HomeMy WebLinkAboutORD-11-98 Revise Ch 5.63 Plaza BannersORDINANCE
NO. 11-98
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ORANGE AMENDING THE ORANGE MUNICIPAL CODE BY
REVISING CHAPTER 5.63 CONCERNING PLAZA BANNERS.
WHEREAS, the City Council allows from time to time the erection of banners over the
street right-of-way and portions of Chapman Avenue and Glassell
Street; and WHEREAS, the purpose of this Ordinance is to set forth permit requirements
and the rules and regulations goveming the use of
said banners.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE DOES HEREBY ORDAIN
AS FOLLOWS:
Section I:The Orange Municipal Code is hereby amended by revising Chapter 5.63 to
read
as
follows:Section:>:5.
63.010 5.
63.020 5.
63.030 5.
63.040 5.
63.050 5.
63.060 5.
63.070 5.
63.080 5.
63.090 Chl\jJter
5.63
PLAZA
BANNERS Definitions.
Permitted Locations.
Permit Required.
Insurance Requirements.Installation and
Removal Fee.Installation and Removal
by City_Rules
and Regulations.
Prohibited Banners.City
Sponsored Functions 5 63.010 Definitions. For the purposes of this Chapter, the words defined
in this Section shall have the meanings assigned to them
as follows:A. PLAZA BANNER means any pennant, streamer, flag, sign, picture,
figure or other object regardless of the material of which it is made, which is suspended
or otherwise displayed over any public street, way, or place, designed for decoration
or non-profit advertisement, or to attract the attention of passersby; except, however,
official warning devices,or public service or safety facilities. The term shall not include signs
and billboards, the installation and maintenance of which are regulated by Chapter 5.62
Proposed Amendment to OMC
Revisin~ C'h~ter 5.63 Conceminl! Plaza Banners
July 28, 1998
Pal!e 2
B. EACH LOCATION means
banners are suspended.
each wire or rope from which one or more plaza
C. DEPARTMENT means the Department of Public Works and its duly authorized
representatives.
D. PLAZA means the Plaza Historic District, as that term IS defined III Orange
Municipal Code Section 17.04.035.
5.63.020 Permitted Locations. Plaza Banners shall be hung only on eight (8)
mounting locations on Glassell Street; and four (4) mounting locations on Chapman Avenue, one
block in each direction from the Plaza. No banners may be supported by the walls of adjacent
buildings.
5.63.030 Permit ReQJ1ired.
A. No person shall install or maintain any plaza banner without a permit issued by
the Department. Applications for permits shall be made at least ten (10) working days prior to
the desired hanging date, upon forms prescribed by the Department, setting forth the description
of each proposed installation and all other information the Department may require; one
application may include a number of locations. The tenn of the permit shall be as indicated
thereon, but in no case shall it exceed thirty (30) working days nor shall a banner be hung more
than thirty (30) calendar days before the event.
B. Permit applicants shall meet the following qualifications and shall provide
evidenee thereof to the satisfaction of the City Attorney. Such evidence shall be provided at the
time of application.
I. Applicant shall be an organization exempt from taxes under either state or federal
law.
2. Applicant shall be organized for fraternal, charitable, religious, educational,
Chamber of Commerce, civic or social welfare purposes.
3. Applicant shall have been in existence for at least six (6) months prior to making
application for a permit.
4. Applicant shall have a regular membership and meet at regular intervals of at least
once p(:r month
C. Any application may be denied in whole or in part by the Department in the
interest of the public safety, convenience or general welfare.
D. Conflicting applications shall be processed on the basis of the filing date of the
earliest completed application
Proposed Amendment to OMC
RevisinQ' Chapter 5.63 Concern;n!! Plaza Ranners
July 28. 1998
PaQ'e 3
E. No permit shall be issued until the requirements set forth in Sections 5.63.040 and
5.63.050 have been fulfilled to the satisfaction ofthe Department.
F. Any permit may be denied or revoked by the Department for any material
misrepresentation in the application, for any failure or refusal to observe any rule or regulation of
the Deplrrtment, or if, in the judgment of the Department, the continued maintenance of any plaza
banner covered thereby would be dangerous or inimical to the public safety, convenience or
general welfare.
63 040 Insurance Req,.uirements. No permit shall be issued hereunder unless the
applicant files with the Department a certificate of liability insurance approved by the City
Attorney meeting the following requirements:
A. The policy shall be written on an occurrence basis providing for a combined
single limit of $100,000 per incident for property damag(: and $500,000 per person per incident
and for bodily injury.
B. The term of the policy shall be from at least one week prior to until at least one
week after the term of the permit.
C. The policy shall insure applicant against any and all loss, cost, expense, injury,
damage or liability claimed to be caused by or resulting from any reason other than the
installation or maintenance of any banner or appurtenance installed under the permit, and from
any dangerous or defective condition or nuisance created thereby or resulting therefrom.
D. The policy shall provide that the City, its officers, agents, and employees are
declared to be additional insureds under the terms of the policy with respect to claims related to
the use, installation or maintenance, or failure to install or maintain, any banner or appurtenance
pursuant to the permit. A policy endorsement to that effect shall be provided prior to issuance of
the perrait.
E. The policy shall be issued by an insurer admitted in the State of Califomia and
with a Best's Key Rating Guide rating of A, VII or better.
5 63.050 Installation and Removal Fee. Except as hereinafter waived in Section
5.63.090, no permit shall be issued hereunder unless the applicant pays the City a fee for the
installation and removal of any banner or appurtenance installed pursuant to the permit. The
amount of the fee required shall be equivalent to the number oflocations requested multiplied by
the fee per location in effect at the time of issuance of said permit as determined by separate
resolution of the City Council. Said fee shall be due arld payable to the City concurrently with
the submission of an application for permit, as described in Section 5.63.030. If a permit is
issued, the fee shall be non-refundable except as otherwise provided in Section 5.63.
Proposed Amendment to OMC
Revisinl! Chanter 5.63 Concemln~ Plaza Banners
July 28, 1998
Pal!e4
5.63.060 Installation and Removal by City. The Department shall install and
remove banners. Approved banners must be delivered to the Department at least 24 hours prior
to the l:ffective date of the permit. Failure to comply with this requirement shall nullify the
permit and the applicant shall be entitled to a seventy-five (75%) percent refund of
the installation and removal
fee.The physical condition of said banners are the responsibility of the applicant and
no banners. will be accepted for hanging that do not comply with the published City
standards applicable thereto. If any banner is rejected for hanging, the applicant shall be entitled to
a seventy-five (75%) percent refund of the installation and
removal fee.Upon removal of banner( s) by City personnel, the applicant shall be notified
and shall have five (5) working days to remove said banner(s) from the Department. B,mners
left beyond said time period without the approval of the Department shall be
disposed of.5.63.070 Rules and Regulations. The City may adopt such rules
and regulations,not in conflict with this Chapter, as in its judgment may be needed to control
the installation,maintenance and removal of plaza banners; the size, weight and methods of
suspension thereof;the materials to be used; and to safeguard the public safety, convenience and general
welfare in all other respects in relation to
this subject.5.63.080 Prohibited Banners. No permit shall be issued for, and no
persons shall install or maintain, any plaza banner of a political, commercial or non-
community related nature.5.63.090 City Sponsored Functions. Plaza banner permit
applications for City sponsored functions shall be categorically exempt from the installation and
removal fee under Section 5.63.050. City sponsored functions shall be as authorized by separate
resolution of
the
City Council.SectionJI:If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each
and every section,subsection, sentence, clause or phrase not declared invalid or unconstitutional
without regard to whether any portion ofthe ordinance would be subsequently declared
invalidor
nnconstitutional.Sectioni.lIl:A summary of this Ordinance shall be published and a certified copy of the
full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is 10 be adopted. A summary
of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage
in the Orange City News, a newspaper of general circulation, published and circulated in the
Proposed Amendment to OMC
RevisinQ' Chanter 5.63 ConcerninQ' Plaza Banners
July 28, 1998
PaQ:e 5
The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council members voting for and against
the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
ADOPTED this ---11-th day of Auqust
1998.
ATTEST:of
Orange STATE OF
CALIFORNIA)COUNTY OF ORANGE )
ss CITY OF
ORANGE )I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby
certify that the foregoing ordinance was introduced at the regular meeting of the City Council held
on the _~~th day of July , 1998, and thereafter at a regular meeting of said
City Council duly held on the ---1.Lth day of Auaust , 1998 was duly passed and
adopted by the following vote, to
wit:AYES:COUNCILMEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ NOES:COUNCILMEMBERS:
NONE ABSENT:COUNCILMEMBERS:
NONE
f'ORD
11-98 Typed By; P.
Then (DPW)b #11-
98 Plaza Banners