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HomeMy WebLinkAbout2008-002 Public Banners and Decorations on Streets and Buildings; YMC Amendment ORDINANCE NO. 2008 -02 AN ORDINANCE concerning street and building banners and decorations, amending Chapter 10 32 of the City of Yakima Municipal Code to limit the locations where public banners and building decorations may be displayed within the City, restricting the persons that may be allowed to install said banners and building decorations, amending the liability requirements for installers, and amending sections 10 32.010, 10 32.020, 10 32 030 and10 32.040 of Chapter 10 32 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 10 32.010 of Chapter 10 32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.010 Compliance with chapter. It is unlawful for any person, firm or corporation to erect, construct, place, attach to, or in any way suspend from any building, Tight standard, support wires, trolley or telephone wires in City right -of -way any banners or other decorative material, for advertising or decorative purposes, in any location other than where City approved poles /wires exist similar to those in the vicinity of east Yakima Avenue and Naches Avenue, east Yakima Avenue and north 1 Street, east Yakima Avenue and north Front Street, north 1 Street and east A Street and /or west Yakima Avenue and 7 Avenue, and without first complying with the terms of this chapter " Section 2. Section 10 32.020 of Chapter 10 32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.020 Permit - -Bond. Permits for the installation of banners and /or decorative material, as described in Section 10 32.010, shall be issued only when permission therefore has been granted as hereinafter set forth " Section 3. Section 10 32 030 of Chapter 10 32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.030 Bond -- Liability insurance. A. Before any permit shall be issued to a licensed sign installation company for the installation of outdoor banners or other decorative material for advertising or decorations, and as a prerequisite thereto, the licensed sign installation company shall execute and deliver to the city of Yakima a certificate of insurance from a surety company authorized by law to transact the business of surety in the state of Washington, providing that the applicant shall keep and save harmless the City, its officers, officials, agents and employees from any and all claims, damages, judgments and expenses, together with any other liability that may arise, from any and all claims, damages, judgments and expenses and any other liability that may arise from any negligence of the applicant, its agents, servants, contractors or employees, or any of them, in the erection, servicing, maintaining or removing of any banner or other decorative material The certificate of insurance shall provide the following minimum liability coverage Combined Single Limit (jc)ord /Street and Building 1 Decorations Coverage in the amount of $5,000,000 00, or a combination of primary general liability limits of $1,000,000 00 and an umbrella of $4,000,000 00 B No permit shall be issued pursuant to this Chapter until the applicant has executed an agreement whereby the applicant agrees to defend, indemnify and hold harmless the City of Yakima and any of its officers, agents and employees from any and all liability resulting from the granting of said permit. This agreement shall be in substantially the following form HOLD HARMLESS AGREEMENI1 State of Washington) ) ss County of Yakima) , first being duly sworn (name of applicant) on oath deposes and says. I am the applicant or lawful agent of an applicant for a banner permit authorized pursuant to Chapter 10 32 of the City of Yakima Municipal Code I know and understand the risks inherent in installing banners and /or decorations that include, but are not limited to obstruction to traffic, collision with obstructions and contact with high voltage lines. I understand that in granting to me the aforementioned permit, the City may become liable to others because of the risks in the installation of banner and /or decorative materials including but not limited to, those risks mentioned herein In consideration for granting the aforementioned permit, I agree to defend, indemnify and hold harmless the City of Yakima, its officers, agents and employees against any and all claims or liability based on or arising from the granting of the aforementioned permit. (authorized representative of licensed sign company /installer) State of Washington) County of Yakima) On this day of , 20 , before me personally appeared , whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he /she executed the same Notary Public in and for the State of Washington, Residing at My commission expires 11 Section 4 Section 10 32.040 of Chapter 10 32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.040 Application for permit- -Fee. (jc)ord /Street and Building 2 Decorations Before any permit, as herein referred to, shall be issued, application, therefore must be made by a licensed sign installation company as outlined in YMC Chapter 11 08 The application shall be made in writing, shall clearly describe the banner and /or decorations contemplated, the placement and removal date for the banners and /or decorations, the places where the same are intended to be installed and the manner of placing and locating thereof Upon the receipt of said application, the Code Administration and Planning Manager shall determine whether or not the installation of said banner and /or decorations will be likely to constitute a hazard to the safety of the inhabitants of the city of Yakima and to property rights, and, if in the exercise of his judgment and discretion, he shall determine that the installation thereof, as contemplated, could be made and thereafter maintained with reasonable safety, the Code Administration and Planning Manager shall order a permit to be issued therefore upon payment to the Office of Code Administration and Planning a license fee of fifty dollars ($50 00) each for banners and decorative material located on Yakima Avenue and twenty -five dollars ($25 00) each for banners and decorative material located on north Front Street and /or east A Street. No banner permit application shall be approved, nor a permit issued to other than a contractor who has been issued a certificate of registration by the Washington State Department of Licenses pursuant to Chapter 18.27 of the Revised Code of Washington The size of the banner(s) shall be four (4) feet in height and a maximum of forty (40) feet in width with a minimum of 20% of the banner area having air passage vents provided The banner(s) shall be made from durable Tight weight material meeting banner manufacturer's standards and designed to withstand wind speeds of 80 MPH Connections to City support cables shall be made with sufficient number and size of fasteners to safely support the weight of the banner, including wind loading Grommets shall be provided in the banner material at each attachment point. Lines shall be provided at corners of banners to position and maintain banner deployment. Lines shall be securely fastened to strain pole cable brackets with mechanical fasteners such as steel carabiners or similar devices. Banner permits shall be valid for a period of two weeks. Requests for permit extensions will be considered by the Director of Community and Economic Development, or his designee, based on other requests for banner placement that are pending /approved Banners must be removed no later than three (3) days after the permit expiration date Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signe• and approve • this 5th day of February, 2008 ATTEST David Edler, Mayor OotsL, City Clerk Publication Date 2 -8 -08 Effective Date 3 -9 -08 (jc)ord /Street and Building 3 Decorations • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT i Item No. For Meeting of February 5, 2008 ITEM TITLE: Consideration of amendments to YMC Chapter 10.32 Relating to Banner Permits in the Downtown Area SUBMITTED BY: William R. Cook, Director of Community Economic Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning Manager (576 -6183) SUMMARY EXPLANATION: Since the City installed guy -wires across Yakima Avenue, there have been increasing numbers of applications for banner permits to promote a variety of events. This increase in applications prompted a review of the current banner permit process in order to ensure public safety and to minimize the City's liability. The proposed amendments were discussed at the Downtown (DT) Future Initiative Committee meeting on Thursday, January 24, 2008. Attending were standing member, Council Member Norm Johnson and invited members, Council Members Rick Ensey and Kathy Coffey. The DT Future Initiative Committee is recommending approval of the proposed amendments to the full Council. (Cont'd on Page 2) Resolution Ordinance X Other (Specify) Contracts Mail to (name and address): Phone: Funding Source ; , 1. APPROVED FOR SUBMITTAL: - City Manager ■•' STAFF RECOMMENDATION: Approve amendments to Chapter 10.32 of the Yakima Municipal Code. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: ORDINANCE NO. 2008 - 02 AN ORDINANCE concerning street and building banners and decorations, amending Chapter 10 32 of the City of Yakima Municipal Code to limit the locations where public banners and building decorations may be displayed within the City, restricting the persons that may be allowed to install said banners and building decorations, amending the liability requirements for installers; and amending sections 10 32 010, 10 32 020, 10 32 030 and10.32 040 of Chapter 10 32 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Section 10 32 010 of Chapter 10.32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.010 Compliance with chapter. It is unlawful for any person, firm or corporation to erect, construct, place, attach to, or in any way suspend from any building, light standard, support wires, trolley, or telephone wires in City right -of -wayor electric light pole within the first or second fire zones of the city of Yakima, any flags, banners, festoons, draperies or other decorative material, whether or not inflammable, for advertising or decorative purposes, in any location other than where City approved poles /wires exist similar to those in the vicinity of east Yakima Avenue and Naches Avenue, east Yakima Avenue and north 1 Street, east Yakima Avenue and north Front Street, north 1 Street and east A Street and /or west Yakima Avenue and 7 Avenue, and without first complying with the terms of this chapter " Section 2. Section 10.32.020 of Chapter 10.32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.020 Permit - -Bond. Permits for the installation of banners and /or decorative matenaloutdoor advertising or decoration, as described in Section 10 32 010, shall be issued only when permission therefore has been granted as hereinafter set forth and only upon the execution of a bond or the giving of public liability insurance as provided in Section 10 32 030 " Section 3. Section 10 32 030 of Chapter 10 32 of the City of Yakima Municipal Code is hereby amended to read as follows: "10.32.030 Bond -- Liability insurance. A. Before any permit shall be issued to an licensed sign installation company applicant for the installation of outdoor banners or other decorative material for advertising or decorations, and as a prerequisite thereto, the licensed sign installation companyapplicant shall execute and deliverfile with the city clerk a surety bond, payable to the city of Yakima, a certificate of insurance from a in such sum as the city manager shall have fixed and determined as a condition precedent for the issuance of said permit, said bond to be executed by said applicant, as principal, and by some surety company authorized by law to transact the business of surety in the state of Washington, providing that the applicant shall keep and save harmless the City, its officers, officials, agents and employees from any and all claims, damages, judgments and expenses, together with (jc)ord /Street and Building 1 Decorations any other liability that may arise, from any and all claims, damages, judgments and expenses and any other liability that may arise from any negligence of the applicant, its agents, servants, contractors or employees, or any of them, in the erection, servicing, maintaining or removing of any banner or other decorative material The certificate of insurance shall provide the following minimum liability coverage Combined Single Limit Coverage in the amount of $5,000,000 00, or a combination of primary general liability limits of $1,000,000 00 and an umbrella of $4,000,000 00 as surety, which bond shall be approved by the city manager, and conditioned that in the event any person, firm or corporation shall institute suit or action against the city of Yakima in any court of competent jurisdiction, claiming damages on account of injuries to person or damage to property by reason of the negligent or careless installation, construction, operation or maintenance thereof, the principal and the surety in said bond shall, at their own personal cost and expense, defend any such suit or action and pay any judgment and /or carry out or perform any decree which may be entered in such suit or action Said bond may also contain such additional provisions as the city manager shall deem necessary and proper In lieu of the bond as hereinabove provided for, the applicant, with the consent of the city manager, may furnish public liability insurance furnishing the same protection as specified in the provisions relating to the bond herein, which said public liability insurance shall be executed by some insurance company duly authorized to transact business of the character within the state of Washington. The bond and /or the policy of public liability insurance must be approved by the city attorney before any permit shall be issued B No permit shall be issued pursuant to this Chapter until the applicant has executed an agreement whereby the applicant agrees to defend, indemnify and hold harmless the City of Yakima and any of its officers, agents and employees from any and all liability resulting from the granting of said permit This agreement shall be in substantially the following form HOLD HARMLESS AGREEMENT' State of Washington) ) ss. County of Yakima) , first being duly sworn (name of applicant) on oath deposes and says I am the applicant or lawful agent of an applicant for a banner permit authorized pursuant to Chapter 10.32 of the City of Yakima Municipal Code I know and understand the risks inherent in installing banners and /or decorations that include, but are not limited to obstruction to traffic, collision with obstructions and contact with high voltage lines I understand that in granting to me the aforementioned permit, the City may become liable to others because of the risks in the installation of banner and /or decorative materials including but not limited to, those risks mentioned herein In consideration for granting the aforementioned permit, I agree to defend, indemnify and hold harmless the City of Yakima, its officers, agents and employees against any and all claims or liability based on or arising from the granting of the aforementioned permit (authorized representative of licensed sign company /installer) (jc)ord /Street and Building 2 Decorations State of Washington) County of Yakima) On this day of , 20 , before me personally appeared , whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he /she executed the same Notary Public in and for the State of Washington, Residing at My commission expires Section 4 Section 10 32 040 of Chapter 10 32 of the City of Yakima Municipal Code is hereby amended to read as follows "10.32.040 Application for permit - -Fee. Before any permit, as herein referred to, shall be issued, application therefore must be made by a licensed sign installation company as outlined in YMC Chapter 11 08 to the city manager, whichThe application shall be made in writing, shall clearly describe the banneradvertising and /or decorations contemplated, the placement and removal date for the banners and /or decorations, the places where the same are intended to be installed and the manner of placing and locating thereof shall be clearly set forth therein. Upon the receipt of said application, the Code Administration and Planningcity m Manager shall determine whether or not the installation of said banneradvertising and /or decorations will be likely to constitute a hazard to the safety of the inhabitants of the city of Yakima and to property rights, and, if in the exercise of histheir judgment and discretion, they shall determine that the installation thereof, as contemplated, could be made and thereafter maintained with reasonable safety, the Code Administration and Planningcity mManager shall order a permitthe city clerk to be issued a permit therefore upon payment to the Office of Code Administration and Planningcity clerk of a license fee of fiftytwenty -five dollars ($50.00) each for banners and decorative material located on Yakima Avenue and twenty -five dollars ($25.00) each for banners and decorative material located on north Front Street and /or east A Street and upon the posting of the bond or the furnishing of public liability insurance as required in Section 10 32 030 Such permit, in no event, shall be issued for a period longer than one year. No banner permit application shall be approved, nor a permit issued to other than a contractor who has been issued a certificate of registration by the Washington State Department of Licenses pursuant to Chapter 18 27 of the Revised Code of Washington The size of the banner(s) shall be four (4) feet in height and a maximum of forty (40) feet in width with a minimum of 20% of the banner area having air passage vents provided. The banner(s) shall be made from durable light weight material meeting banner manufacturer's standards and designed to withstand wind speeds of 80 MPH Connections to City support cables shall be made with sufficient number and size of fasteners to safely support the weight of the banner, including wind loading Grommets shall be provided in the banner material at each attachment point (3c)ord /Street and Building 3 Decorations Lines shall be provided at corners of banners to position and maintain banner deployment Lines shall be securely fastened to strain pole cable brackets with mechanical fasteners such as steel carabiners or similar devices Banner permits shall be valid for a period of two weeks Requests for permit extensions will be considered by the Director of Community and Economic Development, or his designee, based on other requests for banner placement that are pending /approved Banners must be removed no later than three (3) days after the permit expiration date. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 5th day of February, 2008 ATTEST: -vid Edler, Mayor City Clerk Publication Date: 2 -8 -08 Effective Date 3 -9 -08 (jc)ord /Street and Building 4 Decorations Page 2 A summary of proposed amendments to Chapter 10.32 of the Yakima Municipal Code is as follows: • Provide specific banner locations subject to this ordinance and banner permit fees, based on location. • Remove obsolete language. • Require banner permits applications be submitted by, and permits issued to, sign companies licensed with the State of Washington and the City of Yakima. • Increase the liability insurance coverage requirements for sign companies. • Addition of a Hold Harmless Agreement. • • Addition of specific banner code requirements. e Addition of language to limit the length of time a banner can be posted to two weeks, • Addition of a 3 -day Kanner removal nrovision. The proposed revisions do not limit the number of locations that can be applied for; nor does it distinguish between local or other events.