A. Purpose: The purpose of this section is to designate the use of certain utility poles for the display of street banners to benefit local neighborhoods and the City as a whole by allowing street banners for the limited purpose of encouraging and promoting community identity, community organizations, and community events. This limited signage on utility poles, in certain designated locations is intended to create a limited or nonpublic forum for the purposes set forth herein.
B. Definitions:
APPLICANT: Any person or organization that makes application for a street banner permit as described herein.
COMMUNITY EVENT: A significant occurrence, happening, or activity in a given local neighborhood at a given place and time of specific and limited duration.
COMMUNITY ORGANIZATION: A City recognized, community based organization which is a local, nonprofit 501(c)(3) tax exempt status organization.
COORDINATED STREET BANNER PROGRAM: A program described in subsection G of this section.
LOGO: A business trademark or symbol.
SIGN: A "sign" as defined in section 13.04.040 of this title.
STREET BANNER: A temporary secured banner to be located along designated arterial or collector streets, and displayed on a utility pole located in the public right-of-way or on City property. Street banner shall not include banners located or suspended over public streets. Banners overhanging public streets shall not be permitted.
C. Authority To Display: In order to encourage and promote community identity, community organizations, and community events, an eligible participant, as defined herein, may apply for a permit to have street banners owned by the applicant placed on existing utility poles in the public way, or on City-owned property.
D. Eligible Participants: The City will accept applications for a permit to display street banners only from community organizations, City and County government, the State of Utah, or from governmentally owned educational institutions. Applications for political and for profit promotional street banners will not be accepted. Street banners may be placed on existing utility poles in the public way or on City-owned property only for the limited purpose of promoting and encouraging community identity, community organizations, or community events.
E. Approved Display Areas:
1. Approved Areas: Street banners may be placed on any existing utility poles that are located along designated arterial or collector streets.
2. Location: Placement of street banners must be reviewed in relationship to proximity and use of other existing or proposed street banners. In certain locations, such banner uses may have the potential for adverse impacts if located without careful planning. Such impacts may interfere with the enjoyment of adjacent property and uses.
F. Display Content And Design:
1. Allowable Displays: The following displays are permitted on street banners:
a. Advertisements or promotions of community organizations;
b. Advertisements or promotions of community events;
c. Advertisements or promotions of activities sponsored by the City, Salt Lake County, the State of Utah, or a governmentally owned educational institution;
d. Advertisements or promotions of community events that are commercially sponsored;
e. Welcome messages, such as those for class reunions, conventions, conferences, athletic tournaments, or local winners of major events;
f. Advertisements or promotions of sales and fundraising events for youth organizations, community organizations, and community service organizations for their program support; or
g. Nonpartisan and no candidate voting information.
2. Nonallowable Displays: The following displays are not permitted on street banners:
a. Personal messages;
b. Promotion of a commercial for profit enterprise, activity, or event;
c. Advertisements for clubs, churches or for profit organizations promoting an event with an admission charge;
d. Advertisements for religious organizations with a message not described in subsection F1 of this section;
e. Messages of political parties or political groups that are not described in subsection F1 of this section; or
f. Advertisements of clubs or organizations for events that are primarily open only to members of those clubs or organizations.
G. Management Of Coordinated Street Banner Programs: The City may enter into agreements with community, government, or educational organizations to manage a coordinated street banner program within a specified geographic area. Coordinated street banner programs shall be subject to requirements as set forth herein. Such agreements must be approved by the City Manager. The City may establish regulations governing the application, approval, and placement of street banners within a geographic area specified by an approved permit.
H. Application For Permit:
1. Street Banners To Be Located Within The Boundaries Of A Coordinated Street Banner Program: Any person or entity who desires to display street banners within the City shall submit an application to the Community Development Director with a copy to the City Recorder not more than six (6) months or less than sixty (60) days before the date the banners are proposed to be displayed. The application shall also include:
a. The name, addresses, and telephone number of the applicant, or if an organization, the name, address and telephone number of a contact person;
b. A photograph, drawing, or other visual representation of the proposed street banners;
c. The proposed number of street banners and the proposed locations where the street banners will be placed;
d. The proposed dates for placement and removal of the street banners;
I. Standards For Granting Of The Permit: A street banner permit application shall be reviewed and a permit issued by the City upon a determination that the application has been properly completed, and that:
1. The location and placement of the street banners shall be a minimum of thirteen and one-half feet (131/2') above the asphalt travel lane and ten feet (10') over sidewalks and shall not endanger public safety, including motorists and pedestrians, by interfering with street lighting, obstructing traffic signs or other control devices, or otherwise creating dangerous distractions; and
2. The street banners would comply with all other requirements of this section.
J. Time For Approval Or Disapproval Of Application: Within thirty (30) days after receiving the application for a permit, the City Community Development Department shall grant, modify, or deny the permit request.
K. Street Banner And Hardware Standards:
1. Materials: Street banners must be constructed of a material that can withstand the normal and reasonably expected forces of nature for the period of time they are displayed. Torn or damaged street banners shall not be hung and shall be promptly replaced if they are torn or damaged after being hung.
L. Duration Of Display: The street banners may be in place for a period of at least seven (7) days but not more than thirty (30) days. As long as no other applicant has applied for permission to place street banners in the same location, that initial thirty (30) day maximum display period may be extended for additional periods of thirty (30) days. Notwithstanding the foregoing, the City may order that street banners be removed prior to the expiration of any permit period, if such street banners are determined to constitute a safety hazard, blight, or otherwise not meet the requirements of this section.
M. Local Street Banners: Nothing in this section shall apply to: 1) holiday decorations (such as lights, wreaths, garlands, or similar decorations) attached to utility poles, or 2) banners on utility poles located on local streets that provide information about localized community events such as block parties, street fairs, or neighborhood celebrations and that contain no commercial content.
N. Effect Of Invalidity: If any portion of this section is determined to be illegal, invalid, unconstitutional, or superseded, in whole or in part, this entire section shall forthwith be voided and terminated, subject to the following provisions: 1) in the event of a judicial, regulatory, or administrative determination that all or some part of this section is illegal, invalid, unconstitutional, or superseded, such action shall be effective as of the date of a final appealable court order; and 2) in the event of any State or Federal legislative action that renders any portion of this section illegal, invalid, unconstitutional, or superseded, such action shall be effective as of the effective date of such legislative action. (Ord. 2018-07, 5-17-2018)