ORD-40-84 STREET BANNERSORDINANCE NO. 40~B4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE ORANGE MUNI-
CIPAL CODE, BY ADDING CHAPTER 5.63
CONCERNING STREET 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 governing the use of
said banners.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN
AS FOLLOWS:
Section I:The Orange Municipal Code is hereby amended
by adding Chapter 5.63 to read.
as follows:Chapter
5.63
STREET
BANNERS Sections:5.
63.010 '5.
63.020 5.
63.030 5.
63.040 5.
63.050 5.
63.060 5.
63.070 5.
63.0BO 5.
63.090 5.
63.
100 Definitions.
Permitted Locations.
Permit Required.
Insurance Requirements.Bond or
Cash Deposit.Installation, Maintenance
and Removal.Rules
and Regulations.Political
Banners Prohibited.Installation, Maintenance and
Removal
by City.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. STREET BANNER refers to 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
The term shall not include signs and billboards, the instal-
lation and maintenance of which is regulated by Chapter 5.62
of this code.
B. EACH LOCATION means each wire or rope from which
one or more street banners are suspended.
C. DEPARTMENT refers to the Department of Public Works
and its duly authorized representatives.
5.63.020 Permitted Locations. Street Banners shall be
hung only on four (4) specified locations on Glassell Street;
and on Chapman Avenue, one block westerly of the Plaza. No
banners may be supported by the walls of adjacent buildings.
5.63.030 Permit Required. No person shall install or
maintain any street 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 term 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. No issuance
fee is collected with said permit. In order to receive a
permit it is necessary that the applicant prove that it is a
non-profit entity organized for fraternal,
charitable,religious, or other non-profit purposes,
which organization has been in existence for at least six (6) months
prior to making application for a permit and which organization
has a regular membership and meets at regular intervals
of at least once per month. Banners may only be hung
by duly qualified individuals or companies which can show
proof of their qualifications and availability of ownership
or equip-ment necessary to complete the task of banner hanging
in a safe and efficient manner. Any application may be
denied in whole or in part by the Department in the interest
of the public safety, convenience or
general welfare.When applications specifically
requesting either Glassell Street or Chapman Avenue exceed the
number of mounting locations available, permits shall be
granted on the basis of the earliest application
filing date.No permit shall be issued until the
requirements set forth in Sections 5.63.040 and 5.63.050 have
been fulfilled.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 Department, or if, in the judgment of
the Department,the continued maintenance of any street
banner covered thereby would be dangerous or inimical to the
public welfare
or convenience.ORD 40-84
5.63.040 Insurance Requirements. No permit shall be
issued hereunder unless the applicant files with the City
Clerk a-policy of insurance approved by the City
Attorney,so conditioned as to insure the City, its officers
and employees against any loss, cost, expense, injury, damage
or liability incurred by reason of any personal injury
or property damage sustained by any person, caused by or
result-ing from or which may be claimed to have been caused by
or to have resulted from, the installation or maintenance
of any banner or appurtenance installed under the permit,
or from any failure to install or maintain any such banner
or appurtenance in the manner required by this Ordinance or
by rule, regulation or order of the Department or from
any dangerous or effective condition or nuisance created
thereby or resulting therefrom. Furthermore, by the policy,
the City, its officers and employees as named insureds must
be insured against any property damage or personal
injury resulting from any such cause. In addition, the
policy shall be so conditioned as to assure the ability of
the applicant to respond in damages, in any action brought
for personal injury or property damage sustained by any
person,based upon any ground mentioned above. The limits of
liability upon any policy posted or maintained hereunder shall be
not less than $100,000 per incident for property damage
and 250,000 per personj$500,000 per incident for bodily
injury.The term of the policy shall include at least one
week before and one week after the term of the
permit.5.63.050 Cash Deposit. Except as hereinafter
waived in Section 5.63.090, no permit shall be issued
hereunder unless, in addition to the insurance pOlicy
hereinabove required, the applicant posts with the City a cash
deposit to assure that the City shall be reimbursed for any
expense that may be incurred by the Department in taking down
or removing any banner or appurtenance installed pursuant
to the permit, or in otherwise enforcing any order, rule
or regulation of the City. The amount of cash deposit
required shall be equivalent to the number of locations
requested multiplied by the installation fee in effect at the time
of issuance of said
permit.5.63.060 Installation, Maintenance and
Removal.Banners and accessories shall be installed and maintained
in a safe, secure manner and shall require approval of
Department at completion of the mounting operation. A minimum
vertical clearance of fifteen (15) feet from 'any point of the
street crossed shall be provided and maintained. Banners shall
be installed or removed only between the hours of 9 a.m. and
3 p.m., Mondays through Fridays, except
holidays.3 -ORD 40-84
Whenever any permit is revoked, and whenever the term
of any permit expires, unless a renewal is granted, every
street banner covered thereby must be removed to the
satisfaction of the Department forthwith on the date of the
revocation or expiration, unless an extension of time is
granted in writing by the Department. If any banner be not
so removed, the Department may summarily cause its removal,
and collect the costs thereof from the permittee or from
his cash deposit.
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 and maintenance of street banners, the size,
weight and methods of suspension thereof, the advertising or
other matter that may appear thereon, the materials to be
used, and to safeguard the public interest and welfare in
all other respects in relation to this subject.
5.63.080 Banners Prohibited. No permit shall be
issued for, and no persons shall install or maintain, any
street banner of a political, commercial or non-
community related
nature.5.63.090 Installation and Removal by City.
The Department may, at its dlscretion, install and remove
banners.If the determination has been made that the Department
will install and remove the banner(s), then in lieu of
posting the cash deposit hereinabove prescribed, the applicant
may deposit the amount of the City's street banner
installation fee concurrently with the application for the permit
here-inabove described in Section 5.63.030. This fee is a
non-refundable payment for costs and services by the City
and City personnel to hang and remove each
banner.A banner to be hung by City personnel must be
delivered to the City Yard at least 24 hours prior to the
effective date of the permit. Failure to comply with this
requirement shall nullify the permit and the applicant shall be
entitled only to a seventy-five (75%) percent refund of
the street banner installation fee. The conditions of said
banners are the responsibility of the applicant and no banner
will be accepted for hanging that does not comply with
the published City Standard plans
applicable thereto.Banners rejected for hanging, for whatever
reason, will entitle the applicant to secure a seventy-
five (75%) percent refund of the street
banner installation fee.Upon removal of banner(s), by
City personnel the applicant will be notified and shall have
five (5) working days to remove said banner(s) from the
City Yard. Banners left beyond this time period,
without notification and approval, shall
be disposed of.ORD 40-
5.63.100 City Sponsored Functions. City sponsored
functions shall be categorially exempt from the City's
street banner installation fee, as per Section 5.63.090
herein for Department installed and removed banners. All
other banners shall be installed and removed in accordance
with the rules and regulations contained in Chapter 5.63
inclusive. City sponsored functions are as follows:
1. Orange May Festival
2. Miss Orange Pageant
3. Orange International Street Fair
4. Mayor's Prayer Breakfast
The City Council reserves the right to add to or
eliminate from the list of City sponsored functions. Such
amendments as shall be made to the list of City sponsored
functions shall be by Resolution of the City Council.
Section II:
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 to 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 City of Orange.
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 8th
ATTEST:
tjc~
5 -ORD 40-84
Jl__
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 18th day of December, 1984, and
thereafter at a regular meeting of said C~ty Council duly
held on the 8th day of January ,1985 was duly
passed and adopted by the following vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ,
BEYER
COUNCILMEN: NONENOES:
ABSENT:COUNCILMEN: NONE
l ~
C~ty Clerk ~e . y 0
ORD 40-84 6 -