1034.01  OVER-THE-STREET BANNER POLICY.
   This policy has been established to provide guidelines for sponsoring organizations who wish to display an over-the-street banner. This policy will also be in effect for City-supported functions and any other organization or event as set forth herein.
   (a)   The City's intent in adopting this policy is to create a welcoming environment for residents, employees and visitors in the City, and to promote the City.  Banners are not intended to provide an advertising venue to for-profit organizations and businesses and are not permitted for purposes of commercial gain.
   (b)   A written application to hang a banner must be submitted to the City Manager's office for approval. It shall include the date of the event, the name of the sponsoring organization, the name, address and telephone number of a contact person and a diagram of the proposed banner, including proposed text. If the event is a monthly event, the sponsoring organization may submit one application listing all the dates of their event. Events that occur more often than monthly should include the start and end date of each event.
   (c)   Application should be made no earlier than two months before the event. Submitting an application does not constitute automatic approval. The City will contact the organization if the application is approved. Applications made one week or less prior to the event date will be denied by the City.
   (d)   The City Manager will review and grant permission to install banners on an application-by-application basis.  Criteria for approval will include consistency with the City's mission, vision and values, past contributions to the community, participation by City residents and compliance with the terms of this policy and the banner specifications as set forth in Section 1034.02.  A denied application may be appealed to City Council.
   (e)   The banner's content must pertain to a City-sponsored event, which shall have first- priority status, or an event, held in the city, and sponsored by a civic, charitable, school, social, tax-exempt or non-profit organization (defined by IRS regulations), or other group promoting community events with a documented presence in the City, which shall have second-priority status.  In the event of a scheduling conflict between a City-sponsored event and an application for a non-City-sponsored event, placement will be granted to the City-sponsored event first.
   (f)   Except for City-sponsored events, the name of the sponsoring organization must appear on the banner, in legible type.  The sponsoring organization may include a business logo in place of or in addition to its name.  The business name and/or logo must appear at the bottom of the banner and comprise no more than 15% of the banner area.
   (g)   The banner's message may not advertise or promote commercial products or services or for-profit organizations; advertise political campaigns, or display a political message.
   (h)   The event must be open to all members of the public on substantially the same basis as members of the sponsoring organization, must not discriminate on any legally forbidden basis, and must be open to and suitable for persons of all ages.
   (i)   The sponsoring organization shall procure and maintain during the term of banner installation and display, at its own expense, the following insurance:
      (1)   Commercial general liability insurance with limits of not less than one million dollars ($1,000,000) combined single limit per occurrence; one million dollars ($1,000,000) annual aggregate;
      (2)   The City, along with its elected officials, officers, agents and employees, shall be named as additional insureds;
      (3)   An ACORD Certificate of liability insurance form 25-S and a copy of an endorsement including the aforementioned additional insureds shall be filed with the City Manager's office at the time the sponsoring organization receives a banner permit.  The certificate shall contain a provision that coverage afforded under the policy shall not be canceled or allowed to expire until at least 30 days prior written notice has been given to the City.  The sponsoring organization shall thereafter maintain current with the City both the certificate and endorsement until such time as the banner is removed;
      (4)   In addition to the foregoing, the sponsoring organization, its successors and assigns, agree to defend, hold harmless and indemnify the City, its elected officials, officers, agents and employees, against any and all loss, damage, claims or expense whatsoever by reason of injury (including death) to any person or property arising in any manner or under any circumstances whatsoever from the use, occupancy, operation or other activities by the sponsoring organization in connection with the banner, whether said injury or damage is suffered by the sponsoring organization, its agents, subcontractors, vendors, employees, or any other person whomsoever seeks to hold the City, its elected officials, officers, agents and/or employees liable.
   (j)   Once approved, the banner may hang for a maximum of two weeks before the event. If the event occurs more frequently than monthly, the banner must be removed for a period of at least two weeks between each two week display period. When multiple banner applications for non-City-sponsored events are filed for the same display period, the City cannot guarantee the location, dates, or the length of time that the banner will hang.
   (k)   The City provides three locations for over-the-street banners:
      (1)   At the intersection of East Pearl Street and North Main Street;
      (2)   East Central Avenue immediately west of Lawrence Avenue; and
      (3)   At the intersection of North Heincke Road and “old” East Central Avenue.
   (l)   Banner shall be provided to the City at no cost to the City.
   (m)   Banners shall be delivered to the Miamisburg Service Center, 600 North Main Street, at least three days prior to the scheduled hang date. Banners will not be hung if provided later.  The banner should be ready to display and meet the banner specifications in Section 1034.02.  Banner maintenance is the responsibility of the owner, therefore, a banner that does not meet the requirements set forth may be sent back so it can be brought into compliance.
   (n)   The City will hang banners in a timely manner, subject to the availability of City resources and weather.  Sponsoring organizations or their agents shall not install or remove banners, repair banners while hanging, or attempt to do so.
   (o)   The City assumes no responsibility for damage to banners, banners that are ill-fitting, loss, fading, inappropriate designs, banners that are delivered late, late installations, wind or storm damage or craftsmanship.
   (p)   The City will perform regular inspections of banner installations and reserves the right to remove any banner at anytime to protect and ensure public health and safety and the general welfare.
   (q)   Following the period of display or after the banner is otherwise removed, a list of any needed repairs will be attached to the banner so organizations can make the necessary corrections before their next scheduled event. The City suggests that the list remain attached to the banner until the repairs are made.
   (r)   Banners should be picked up within one week after the event is over at the Miamisburg Service Center, even if the banner will be used again.  If the banner has not been picked up after one week, the sponsoring organization contact person will be notified and given another week to pick it up. If the sponsoring organization does not pick up its banner within two weeks after the event is over, the City will dispose of the banner, at the sponsoring organization's cost.  The City does not store banners and will not be held responsible for the loss of a banner.
   (s)   The City reserves the right to refuse to hang any banner.  Banners with an offensive message and contrary to the values of the general public will not be permitted.  In addition, the City reserves the right not to hang a badly faded and/or damaged banner.
(Ord. 6216.  Passed 9-7-10.)