.009 of the Texas Election Code;and WHEREAS, Section 61.003 of the Texas Election Code states that an entity that owns or controls a public building being used as a polling place may not, at any time during the voting period, prohibit electioneering on the buildings premises outside of a 100 foot buffer zone surrounding an outside door through which a voter may enter the building being used as a polling place, but the entity that owns or controls the public building being used as a polling place may enact reasonable regulations concerning the time, place, and manner of such electioneering; and WHEREAS, Section 61.003 of the Texas Election Code defines "electioneering" to include the posting, use, or distribution of political signs or literature; and WHEREAS, Section 61.003 of the Texas Election Code defines "voting period" to mean the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later; and Subject to Approval by the City Council on May 19,2026 Page 1 WHEREAS, the City uses the Port Arthur Public Library and City Hall as its polling places for most City elections; and WHEREAS,the City uses or allows use of the Port Arthur Public Library and City Hall for other purposes for which the City must maintain and ensure adequate and safe parking and access for all users; and WHEREAS, City Council recognizes that the right to vote is at the heart of our democracy; and WHEREAS, Section 43.034 of the Texas Election Code requires polling places to be accessible to and usable by the elderly and people with physical disabilities; and WHEREAS, Section 62.0115 of the Texas Election Code recognizes that voters have the right to vote in secret and free from intimidation; and WHEREAS, City Council recognizes that the right to engage in political discourse is a fundamental constitutional right; and WHEREAS, City Council seeks to accommodate the rights to engage in political discourse and to vote in an environment free from intimidation, harassment, confusion, and obstruction, through regulations that balance these rights, provide clear guidance for compliance, and,where necessary, enable enforcement; and WHEREAS, prior to the election held in Spring 2025, City personnel received multiple complaints from citizens about experiencing intimidation, harassment, and difficulty getting from their vehicles to the polling place; and WHEREAS,for the election held in Spring 2025, City personnel received several complaints from voters having difficulty obtaining a parking space and/or the ability to park in such a way that they could enter the polling place without being bothered or even accosted by campaign supporters in the parking lot; and WHEREAS, in order to operate the Port Arthur Public Library and City Hall in a safe and effective manner and to further the general health, safety, and welfare of the community, City Council finds that signs and literature brought by members of the public should not be present on the ground of the Port Arthur Public Library and City Hall, outside of the time for voting except for a limited period to put up and remove the signs and that the signs should not be attached to improvements and landscaping; and WHEREAS, City Council also believes that signs brought by members of the public onto the grounds of the Port Arthur Public Library and City Hall, when it is being used as a polling place, should be set back from the public roadway in order not to impact traffic safety or voter safety; and WHEREAS, City Council also believes to be in the best interest of the health, safety, and general welfare of the City of Port Arthur, Texas, to establish electioneering regulations to address concerns that may result from election activities conducted on public property, including interference with voter access, traffic safety,visual clutter, and property damage. Subject to Approval by the City Council on May 19,2026 Page 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: SECTION 1. That the facts and opinions in the preamble are true, correct, and hereby incorporated for all purposes. SECTION 2. That the governing body hereby creates and adopts Chapter 62 Offenses, Article III. Electioneering at Polling Locations, Sections 62-101 through 62-104, as attached as Exhibit A and hereby incorporated for all purposes into the City of Port Arthur,Texas Code of Ordinances. SECTION 3. Penalty. The penalty for violation of this Ordinance shall be a fine not to exceed Five Hundred Dollars ($500) per day per violation. SECTION 4. Savings Clause. This Ordinance shall be cumulative of all other ordinances of the City and shalt not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Provided, however, that the repeal of such ordinances or part of such ordinances, and the amendments and changes made by this Ordinance, shall not affect any right, property, or claim which was or is vested in the City, or any act done, or right accruing or accrued, or established, or any suit, action or proceeding had or commenced before the time when this Ordinance shall take effect; nor shall said repeals, amendments or changes affect any offense committed, or any penalty or forfeiture incurred, or any suit or prosecution pending at the time when this Ordinance shall take effect under any of the ordinances or sections thereof or repealed, amended or changed; and to that extent and for that purpose the provisions of each ordinances or parts of such ordinances shall be deemed to remain and continue in full force and effect. SECTION 5. Severability Clause. That should any part, sentence, or phrase of this Ordinance is determined to be unlawful,void, or unenforceable,the validity of the remaining portions of this Ordinance shall not be adversely affected. No portion of this Ordinance shalt fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable. SECTION 6. Effective Date. This Ordinance shall be published at least one time within ten days after final passage thereof in the official newspaper of the City and shall take effect immediately after the date of such publication. READ, ADOPTED,AND APPROVED,this day of , 2026, A.D., at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: Councitmembers: NOES: Subject to Approval by the City Council on May 19,2026 Page 3 CITY OF PORT ARTHUR,TEXAS CHARLOTTE M. MOSES, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY TRMC APPROVED AS TO FORM: ROXANN PAIS COTRONEO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: RON BURTON, CITY MANAGER CPM Subject to Approval by the City Council on May 19,2026 Page 4 EXHIBIT A Subject to Approval by the City Council on May 19,2026 Page 5 Chapter 62. Offenses. Article III. Electioneering at Polling Locations. Sec.62-101 Purpose. The purpose of this Article is to establish reasonable time place, and manner regulations for electioneering on City-owned or City-controlled public property when that property is used as an election polling place. and to establish reasonable regulations for conduct on City property surrounding a public building used as a polling place during an election. These regulations are intended to: preserve citizens' ability to engage in political discourse: prevent interference with citizens' right to vote: protect voters from intimidation, harassment. and obstruction: preserve peace and order around polling places located on public property; encourage citizens to vote; mitigate safety concerns: prevent damage to public property; and ensure that such property is sufficiently available for patrons who use the facilities for purposes other than elections. Sec.62-102 Definitions. The following words, terms. and phrases. when used in this Article. have the meanings ascribed to them in this section: City Hall means the building and its grounds, including parking areas owned by the City and, at times. used as a polling place for the City's and other elections, located at 444 4th Street, Port Arthur,Texas. Electioneering means the posting. use.or distribution of political signs or literature. Port Arthur Public Library(Library) means the building and its grounds, including parking areas,owned by the City and at times used as a polling place for the City's and other elections, located at 4615 9th Avenue, Port Arthur,Texas. Polling place means a City-owned or City-controlled public building that is used for voting during an election. Voting period means the period each day beginning when the polls open for voting and ending when the polls close or when the last voter has voted. Sec.62-103 Regulations and Exceptions. (a) The following regulations apply to electioneering and other conduct on the grounds of a City- owned or City-controlled public building being used as a polling place during an election: (1) It is prohibited for a person to leave any sign or written materials for distribution on the grounds of a City-owned or City-controlled public building that serves as a polling place, except from twenty-four(24) hours before the day early voting begins through twenty-four (24) hours after the last voting day. Subject to Approval by the City Council on May 19,2026 Page 6 (2) It is prohibited for a person to engage in electioneering or to loiter or congregate in driveways leading into the parking lot. medians within the parking lot, driving or walking lanes (sidewalks)within the parking lot, or within parking spaces on the grounds of a City- owned or City-controlled public building being used as a polling place. This restriction does not apply to areas within the parking lot specifically designated for electioneering. or to electioneering signs attached to vehicles lawfully parked on the grounds of a City- owned or City-controlled public building being used as a polling place. (A) Electioneering at Library or City Hall. For elections held at the Library or City Hall. electioneering may occur only in the designated areas shown on the map depicted in Diagrams 1 and 2, respectively, and may occur during the voting period each day for three (3) hours before and continuing until three (3) hours after the voting period each day. (B) Electioneering on Sidewalks Beyond 100-Foot Buffer Zone. For elections held at the Library or City Hall.electioneering may take place on the sidewalks beyond the 100-foot buffer zone required by Section 61.003 of the Texas Election Code, provided that it does not impede free access to the polling location entrance. (C) Shade Structures or Tents. For elections held at the Library or City Hall. a person shall not install a shade structure or tent with posts in ways that may damage any underground utility or irrigation lines. All shade structures and tents must be removed daily from the Library or City Hall. For elections held at the Library. a person may set up a shade structure or tent only along the last row of the front parking lot next to 9th Avenue for three (3) hours before and continuing until three (3) hours after the voting period each day as depicted in Diagram 1. al For elections held at City Hall. shade structures and tents are not permitted anywhere within the City Hall parking lot. but may set up on the median green space leading to the annex building and may set up on the green space immediately adjacent to the side of City Hall between the driveway and the sidewalk leading to the annex building for three (3) hours before and continuing until three (3) hours after the voting period each day as depicted in Diagram 2. (D) Voter Parking at Library and City Hall. For elections held at the Library. the first two rows of parking spaces closest to the Library's entrance will be reserved for voters who will not Subject to Approval by the City Council on May 19,2026 Page 7 remain on the grounds for more than 15 minutes after they have voted and for Library patrons as depicted in Diagram 1. al For elections held at City Hall, the first two rows of parking spaces closest to the sidewalk/median leading to the City Hall annex entrance will be reserved for voters and citizens conducting other business at City Hall as depicted in Diagram 2. (3) It is prohibited for a person to disrupt, or attempt to disrupt. the voting process by accosting. harassing. obstructing, or intimidating any person traveling to or from the building being used as the polling place. (4) It is prohibited for a person to attach, place, or otherwise affix any sign. literature, or written material to any building.tree, shrub. pole, or other improvement on the grounds of a City-owned or City-controlled public building being used as a polling place. In addition. it is prohibited for a person to install or place a sign,table,chair,shade structure,tent or any other device using posts, in ways that may damage underground utility or irrigation lines on the grounds of a City-owned or City-controlled public building being used as a polling place. "Posts" include wooden, metal. rebar.or plastic stakes. (5) It is prohibited for a person to hold or place a sign in a way that obstructs the free passage of vehicles or persons. interferes with traffic sight lines or visibility, or otherwise impedes access on the grounds of a City-owned or City-controlled public building being used as a polling place. Signs at a City-owned or City-controlled public building or its grounds shall not be posted earlier than forty-eight (48) hours before the early voting period begins and may remain posted until twenty-four (24) hours after early voting has ended.Additionally. signs shall not be posted earlier than twenty-four (24) hours before election day and may remain posted until twenty-four(24) hours after voting has ended. (6) It is prohibited for a person. within 1,000 feet of a building in which a polling place is located,to operate a sound amplification device or a vehicle with a loudspeaker while the device or loudspeaker is being used. (7) The City Manager or designee may, without notice. remove and provide for temporary storage of sign(s).which violates a provision of this Article.Thereafter.the City Manager or designee shall attempt to contact the sign owner and arrange a time during normal work hours for the owner or representative to pick-up the sign. If the owner fails to pick up the sign(s)within five business days.the City shall dispose of the signs. (8) Except as provided in this Article, a person is prohibited from engaging in electioneering, loitering, congregating. setting up shade structures or tents, and installing signs on the grounds of any other City-owned or City-controlled public building which is used as a Subject to Approval by the City Council on May 19,2026 Page 8 polling place. (b) The regulations set forth in (a) above do not apply to any City-authorized signs. materials, or other messages on property the City owns or controls. [Diagram 1 and Diagram 2 are on the Next Pages] Sec.62-104 Violations; Penalty. A person who violates a provision of this Article.or who fails to perform an act required by the person by this Article.commits an offense. A person commits a separate offense each day or portion of a day during which a violation is committed permitted.or continued.An offense under this Article is punishable by a fine not to exceed$500.The penalties provides are in addition to any other enforcement remedies that the city may have under city ordinances and law. Subject to Approval by the City Council on May 19,2026 Page 9 ura f �r „ ' - :: •• IS , .. ' 11'.*:" :14: "4" 1 oll ea Library Electioneering Parking to *• ®Voters& Patrons Parking General Electioneering Rows — -- a Shade Structures or Tents Row la '4 r m a gF-. ittitat s ' AU z ' mak-. \I,' : \\._ .,. Aan . a *i■ A w it �y411 fi19 �i' so iii It �I■ y II on It III tag w SW \ oir„,,,, • r" a sr, Ala Rion , - % ka , — DIAGRAM 1 • `Library Electioneering' to Ift. ' 4t"h Street ��", CityHall ElectioneeringParking 1 ril Voters&Patrons Parking ,, P fl) General Electioneering Rows Shade Structures or Tents Row ot a a ; I fi . • sa = a ib ai i a .■ .1 .il ,G WA■ + N W■ •Ilya I? 4 i -, 'ma f ,.. w. i 'II ■s. r ; ,1111' 41 4C: toll I., a . measmcliouiden Mat - , ' ""1"--:' Id ''''''' ''''*4.;"4 4::: F a ` • *` • . . , 1._ pi DIAGRAM 2 'City Hall Electioneering'