A. Authority To Display: In order to encourage and promote community identity, community organizations and community related activities and events, an eligible participant, as defined herein, may, after applying for and receiving a permit to do so, hang banners on existing utility poles in the public way; provided, that such banners contain no commercial content and in no way identify a commercial product or business logo, except that the banners may contain the applicant's logo.
B. Eligible Participants: The City will accept applications for a permit to display street banners only from community organizations or from governmentally owned libraries and educational institutions. Street banners may be placed on existing utility poles in the public way only for the limited purpose of promoting and encouraging community identity, community organizations or community activities and events.
C. Approved Display Areas: Street banners may be placed on any existing utility poles within the locations identified on the "Street Banner Map" maintained by the Public Utilities. No street banners shall be allowed outside of those designated areas.
D. Application For Permit:
1. Any person or entity who desires to display such street banners must first apply for and obtain a permit for such display from the Public Utilities, who shall provide a form for the application. The application must be submitted to Public Utilities not less than ten (10) days and not more than six (6) months before the date the street banners are proposed to be displayed and must contain the following:
a. The name, address 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; and
c. The proposed number of street banners and the proposed locations where the street banners will be placed.
2. If the City does not own the real property or the utility poles upon which the street banners are proposed to be placed, the applicant must present written permission from the appropriate pole owner(s) consenting to such placement.
3. An application and permit fee as contained in the City consolidated fee schedule.
E. Granting Of The Permit; Standards: The permit may be granted by Public Utilities on a first come first served basis, upon a determination that the application has been properly completed, and that:
1. The location and placement of the street banners will not endanger public safety, including motorists and pedestrians by interfering with streetlighting, obstructing traffic signs or other control devices, or otherwise creating dangerous distractions;
2. The street banners will not cover or blanket any prominent view of a structure or facade of historical or architectural significance;
3. The street banners will not materially obstruct the view of users of adjacent buildings to side yards, front yards or to open space;
4. The street banners will not negatively affect the visual quality of a public open space, such as a public recreation facility, square, plaza, courtyard or the like in any material or substantial way;
5. The street banners are compatible with building heights of the existing neighborhood and do not impose a foreign or inharmonious element to an existing skyline; and
6. The street banners do not adversely affect the health, safety or welfare of the public in any material way, and do not violate Building Code regulations regarding ingress, egress or fire protection.
F. Time For Approval Or Disapproval Of Application: Within fourteen (14) days after receiving the application for a permit, the Public Utilities shall either grant, modify or deny the permit request.
G. Judicial Review Of Denial: Any person adversely affected by the granting or denial of the permit may appeal such decision to a court of competent jurisdiction, after receiving notice of the decision. The decision granting or denying the permit shall be effective on the date of the written notice issued by the Public Utilities, unless the Mayor orders otherwise.
H. Banner And Hardware Standards: 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 will not be hung and will be promptly removed by the applicant, if damaged after being hung. The street banners shall not exceed an overall length of ninety six inches (96") and a width of thirty inches (30"). There shall be a six inch (6") sleeve at the top of the street banner to slide over the bracket. The bottom shall have a two inch (2") hem, and the sides shall have a minimum hem of three-fourth inches (3/4"). There shall be two (2) grommets at the bottom of the street banner. The graphic area shall not exceed twenty six inches by eighty eight inches (26"x88"). A diagram outlining these street banner standards is on file in the City office. Any hardware installed upon utility poles must first be approved by the Public Utilities. All street banners and hardware shall be installed such that the top of the street banner is at least eighteen feet (18') above the ground. If the street banner hangs over the traffic way, the top of the banner must be at least twenty two feet (22') above the ground.
I. Duration Of Display: The street banners may be permitted and be in place for a period not to exceed thirty (30) days. If no other applicant has applied for permission to place street banners in the same location, that initial thirty (30) day display period may be extended for an additional period 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 banners are determined to constitute a safety hazard.
J. Installation, Maintenance And Removal: Street banners, and any hardware necessary to display such street banners, may only be installed by a licensed contractor approved by the City. Except as may be otherwise determined by the City, the applicant is responsible for all costs associated with installation, maintenance and removal of all street banners and any hardware necessary to display such street banners. The applicant is also responsible for any damage which may occur to the street banners or hardware while they are being installed, displayed or retrieved. Damaged or dirty street banners must be removed immediately by the applicant. The cleaning and repair of street banners is the responsibility of the applicant. At the expiration of the permit period, the street banners shall be promptly removed by the applicant. After installation, any hardware installed on utility poles shall become property of the City, and shall remain on the utility poles after removal of the street banners.
K. Enforcement: The City may enforce the terms and limitations of this chapter through any lawful means. (2019 Compilation)