1341.13 TEMPORARY DISPLAY ON CITY PROPERTY.
(a) Dover parcel number 15-04033-000 shall be designated a temporary display space for applicants who want to put a temporary display on City owned property. Private temporary displays shall not be allowed on the Dover Public Square and Dover Downtown Administrative Offices properties. The Dover Public Square properties consist of the four unnumbered parcels on the comers of N. Wooster Avenue and Third Street and lot 15-06011-000. The Dover Downtown Administrative Offices properties are properties owned by Dover east of N. Wooster and south of Third Street and north of Second Street, and not included in the Dover Public Square Properties.
(b) The ARB board shall be designated the appropriate board having jurisdiction to consider applications to place a temporary display on lot 15-04033-000.
(c) A temporary display is any non-oral request to display speech that would contact or be affixed to ground unless carried by an individual while displayed.
(d) Temporary displays, absent a showing of substantial need, shall be granted for a maximum period of three weeks. If there are no other requests for a display on the same location, a person or related person may file a second application to be considered by the ARB board. No display by more than one person or related person shall be allowed for more than six weeks per calendar year. Private temporary displays shall be allowed on city owned property only on lot 15-04033-000.
(e) Except as provided in the preambles to Ordinance 63-19, the ARB board shall adopt an application form for use by persons asking to have a temporary display on City lot 15-04033-000. With the application, the requestor or applicant must provide drawings or pictures, and the dimensions of the display. The display must meet traffic safety setback requirements and not interfere with the paved alley, the right of way or the sidewalk.
(f) No permanent private displays shall be allowed on City property. Displays by the same person or related persons shall be considered permanent if more than six weeks.
(g) Requests to display shall not be denied based upon content except as provided under Section 1341.13 (h).
(h) Request to display may be denied if pornographic under Supreme Court guidelines. In the event that a request is denied under this section, the Board shall notify Council of that denial.
(i) Applicant, if the anchors for the display extend more than eighteen (18) inches below ground, must demonstrate that the display does not create a health, safety, or welfare considerations with regards to its placement, including interference with any below ground or above ground utilities. Large displays that would cause a safety concern may require engineering requirements be met. Applicant must also comply with any building permit requirements under Ohio State law which Dover does not administer. Applicant has a duty to safely place and remove his display at the end of the period for placement so as not to be a safety hazard to the public or an expense to the City of Dover.
(j) Applicants who are granted the right to place a temporary display on City property, prior to the placement of the display on City property, shall be required to sign an indemnity agreement that holds Dover, its employees, its Board and Board members, and Dover's representatives harmless for any and all liability arising out of the placement of the temporary display, including liability for injuries or damages arising out of the placement of the display or from the display.