Chapter 19.136
BANNERS OVER STREETS
Sections:
19.136.030 Banner ownership – Hanging, suspending and removal.
19.136.040 Permit – Who may obtain.
19.136.050 Permit – Application.
19.136.060 Permit – Fee – Payment – Review.
19.136.070 Permit – Issuance – Appeal.
19.136.080 Banner approved locations.
19.136.090 Banner message prohibitions.
19.136.120 Violation – Penalty.
19.136.010 Banner defined.
“Banner,” as used in this chapter, means any sign or display attached to public facilities on opposite sides of a public street and extending over a public street or sidewalk, or any portion thereof, containing writing and/or graphics thereon for the purpose of announcing community events. (Ord. 2357 § 1, 2004).
19.136.020 Permit required.
It is unlawful to erect, hang or suspend a banner in the City without a valid permit therefor having been issued in the manner herein provided. (Ord. 2357 § 2, 2004).
19.136.030 Banner ownership – Hanging, suspending and removal.
All banners for which permits have been granted shall remain the property of the applicants. All banners for which permits have been granted under this chapter shall be hung, suspended, maintained or removed only by employees of the City. (Ord. 2357 § 3, 2004).
19.136.040 Permit – Who may obtain.
Permits for erecting, hanging or suspending of banners may be obtained only by nonprofit organizations that have obtained IRS certification as tax exempt or any government agencies to announce a community event of general interest to the community, sponsored by the nonprofit organization or government agency. (Ord. 2357 § 4, 2004).
19.136.050 Permit – Application.
Any nonprofit organization that has obtained IRS certification as tax exempt or any governmental agencies sponsoring a community event and desiring to erect a banner to announce such event in the City, shall first make written application for a permit. The complete application shall be filed with the City on a form provided by the City.
The City Manager or his/her designee is hereby authorized to promulgate rules and procedures for filing permit applications. All permit applications shall comply with the rules and procedures as found in the permit application. (Ord. 2357 § 5, 2004).
19.136.060 Permit – Fee – Payment – Review.
There shall be imposed a permit fee for hanging or suspending a banner in the City, which fee shall be established by resolution and provide for recovery of the costs of reviewing the application and installing/removing the banner and other incidental costs associated with hanging or suspending a banner. The permit fee shall be paid to the City prior to the issuance of the permit.
Fees for services as provided in this section may be reviewed periodically by the City Council and adjusted to reflect costs incurred by the City. (Ord. 2357 § 6, 2004).
19.136.070 Permit – Issuance – Appeal.
All applications for permits to suspend or hang banners shall be reviewed by the Public Works Department at which time the Public Works Director may direct the issuance of a permit to the applicant upon such terms and conditions as may be set forth in rules and banner specifications promulgated by the City Manager or his/her designee. If the Director of Public Works denies the issuance of such permit, the appellant may appeal such denial in writing to the City Manager within 10 days of the denial. (Ord. 2357 § 7, 2004).
19.136.080 Banner approved locations.
The City shall maintain a list of approved locations for erecting, hanging or suspending banners. (Ord. 2357 § 8, 2004).
19.136.090 Banner message prohibitions.
The message on a banner shall not advocate a political position, choice of candidate or political party. The banner message shall not advertise a specific product, event or activity of a for-profit organization. The banner message shall not state any religious belief or doctrine. (Ord. 2357 § 9, 2004).
19.136.100 Specifications.
The City Manager or his/her designee is hereby authorized to promulgate rules and banner specifications to implement the provisions of this chapter. No banner shall be erected, hung or suspended unless the banner conforms to the rules and banner specifications as promulgated by the City Manager or his/her designee. The rules and requirements promulgated hereunder shall be in writing and kept and maintained by the Public Works Department and shall be available to the public for inspection or copying upon request. (Ord. 2357 § 10, 2004).
19.136.110 Indemnification.
Except when the City is the applicant, any person or agency desiring to erect, hang or suspend any banner over or across the public streets or thoroughfares of the City as defined in MTMC 19.136.010 shall execute an agreement holding the City, its officers, employees and agents harmless and agreeing to indemnify the City from any and all claims arising out of the applicant’s actions in connection with any approval granted by the City authorizing the erecting, hanging or suspension of any banner. The applicant will faithfully repair and replace all property damaged. (Ord. 2357 § 11, 2004).
19.136.120 Violation – Penalty.
Any person erecting, hanging or suspending any banner across the public streets and thoroughfares of the City without compliance with the provisions of this chapter and any rules adopted pursuant thereto shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000 per day. Each day upon which a violation occurs or continues shall constitute a separate violation. In addition to the penalties provided herein, the City is authorized to remove any banner erected, hung or suspended in violation of this chapter and the City may recover all reasonable costs and fees associated with the removal and all court costs, attorney’s fees and other expenses of litigation against the person, organization, firm or corporation found to have violated the provisions of this chapter. (Ord. 2357 § 12, 2004).