Chapter 6.17
STREET BANNERS, POLE BANNERS, AND ELECTRONIC MESSAGING CENTER SIGNS STANDARDS
Sections:
6.17.010 Purpose.
6.17.020 Definitions.
6.17.030 General requirements.
6.17.040 Standards.
6.17.050 Priority use for street banners, pole banners, and electronic messaging center signs.
6.17.060 Approval, applications, and fees.
6.17.070 Administration.
6.17.080 Enforcement.
6.17.010 Purpose.
A. The purpose of this chapter is to establish minimum rules and regulations to safely allow for the display of public service messages; announcements promoting events or tenants at city-owned facilities; community events; and artwork on street banners hung from city-owned infrastructure across city rights-of-way, on city-owned infrastructure, and on electronic messaging center signs.
B. The city-owned infrastructure and electronic messaging center signs upon which the street and pole banners are hung are not open public forums. They are limited public forums that can be used only for the specific purposes described in this chapter.
(Ord. No. 4401, § 1, 4-20-21)
6.17.020 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. City-owned infrastructure means poles, street light standards, or other street-related appurtenances located in rights-of-way and owned by the city of Kent.
B. City-sponsored means an organization that receives funding from the city, has a contractual relationship with the city, receives in-kind services from city staff, or the city of Kent is a member of the applying organization.
C. Communications manager means the city’s communications manager or the manager’s designee.
D. Director means the city of Kent public works director, or designee.
E. Electronic messaging center sign means a variable message sign that utilizes computer-generated messages or some other electronic means of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs, or PDPs.
F. Pole banner means a banner which is hung vertically from city-owned infrastructure in the right-of-way.
G. Public service message means a message posted and displayed by a governmental agency intended to protect and regulate the public health and safety or to convey information or news of interest to the general public.
H. Street banner means a sign composed of a durable, nonrigid material such as cloth or canvas which is hung above or across a right-of-way.
I. Street manager means the department of public works street and vegetation manager, or designee.
(Ord. No. 4401, § 1, 4-20-21)
6.17.030 General requirements.
A. Street banners, pole banners, and electronic messaging center signs may only be used to display:
1. Promotions for community events located in the city of Kent and sponsored by the city and/or a Kent-based nonprofit organization;
2. Promotions for tenants or events at a city-owned facility; and
3. Public service messages.
Street banners and pole banners may also be used to display decorative images or public art.
B. Organizations displaying on street banners, pole banners, and electronic messaging center signs may not discriminate in regard to race, creed, color, national origin, sex, religion, age, marital status, veteran status, disability status, sexual orientation, or any other basis prohibited by federal, state, or local law.
C. Promotions, public service messages and decorative images shall not:
1. Advertise products or services;
2. Contain political or campaign messaging or graphics;
3. Contain language that discriminates in regard to race, creed, color, national origin, sex, religion, age, marital status, veteran status, disability status, sexual orientation, or any other basis prohibited by federal, state, or local law; or
4. Contain corporate names or logos that exceed 10 percent of the area of each side of the total banner area.
D. Decorative images and art shall enhance the overall appearance, image, and design character of the street.
(Ord. No. 4401, § 1, 4-20-21)
6.17.040 Standards.
Street banners, pole banners, and messaging on the city’s electronic messaging center signs shall comply with the standards as set forth in this section.
A. Street banners:
1. Shall only be installed at pre-approved locations;
2. Shall maintain minimum clearance of 15 feet above all nonroadway right-of-way surfaces and 20 feet above all roadway surfaces;
3. Shall have a minimum size of three feet high by 25 feet wide and a maximum size of four feet high by 30 feet wide;
4. Shall be manufactured or produced by a commercial banner company, not homemade;
5. Shall have wind load slots or flaps;
6. Shall have grommets spaced approximately every three feet along the top and bottom of the banner placed one-half inch to three-quarters inch from the center of the grommet to the finished edge. All four corner grommets must be reinforced so as not to rip;
7. Shall limit the amount of text and the number of colors to avoid distracting drivers;
8. Shall not create confusion with traffic signals or signs by including words on a banner such words as STOP, YIELD, SLOW, etc. Neither shall the banner contain icons of any traffic signaling, colorations or instructions;
9. Shall not include internet addresses or email addresses, including domain names and uniform resource locators (URL);
10. Shall be printed on both sides; and
11. Shall have graphics and message approved prior to being hung.
B. Pole banners:
1. Shall only be installed at pre-approved locations;
2. Shall be 18 inches wide by 59 inches long;
3. Shall be manufactured or produced by a commercial banner company, not homemade;
4. Shall be printed on both sides; and
5. Shall have graphics and message approved prior to being hung.
C. Messaging on the city’s electronic messaging center signs shall not contain video, animation, blinking or flashing messages or images, and shall not change message more than eight times per minute.
(Ord. No. 4401, § 1, 4-20-21)
6.17.050 Priority use for street banners, pole banners, and electronic messaging center signs.
The city of Kent, its programs, and city-owned facilities have priority use of street banners, pole banners, and electronic messaging center signs. Other governmental, utility, or Kent-based nonprofit organizations working in partnership with the city will have use of city-owned infrastructure to display street banners, pole banners, or the use of the city’s electronic messaging center sign on a prioritized space available basis as specified within this section and in compliance with KCC 6.17.060.
A. Priority 1. Emergency notifications; and the city of Kent, its departments, programs, committees, and events and tenants at city-owned facilities.
B. Priority 2. Special districts, utilities, and community-based nonprofit organizations serving the city of Kent.
C. Priority 3. Other public service messages.
(Ord. No. 4401, § 1, 4-20-21)
6.17.060 Approval, applications, and fees.
A. Approval required. No person shall install or cause to be installed a street banner, a pole banner, or electronic messaging center sign without approval in conformance with this chapter. Approval for street banners or pole banners shall be issued only upon approval by the director with concurrence from the street manager and communications manager. The communications manager is responsible for the approval of an application to display messaging on electronic messaging center signs.
B. Application timing. Applications to install a street banner, pole banner, or messaging on electronic messaging center signs must be submitted at least 30 days in advance of the installation and no more than six months prior to the proposed installation.
C. Required information.
1. Organization name;
2. Copy of IRS tax-exempt certificate;
3. Organization contact information;
4. Description and date of community event; text of public service message; or depiction of art work for pole banner(s); and
5. Proposed location for street banner or pole banner(s).
D. Installation and removal.
1. All street banners, pole banners, and messaging on electronic messaging center signs will be installed and removed by city staff, as directed by the street manager or the communications manager on a scheduled installation or removal date. The street manager will maintain a list of approved locations for street banner and pole banner installations, which may be updated at the city’s sole discretion.
2. Street banners and pole banners shall be hung no more than one month in advance of a community event and city staff will remove street banners and pole banners approximately within three business days following the event.
3. Street banners and pole banners must be delivered to the city of Kent public works department no later than five business days prior to the scheduled installation date. Street banners and pole banners received late will only be hung as workload allows.
4. Organizations must collect all street and pole banners within 14 days of removal. Any banners remaining on or after the fifteenth day will be considered abandoned and disposed of by the city.
5. Fees for installation and removal of the street banners or pole banners by city staff will be charged at the staff’s established billable rate plus the cost of any materials necessary for the installation or removal. These fees shall be payable in advance.
6. Fees for use of the electronic messaging center signs will be charged at the established rate.
(Ord. No. 4401, § 1, 4-20-21)
6.17.070 Administration.
The communications manager is authorized to implement and administer this chapter and to develop a policy and procedures to implement and enforce this chapter. This policy may include, but is not limited to, setting forth additional priorities for applications to install a street banner or pole banner or display messaging on the city’s electronic messaging center sign and to designate specific geographical areas within the city in which commercial and promotional advertising may be permitted on pole banners.
(Ord. No. 4401, § 1, 4-20-21)
6.17.080 Enforcement.
A. Any street or pole banner installed without approval may be removed by city staff and destroyed if not claimed within seven calendar days. The owner of the street or pole banners will also be assessed the costs and expenses related to removal of the street or pole banner(s) by city staff.
B. All other signs are prohibited for private purposes on any equipment, facilities and structures, including, but not limited to, power poles, telephone poles, street light standards, sign posts, trees, traffic controllers, markers, railings, bridges, overpasses, and public buildings.
(Ord. No. 4401, § 1, 4-20-21)