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. In allowing this limited signage on utility poles, in certain designated locations, the city does not intend to create a public forum, but rather intends 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, as defined in section 2.60.020 of this code, or 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 21A.46.020 of this chapter.
STREET BANNER: A temporary secured banner to be located along designated arterial or collector streets as shown on the adopted "Salt Lake City transportation master plan (major street plan: roadway functional classification)" map, or along Terminal Drive at the Salt Lake City International Airport, and displayed on a utility pole located in the public way.
C. Authority To Display: In order to encourage and promote community identity, community organizations, and community events, an eligible participant, as defined herein, may, after applying for and receiving a permit to do so, place street banners on existing utility poles in the public way.
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 public property only for the limited purpose of promoting and encouraging community identity, community organizations, or community events. Street banners located within the boundaries of a coordinated street banner program shall be managed by the respective coordinated street banner program administrators.
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 according to the adopted "Salt Lake City transportation master plan (major street plan: roadway functional classification)" map, or on utility poles along Terminal Drive at the Salt Lake City International Airport, if done in compliance with the requirements of this section.
2. Location:
a. Placement of street banners within locations identified on the "Salt Lake City transportation master plan (major street plan: roadway functional classification)" map, or on utility poles along Terminal Drive at the Salt Lake City International Airport, must be reviewed in relationship to proximity and use of other existing or proposed street banners and their sponsoring institutions. 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.
b. Street banners approved and managed by a coordinated street banner program shall be located within the boundaries of the program's specified management area.
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 noncandidate 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 and may establish regulations governing the application, approval, and placement of street banners within the geographic area specified by the agreement.
H. Application For Permit:
1. Street Banners To Be Located Outside The Boundaries Of A Coordinated Street Banner Program: Any person or entity who desires to display street banners to be located outside of the boundaries of a coordinated street banner program shall submit an application to the city transportation division. An application form must be submitted to the transportation division not more than six (6) months nor less than two (2) months before the first 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. The name, address, and telephone number of any licensed contractor hired to place or remove street banners;
c. A photograph, drawing, or other visual representation of the proposed street banners;
d. The proposed number of street banners and the proposed locations where the street banners will be placed;
e. The proposed dates for placement and removal of the street banners;
f. If the city does not own the real property or the utility pole upon which a street banner is proposed to be placed, evidence of written permission from the owner consenting to such placement; and
g. An application fee as shown on the Salt Lake City consolidated fee schedule.
2. 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 boundaries of a coordinated street banner program shall submit an application to the managing entity of the coordinated street banner program. The applicant shall submit any payment or fee required by the coordinated street banner program.
I. Standards For Granting Of The Permit: A street banner permit application shall be reviewed and a permit issued by the city transportation division 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 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 transportation division shall grant, modify, or deny the permit request.
K. 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 written notice issued by the city transportation division.
L. 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 by the applicant if they are torn or damaged after being hung.
2. Dimensions:
a. 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 0.75 inch. 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" x 88").
b. Promotional street banners may carry a sponsor's logo. The sponsor logo is limited to the bottom twenty percent (20%) of the banner. Sponsor information shall not exceed six inches (6") in height.
3. Banner Hanging Hardware: Any hardware installed on utility poles to hold banners must first be approved by the city transportation division. 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 trafficway, the top of the banner must be at least twenty two feet (22') above the ground. If the city does not own the utility pole or if the utility pole is not on city property, installation must be approved by the pole owner.
M. Duration Of Display: The street banners may be permitted to 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. The city reserves the right to remove street banners after the display period expires. If the applicant does not remove the street banners, the city may remove them and may charge the applicant for the cost of such removal.
N. Installation, Maintenance And Removal: Street banners and any hardware necessary to display them may be installed only 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 street banners and any hardware necessary to display them. The applicant is also responsible for any damage that may occur to the street banners, hardware, or utility poles while the street banners are being installed, displayed, or removed. The applicant shall immediately replace, repair or clean, as applicable, damaged or dirty street banners. At the expiration of the permit period, the applicant shall remove the street banners within five (5) business days. After installation, any hardware installed on utility poles shall become the property of the city and shall remain on the utility poles after removal of the street banners unless the city transportation division instructs the applicant to remove the hardware.
O. 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 as shown on the adopted "Salt Lake City transportation master plan (major street plan: roadway functional classification)" map that provide information about localized community events such as block parties, street fairs, or neighborhood celebrations and that contain no commercial content.
P. 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. 24-11, 2011)