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12/11/2012 18 Street Banners and Decoration; YMC Adopting New Chapter 8.30 and Repealing Chapter 10.32 F Sh •.:11 ... �...�•w' }"mil BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No Nt For Meeting of: December 11, 2012 14,:; ; m' , t71' 14, tkW,ti �V, t..p r Vier 4 4i..I; 3 , i? _:.+i.Me .. 5-t)t°.ai DI ITEM TITLE: Ordinance Amending Municipal Code Relating to Street and Building Decorations (Banners) SUBMITTED BY: Sean Hawkins, Economic Development Manager 575 -6274 CONTACT PERSON /TELEPHONE: Sean Hawkins, Economic Development Manager 575 -6274 SUMMARY EXPLANATION: This ordinance establishes a higher standard regarding the installation of street and vertical banners in the City of Yakima. The new language for street banners prohibits the usage of street banners for commercial activity and provides language giving priority for events and organizations based within the City of Yakima The new language for vertical banners allows for their usage only by the City of Yakima for the promotion of civic events and seasonal decorative material Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ ordinance banners ❑ YMC banners ORDINANCE NO. 2012 - AN ORDINANCE relating to street banners; adopting new Chapter 8.30 of the Yakima Municipal Code regarding regulation and issuance of permits for street banners and decoration; repealing Chapter 10.32 of the Yakima Municipal Code. WHEREAS, the City Council has previously adopted ordinances establishing criteria for regulating and permitting street banners and decoration, all as codified at Chapter 10.32 YMC; and WHEREAS, the City Council finds and determines that a new chapter should be adopted at Chapter 8.30 YMC to clarify existing procedures and implement new procedures regarding street banners and decoration, with attendant repeal of Chapter 10.32 YMC; and WHEREAS, the City Council finds and determines that new Chapter 8.30 YMC should be approved and adopted as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein, that Chapter 10.32 YMC should be repealed, and that such actions are in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare, now, therefore BE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. Title 8 of the Yakima Municipal Code is hereby amended to add new Chapter 8.30 YMC to read as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. Chapter 10.32 of the Yakima Municipal Code is hereby repealed, which repeal shall be effective on the effective date of this 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 11 day of December, 2012. ATTEST Micah Cawley, Mayor City Clerk Publication Date: Effective Date. 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 8.30110 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. 1 8.30.015 Purpose. Except as otherwise provided in 8.30 040 below, the purpose of street banners is to allow for the display of public service messages and event announcements promoting events taking place within the city of Yakima city limits. 8.30.020 Compliance with chapter 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 below, 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 1st Street; East Yakima Avenue and North Front Street; North 1st Street and East A Street; West Yakima Avenue and 7th Avenue, 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. No permits shall be issued to any third party for placement of signs, vertical banners or decorative material upon such standards 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, (2) Event is nonreligious and nonpolitical in nature, (3) A nonprofit organization, having obtained IRS certification as tax exempt; and (4) The event must be a community event as defined in 8.30.050 2 B. Community event sponsor A qualified community event sponsor must meet the following category criteria. (1) A City of Yakima -based organization, (2) Event is nonreligious and nonpolitical in nature, (3) The event is a recreational, educational, entertainment or charitable event in which the entire community is invited and may participate, and (4) The event must be a community event as defined in 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 (3) The City of Yakima is a member of the applying organization, and (4) The event must be a community event as defined in 8.30.050 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. B. Community events in other jurisdictions. Notwithstanding the limitation above regarding advertisement of community events within the City of Yakima, street banner permits may be issued advertising community events in other jurisdictions on the following terms and conditions 3 (a) The event in the outside jurisdiction must be a community event occurring within the jurisdiction submitting the application, and shall not advertise the organization or its products, commercial product sales or events, political events, or religious events as set forth in this section, (b) All applications for banner permits submitted by outside jurisdictions shall be subject to review, modification, approval and /or revocation by the city manager C 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. D Annual community events — Events of continuing duration. Any community event that has occurred annually for at least the previous three years shall be allowed priority in scheduling of issuance of permits for street banners and /or vertical banners advertising the community event upon satisfaction of the following conditions: (1) The annual community event has occurred on substantially the same date(s) each year, and will occur on such date(s) in the new year; (2) The event retains its status as a community event in compliance with this chapter; and (3) The event has been granted a permit for street banners and /or vertical banners advertising the event in at least two of the preceding three years. For any annual community event allowed a priority for placement of a street banner, the economic development manager will reserve calendar dates accommodating the banner advertising of such event in accordance with this chapter If the economic development manager receives a new application for banner permit conflicting with any reserved date, the economic development manager will contact the annual community event organizer to affirm the annual community event's intention to apply for a banner permit for display during the reserved period. If such intention is affirmed, the new application will be denied or may be modified to avoid any conflict, if possible 4 For any community event of continuing duration, the issuance of any permit shall extend for the duration of the event as approved by the economic development manager 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. 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 Permits 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 or public service announcement; (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 art work, sample specification and message to be printed on the street banner or vertical banner, together with any acknowledgement of sponsors and /or sponsor's 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 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. 5 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 shall 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 ($100) each for banners and decorative material located on Yakima Avenue and fifty dollars ($50) each for banners and decorative material 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 ($200) each for banners and decorative material located on Yakima Avenue and one hundred dollars ($100) each for banners and decorative material located on North Front Street and /or East A Street, must accompany the application for permit. 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 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 carabineers or similar devices. Banner permits shall be valid for a period of two weeks. Requests for permit extensions will be considered by the economic development manager, or his 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 6 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 or other decorative material for advertising or for decorations, 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 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 on oath deposes and says: (Name of Applicant) 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 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 ) 7 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 8.30.100 Applicability of chapter The provisions of this chapter shall not be construed to be applicable to street decorations where a lighting system is used in connection therewith and shall not be construed as modifying or amending, in any way, the provisions of Chapter 11 16 8.30.110 Severability If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. 8