HomeMy WebLinkAbout04/18/2017 06L Banners Above Yakima Ave and Front Street; YMC Amendment 8.30BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 61.
For Meeting of: April 18, 2017
ITEM TITLE: Ordinance amending Yakima Municipal Code Chapter 8.30
regarding Street and Building Decorations, specifically banners
above Yakima Avenue and Front Street
SUBMITTED BY: Sean Hawkins, Economic Development Manager
Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
Chapter 8.30 of the code is the chapter that addresses the street banners that are suspended
over Yakima Avenue and Front Street. The area above roadways is not a traditional public forum,
and the City has chosen, by allowing such banners, to create a limited public forum. As such, it is
important that the ordinance is clearly worded as to what is allowed and not allowed. The
amendments make clear the intent to only allow non-profit and community activities be posted in
the banner space.
Further, the amendments remove the preference for annual community events, putting all events,
annual and new, in the same position when requesting banner space. It also removes the ability
for other communities to put banners in Yakima advertising their community events.
Finally, it creates a method to recoup costs in the event banners are not taken down by the date
required.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FORcl*�
SUBMITTAL: "City Manager
STAFF RECOMMENDATION:
Pass ordinance.
BOARD/COMMITTEE RECOMMENDATION:
Item reviewed at the Council Economic Development Committee at their March 23, 2017
meeting. Committee voted 3-0 to move item to full City Council for their consideration.
ATTACHMENTS:
Description Upload Date Type
D Ordinance - YMC 8.30 - Redline 4/612017 Ordinance
D Ordinance - YV1C 8.30 - FINAL 4/6/2017 Ordinance
ORDINANCE NO. 2017 -
AN ORDINANCE amending Yakima Municipal Code Chapter 8.30 regarding Street and
Building Decorations, specifically banners above Yakima Avenue and
Front Street.
WHEREAS, amendments to the code are proposed to comply with the U.S. Supreme
Court decision of Reed v. Gilbert, and to address other matters that needed to be amended in
the code; and
WHEREAS, Chapter 8.30, which regulates the placement and type of banners that are
allowed to be hung in the limited public forum space over Yakima Avenue and Front Street,
consists of regulations that needed to be amended; and
WHEREAS, the Economic Development Committee reviewed the proposed changes on
March 23, 2017, and recommended that they be forwarded to the full Council; and
WHEREAS, the City Council of the City of Yakima hereby finds and determines that
approval of such amendment is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 8.30 of the City of Yakima Municipal Code, Street and Building
Decorations, is hereby amended to read as follows:
Chapter 8.30
STREET AND BUILDING DECORATIONS
Sections:
8.30.010 Definitions.
8.30.015 Purpose.
8.30.020 Compliance with chapter.
8.30.030 Street pole light standards reserved for exclusive city use—Location.
8.30.040 Qualified applicants.
8.30.050 Street banners—Community events—Exceptions.
8.30.060 Permit.
8.30.070 Application for permit—Fee.
8.30.080 Conditions of permit.
8.30.090 Licensed installer—Proof of insurance—Hold harmless.
8.30.100 Applicability of chapter.
8.30.110 Severability.
8.30.010 Definitions.
(a) "Street banner' means a sign consisting of fabric and containing a public service
message or event announcement which is hung above or across a public right-of-way.
(b) "Vertical banner" means a street banner, consisting of fabric and containing a
public service message, an event announcement or approved decorative images, which
is hung vertically in public right-of-way.
(c) "Manager" means the economic development manager of the city of Yakima
(d) "City manager' means the city manager of the city of Yakima.
(e) "Installer' means a person or entity who physically hangs the street banner over the
public right-of-way and who has the required skill and equipment to properly and safely
hang the street banner, and who is licensed to perform such installation pursuant to
Chapter 11.08 YMC.
(f) "Grommet" means a protective eyelet in a street banner that prevents damage to
the material.
(g) "Decorative material" means any material that is ornamental and not required for the
functionality of the item upon which the material is placed. Decorative material includes,
but is not limited to, fabric, streamers, vines, branches or other greenery used for a
decorative purpose, streamers, or material used to embellish a sign that does not lie
flush with the sian itself. or exceeds the sian's dimensions.
(h) "Decorative purposes" means for the purpose of decoration, rather than advertising
or promoting an activity or event or a public service message. Examples of decorative
purposes are lights and decorations for various holidays, or the installation of vines,
plants or other items to commemorate the changing of the seasons.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.015 Purpose.
The purpose of this chapter is to ensure the aesthetic character, and to promote the
public health, safety and general welfare. This chapter is also intended to avoid visual
clutter that may adversely impact traffic and pedestrian safety, or be adverse to property
values, business opportunities and the city's appearance, to prevent and abate public
nuisance, and promote community -wide opportunities and activities within the City.
Further, e-Fxcept as otherwise provided in YMC 8.30.040, the purpose of street banners
is to allow for the display of public service messages provided to the public by the City
and event announcements promoting events taking place within the city of Yakima city
limits, put on by non-profit or other charitable organizations. Banner space above the
streets in downtown Yakima, the locations of which are listed herein, has been opened
up by the City of Yakima as a limited public forum and the use of that banner space is
regulated in this chapter.
Nothing in this chapter precludes the City from utilizing the banner space for its own
promotion or decorative purposes or for governmental speech. -(Ord. 2012-60 § 1 (Exh.
A) (part), 2012).
8.30.020 Compliance with chapter.
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A. General. 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 or
trolley or telephone wires in a city right-of-way any signs, banners, vertical banners, or
other decorative material, for advertising or decorative purposes, in any location other
than where city -approved poles/wires exist as described in subsection B of this section,
and without first complying with the terms of this chapter.
B. Street Banner Locations. The following locations have approved poles and
supporting wires for street banners, and are the only locations within the city authorized
for display of street banners:
East Yakima Avenue and Naches Avenue;
East Yakima Avenue and North 1 st Street;
East Yakima Avenue and North Front Street;
North 1st Street and East A Street;
West Yakima Avenue and 7th Avenue.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.030 Street pole light standards reserved for exclusive city use—Location.
Street pole light standards with individual flag brackets for vertical banners within and
along Yakima Avenue and Front Street are reserved for the exclusive use of the city for
the promotion of civic events and decorative material, or other purposes as deemed
appropriate by the city. No permits shall be issued to any third party for placement of
signs, vertical banners or decorative material upon such standards. (Ord. 2012-60 § 1
(Exh. A) (part), 2012).
8.30.040 Qualified applicants.
Applications will only be accepted from organizations meeting one of the following
category criteria:
A. Nonprofit Organization. A qualified nonprofit organization must meet the following
criteria:
(1) A city of Yakima -based organization; and
(2 t .6 GRF gie Rd rir\RPOlitinal it Pat pro•
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(32) A nonprofit organization, having obtained IRS certification as tax exempt; and
(43) The event must be a community event as defined in YMC 8.30.050.
B. Community Event Sponsor. A qualified community event sponsor must meet the
following category criteria:
9
(1) A city of Yakima -based organization; and
(2 t .6 GRF nie Rd rir\RPOlitin-Al ih Aat pro•
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( 2) The event is a recreational, educational, entertainment or charitable event in
which the entire community is invited and may participate; and
( 3) The event must be a community event as defined in YMC 8.30.050.
C. City -Sponsored Event. For the purposes of this chapter, "city -sponsored" means an
organization which meets one or more of the following criteria:
(1) The organization is the city of Yakima, or one of its departments or divisions;
(2) The organization has an intergovernmental relationship with the city of Yakima;
(3) The organization is funded in whole or part by the city of Yakima; or
(4) The city of Yakima is a member of the applying organization _
(5) The event must be a community event as defined in YMC 8.30.050.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.050 Street banners—Community events—Exceptions.
A. Community Events. Except as otherwise set forth below, banners shall be used
only to advertise community events within the city of Yakima, and not for the advertising
of the organization or its products. No requests shall be approved for banners
advertising the following types of events:
1. Commercial product sales or events;
2. Political events;
3. Religious events.
"Community events" include recreational, entertainment, educational, charitable or
like events intended and held for the benefit of the entire community, and which are
open to participation by the entire community. Churches may be nonprofit
organizations eligible for community event banners so long as the community event
is not a religious event or service promoting or promulgating any religious belief,
creed, tenet or denomination. Banners for fundraising events sponsored by churches
and other nonprofit organizations may be permitted so long as they are for the
advertisement of community events and not advertising of the organization or its
products, nor for religious or political events, nor for commercial product sales or
events.
R ('`nmmi inity F=VeRtc in (l4hor li iricrlin4innc NG_b iithc4_nrlinn the limitation above
rd
QB. Commercial Sponsorship. A banner may include a portion acknowledging a
commercial sponsor of the banner or the community event. Such acknowledgement may
contain a representation of the sponsor's logo, but such acknowledgement or logo shall
not comprise the primary message of the banner. The city reserves the right to approve,
modify or reject the content of each banner, including but not limited to placement and
size of sponsorship acknowledgements and logos.
8.30.060 Permit.
Permits for the installation of street banners, vertical banners and/or decorative material
shall be issued only when permission therefor has been granted as hereinafter set forth.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
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8.30.070 Application for permit—Fee.
A. Application to Be Submitted by Licensed Installer. Applications to hang a street
banner or vertical banner shall be accepted only from licensed installers on behalf of
qualified applicants.
B. Time for Submission of Application. Permit applications shall not be accepted more
than six months prior to the proposed installation of the street banner. Permit
applications, along with applicable fees, must be submitted at least thirty days in
advance of installation.
C. Application. The permit application shall be in writing and shall contain the following
information:
(1) Date(s) of event OF ^61hliG G^r
(2) Name and purpose of event;
(3) Date of installation of banner, and date of removal;
(4) Proposed location for banner;
(5) All applications must include draft artwork, sample specification and message
to be printed on the street banner or vertical banner, together with any
acknowledgement of sponsors and/or sponsors' logos;
(6) Copy of IRS tax-exempt certificate, if applicable;
(7) Contact person, name and phone number to be used in the event of a problem;
(8) Name, address and contact information of licensed installer; and
(9) Any other information deemed necessary and appropriate by the economic
development manager.
D. Review of Application. Upon the receipt of said application, the economic
development manager shall review such application for compliance with the provisions
of this chapter, and whether the installation of said banner will be
likely to constitute a hazard to the safety of the inhabitants of the city of Yakima armor to
property rights.
If, in the exercise of his judgment and discretion, the economic development manager
determines, in consultation with the code administration manager, that the proposed
banner is compliant with the provisions of this chapter and that installation thereof, as
contemplated, could be made and thereafter maintained with reasonable safety, the
economic development manager may order a permit to be issued therefor upon
payment to the city of the applicable license fee.
The economic development manager may approve, deny or require modification of the
proposed banner to meet the requirements of this chapter.
I.
E. Fees. A weekly permit fee of one hundred dollars each for banners
+,Tlocated on Yakima Avenue and fifty dollars each for banners
+located on North Front Street and/or East A Street, must accompany the
application for permit. A two-week permit fee of two hundred dollars each for banners
de .erat.ye mom atria located on Yakima Avenue, and one hundred dollars each for
banners and rlonnra+ivo material located on North Front Street and/or East A Street,
must accompany the application for permit. (Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.080 Conditions of permit.
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 feet in height and a maximum of forty feet in width
with a minimum of twenty percent of the banner area having air passage vents provided.
The banner(s) shall be made from durable lightweight material meeting banner
manufacturer's standards and designed to withstand wind speeds of eighty miles per
hour. They shall not contain any decorative materials.
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 maximum period of two weeks. Requests for permit
extensions will be considered by the economic development manager, or his or her
designee, based on other requests for banner placement that are pending/approved.
Banners must be removed no later than three days after the permit expiration date.
Banners not removed will be removed by the Citv and anv costs associated therewith
shall be paid by the permit holder. Banners removed by the Citv will be retained for ten
(10) business days, after which they will be discarded. (Ord. 2012-60 § 1 (Exh. A) (part),
2012).
8.30.090 Licensed installer—Proof of insurance—Hold harmless.
A. Before any permit shall be issued to a licensed sign installer for the installation of
outdoor banners OF ^+her .�o...,r�+i„o m�+oriel f9.F _Art„or+iGiRg OF f„r and as a
prerequisite thereto, the licensed sign installer shall provide the city with proof of
licensing under Chapter 11.08 YMC and a certificate of insurance as proof of
commercial general liability insurance as required by YMC 11.08.140.
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
7
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
(Name of Applicant), first being duly sworn on oath deposes
and says:
I am the applicant or lawful agent of an applicant for a banner permit
authorized pursuant to Chapter 8.30 of the City of Yakima Municipal Code. I
know and understand the risks inherent in installing banners
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 anrt/nr der prative materi- l -
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
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.100 Applicability of chapter.
L1
HE
m
The provisions of this chapter shall not be rnns4n ed- to be applinahlo 4n street
der.eratie.ps wheFe a linhtiRg system is ih r.e.p er.tie.p therewith RAA shall not be
construed as modifying or amending, in any way, the provisions of Chapter 11.16. (Ord.
2012-60 § 1 (Exh. A) (part), 2012).
8.30.110 Severability.
If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of this chapter or the application of the provision to other persons
or circumstances is not affected. (Ord. 2012-60 § 1 (Exh. A) (part), 2012).
Section 2. If any section, subsection, paragraph, sentence or clause of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of the ordinance.
Section 3. 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 18th day of April, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
9
Kathy Coffey, Mayor
12
ORDINANCE NO. 2017 -
AN ORDINANCE amending Yakima Municipal Code Chapter 8.30 regarding Street and
Building Decorations, specifically banners above Yakima Avenue and
Front Street.
WHEREAS, amendments to the code are proposed to comply with the U.S. Supreme
Court decision of Reed v. Gilbert, and to address other matters that needed to be amended in
the code; and
WHEREAS, Chapter 8.30, which regulates the placement and type of banners that are
allowed to be hung in the limited public forum space over Yakima Avenue and Front Street,
consists of regulations that needed to be amended; and
WHEREAS, the Economic Development Committee reviewed the proposed changes on
March 23, 2017, and recommended that they be forwarded to the full Council; and
WHEREAS, the City Council of the City of Yakima hereby finds and determines that
approval of such amendment is in the best interests of residents of the City of Yakima and will
promote the general health, safety and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 8.30 of the City of Yakima Municipal Code, Street and Building
Decorations, is hereby amended to read as follows:
Sections:
8.30.010 Definitions.
8.30.015 Purpose.
8.30.020 Compliance with chapter.
8.30.030 Street pole light standards reserved for exclusive city use—Location.
8.30.040 Qualified applicants.
8.30.050 Street banners—Community events—Exceptions.
8.30.060 Permit.
8.30.070 Application for permit—Fee.
8.30.080 Conditions of permit.
8.30.090 Licensed installer—Proof of insurance—Hold harmless.
8.30.100 Applicability of chapter.
8.30.110 Severability.
8.30.010 Definitions.
(a) "Street banner' means a sign consisting of fabric and containing a public service
message or event announcement which is hung above or across a public right-of-way.
13
(b) "Vertical banner" means a street banner, consisting of fabric and containing a
public service message, an event announcement or approved decorative images, which
is hung vertically in public right-of-way.
(c) "Manager" means the economic development manager of the city of Yakima
(d) "City manager' means the city manager of the city of Yakima.
(e) "Installer' means a person or entity who physically hangs the street banner over the
public right-of-way and who has the required skill and equipment to properly and safely
hang the street banner, and who is licensed to perform such installation pursuant to
Chapter 11.08 YMC.
(f) "Grommet" means a protective eyelet in a street banner that prevents damage to
the material.
(g) "Decorative material" means any material that is ornamental and not required for the
functionality of the item upon which the material is placed. Decorative material includes,
but is not limited to, fabric, streamers, vines, branches or other greenery used for a
decorative purpose, streamers, or material used to embellish a sign that does not lie
flush with the sign itself, or exceeds the sign's dimensions.
(h) "Decorative purposes" means for the purpose of decoration, rather than advertising
or promoting an activity or event or a public service message. Examples of decorative
purposes are lights and decorations for various holidays, or the installation of vines,
plants or other items to commemorate the changing of the seasons.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012)
8.30.015 Purpose.
The purpose of this chapter is to ensure the aesthetic character, and to promote the
public health, safety and general welfare. This chapter is also intended to avoid visual
clutter that may adversely impact traffic and pedestrian safety, or be adverse to property
values, business opportunities and the city's appearance, to prevent and abate public
nuisance, and promote community -wide opportunities and activities within the City.
Further, except as otherwise provided in YMC 8.30.040, the purpose of street banners is
to allow for the display of public service messages provided to the public by the City and
event announcements promoting events taking place within the city of Yakima city limits,
put on by non-profit or other charitable organizations. Banner space above the streets in
downtown Yakima, the locations of which are listed herein, has been opened up by the
City of Yakima as a limited public forum and the use of that banner space is regulated in
this chapter.
Nothing in this chapter precludes the City from utilizing the banner space for its own
promotion or decorative purposes or for governmental speech.(Ord. 2012-60 § 1 (Exh.
A) (part), 2012).
8.30.020 Compliance with chapter.
2
14
A. General. 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 or
trolley or telephone wires in a city right-of-way any signs, banners, vertical banners, or
other decorative material, for advertising or decorative purposes, in any location other
than where city -approved poles/wires exist as described in subsection B of this section,
and without first complying with the terms of this chapter.
B. Street Banner Locations. The following locations have approved poles and
supporting wires for street banners, and are the only locations within the city authorized
for display of street banners:
East Yakima Avenue and Naches Avenue;
East Yakima Avenue and North 1 st Street;
East Yakima Avenue and North Front Street;
North 1st Street and East A Street;
West Yakima Avenue and 7th Avenue.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.030 Street pole light standards reserved for exclusive city use—Location.
Street pole light standards with individual flag brackets for vertical banners within and
along Yakima Avenue and Front Street are reserved for the exclusive use of the city for
the promotion of civic events and decorative material, or other purposes as deemed
appropriate by the city. No permits shall be issued to any third party for placement of
signs, vertical banners or decorative material upon such standards. (Ord. 2012-60 § 1
(Exh. A) (part), 2012).
8.30.040 Qualified applicants.
Applications will only be accepted from organizations meeting one of the following
category criteria:
A. Nonprofit Organization. A qualified nonprofit organization must meet the following
criteria:
(1) A city of Yakima -based organization; and
(2) A nonprofit organization, having obtained IRS certification as tax exempt; and
(3) The event must be a community event as defined in YMC 8.30.050.
B. Community Event Sponsor. A qualified community event sponsor must meet the
following category criteria:
(1) A city of Yakima -based organization; and
9
15
(2) The event is a recreational, educational, entertainment or charitable event in
which the entire community is invited and may participate; and
(3) The event must be a community event as defined in YMC 8.30.050.
C. City -Sponsored Event. For the purposes of this chapter, "city -sponsored" means an
organization which meets one or more of the following criteria:
(1) The organization is the city of Yakima, or one of its departments or divisions;
(2) The organization has an intergovernmental relationship with the city of Yakima;
(3) The organization is funded in whole or part by the city of Yakima; or
(4) The city of Yakima is a member of the applying organization.
(5) The event must be a community event as defined in YMC 8.30.050.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.050 Street banners—Community events—Exceptions.
A. Community Events. Except as otherwise set forth below, banners shall be used
only to advertise community events within the city of Yakima, and not for the advertising
of the organization or its products. No requests shall be approved for banners
advertising the following types of events:
Commercial product sales or events;
2. Political events;
3. Religious events.
"Community events" include recreational, entertainment, educational, charitable or
like events intended and held for the benefit of the entire community, and which are
open to participation by the entire community. Churches may be nonprofit
organizations eligible for community event banners so long as the community event
is not a religious event or service promoting or promulgating any religious belief,
creed, tenet or denomination. Banners for fundraising events sponsored by churches
and other nonprofit organizations may be permitted so long as they are for the
advertisement of community events and not advertising of the organization or its
products, nor for religious or political events, nor for commercial product sales or
events.
B. Commercial Sponsorship. A banner may include a portion acknowledging a
commercial sponsor of the banner or the community event. Such acknowledgement may
contain a representation of the sponsor's logo, but such acknowledgement or logo shall
not comprise the primary message of the banner. The city reserves the right to approve,
rd
M
modify or reject the content of each banner, including but not limited to placement and
size of sponsorship acknowledgements and logos.
8.30.060 Permit.
Permits for the installation of street banners, vertical banners and/or decorative material
shall be issued only when permission therefor has been granted as hereinafter set forth.
(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.070 Application for permit—Fee.
A. Application to Be Submitted by Licensed Installer. Applications to hang a street
banner or vertical banner shall be accepted only from licensed installers on behalf of
qualified applicants.
B. Time for Submission of Application. Permit applications shall not be accepted more
than six months prior to the proposed installation of the street banner. Permit
applications, along with applicable fees, must be submitted at least thirty days in
advance of installation.
C. Application. The permit application shall be in writing and shall contain the following
information:
(1) Date(s) of event;
(2) Name and purpose of event;
(3) Date of installation of banner, and date of removal;
(4) Proposed location for banner;
(5) All applications must include draft artwork, sample specification and message
to be printed on the street banner or vertical banner, together with any
acknowledgement of sponsors and/or sponsors' logos;
(6) Copy of IRS tax-exempt certificate, if applicable;
(7) Contact person, name and phone number to be used in the event of a problem;
(8) Name, address and contact information of licensed installer; and
(9) Any other information deemed necessary and appropriate by the economic
development manager.
D. Review of Application. Upon the receipt of said application, the economic
development manager shall review such application for compliance with the provisions
of this chapter, and whether the installation of said banner will be likely to constitute a
hazard to the safety of the inhabitants of the city of Yakima or to property rights.
If, in the exercise of his judgment and discretion, the economic development manager
determines, in consultation with the code administration manager, that the proposed
9
17
banner is compliant with the provisions of this chapter and that installation thereof, as
contemplated, could be made and thereafter maintained with reasonable safety, the
economic development manager may order a permit to be issued therefor upon payment
to the city of the applicable license fee.
The economic development manager may approve, deny or require modification of the
proposed banner to meet the requirements of this chapter.
E. Fees. A weekly permit fee of one hundred dollars each for banners located on
Yakima Avenue and fifty dollars each for banners located on North Front Street and/or
East A Street, must accompany the application for permit. A two-week permit fee of two
hundred dollars each for banners located on Yakima Avenue, and one hundred dollars
each for banners located on North Front Street and/or East A Street, must accompany
the application for permit. (Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.080 Conditions of permit.
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 feet in height and a maximum of forty feet in width
with a minimum of twenty percent of the banner area having air passage vents provided.
The banner(s) shall be made from durable lightweight material meeting banner
manufacturer's standards and designed to withstand wind speeds of eighty miles per
hour. They shall not contain any decorative materials.
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 maximum period of two weeks. Requests for permit
extensions will be considered by the economic development manager, or his or her
designee, based on other requests for banner placement that are pending/approved.
Banners must be removed no later than three days after the permit expiration date.
Banners not removed will be removed by the City and any costs associated therewith
shall be paid by the permit holder. Banners removed by the City will be retained for ten
(10) business days, after which they will be discarded. (Ord. 2012-60 § 1 (Exh. A) (part),
2012).
8.30.090 Licensed installer—Proof of insurance—Hold harmless.
A. Before any permit shall be issued to a licensed sign installer for the installation of
outdoor banners, and as a prerequisite thereto, the licensed sign installer shall provide
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the city with proof of licensing under Chapter 11.08 YMC and a certificate of insurance
as proof of commercial general liability insurance as required by YMC 11.08.140.
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
(Name of Applicant), first being duly sworn on oath deposes
and says:
I am the applicant or lawful agent of an applicant for a banner permit
authorized pursuant to Chapter 8.30 of the City of Yakima Municipal Code. I
know and understand the risks inherent in installing banners 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 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
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(Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.100 Applicability of chapter.
The provisions of this chapter shall not be construed as modifying or amending, in any
way, the provisions of Chapter 11.16. (Ord. 2012-60 § 1 (Exh. A) (part), 2012).
8.30.110 Severability.
If any provision of this chapter or its application to any person or circumstance is held
invalid, the remainder of this chapter or the application of the provision to other persons
or circumstances is not affected. (Ord. 2012-60 § 1 (Exh. A) (part), 2012).
Section 2. If any section, subsection, paragraph, sentence or clause of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect
the validity or constitutionality of the remaining portions of the ordinance.
Section 3. 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 18th day of April, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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Kathy Coffey, Mayor