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Home My WebLink AboutItem 5.1 Regulate Signs and Banners Ordinance CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 12 , 1983 SUBJECT Ordinance Regulating Signs & Banners EXHIBITS ATTACHED Ordinance; Resolution; Policy df RECOMMENDATION Open Public Hearing, Receive Public Testimony, Close Public Hearing, Waive Reading and Adopt Ordinance; Adopt Resolution FINANCIAL STATEMENT: In accordance with the policy, permit fees will be waived. DESCRIPTION At its meeting of September 12 , 1983 , the City Council considered a request for an encroachment permit to hang a banner in the public right-of-way. As a result of the discussion with respect to this request, the City Council directed Staff to prepare a policy with respect to the installation of banners in the public right-of-way. Since that meeting, Staff has determined that in order to institute such a policy, the County Ordinance which the City adopted by reference, must be modified. This Ordinance presently regulates the placement of signs in the public right-of-way. The City Attorney has prepared an Ordinance which supersedes the County' s Ordinance and provides for the establishment of a policy regulating public service banners . Since this Ordinance impacts the visibility and safety of motorists and pedestrians along the City ' s highways, the Ordinance has been prepared in such a manner that it should be adopted on an urgency basis . Also attached is a resolution adopting a policy to regulate the installation of advertising banners within the public right-of-way. It is Staff ' s recommendation that the City Council adopt the Ordinance and Resolution regulating signs and banners within the public right-of-way. --------------------------------------------------------------------------- COPIES TO: ITEM NO. �' ORDINANCE NO. - 83 AN ORDINANCE OF THE CITY OF DUBLIN PROHIBITING THE POSTING OF SIGNS ON PUBLIC PROPERTY AND REGULATING THE PLACEMENT OF BANNERS ON PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS : Section 1 . POSTING ON PUBLIC PROPERTY PROPHIBITED No person, except a duly authorized public officer or employee, shall erect, construct or maintain, paste, paint, print, nail, tack or otherwise fasten or affix, any card, banner, handbill, campaign sign, poster, sign, advertisement, or notice of any kind, or cause or suffer the same to be done, on any curbstone, lamppost, pole, bench, hydrant, bridge, wall, tree, sidewalk or structure in or upon any public street, alley, or upon any other public property, except as may be required or permitted by ordinance or law. Section 2 . PUBLIC SERVICE BANNERS Notwithstanding the provisions of Section 1 hereof, public service banners may be placed within any public street, alley or other public property upon issuance of an encroachment permit by the Director of Public Works . In issuing such °an encroachment permit, -the Director of Public Works shall consider the safe-L'-,-y of N.,ehicular and pedest-rian traffic, the prevention of damage to public property, the aesthetic conditions of a particular neighborhood and the public heath, safety and welfare_ As used herein, "public service banner" shall mean temporary banners of non-profit public welfare organizations and public service groups which advertise events of community interest. The City may, at its discretion, adopt a policy regulating the installation, maintenance, and removal of public service banners . Section 3 . SUPERSESSION OF COUNTY ORDINANCE It is the intention of the City Council of the City of Dublin that as of the effective date of this Ordinance, it shall supersede the effectiveness of Section 5-1 . 8 of the County of Alameda County Ordinance Code as implemented and adopted by Ordinances No. 1 and 13 of the City of Dublin . However, it is not intended that this Ordinance shall supersede any other portion of the Alameda County Ordinance Code, insofar as said provisions are consistent with this Ordinance . j ORDINANCE PROHIBITING THE POSTING OF SIGNS ON PUBLIC PROPERTY AND REGULATING THE PLACEMENT OF BANNERS ON PUBLIC PROPERTY Page 2 Section 4 . IMMEDIATE EFFECT The placement. of signs and of banners in the public right-of-way can impede the visibility of motorists and pedestrians -and thus the public safety. The City Council finds that this Ordinance is therefore necessary for the immediate preservation of the public peace, health and. safety, and it shall take effect immediately. Section 5 . .VIOLATION OF THIS ORDINANCE Violation of this Ordinance shall be a misdemeanor punishable by either a Five Hundred Dollar ( $500 . 00 ) fine or six ( 6 ) months in -the County jail , or both. Section 6 . POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three ( 3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 12th day of December, 1953 , by the following votes : AYES : NOES : ABSENT: Mayor ATTEST: City Clerk RESOLUTION NO. �l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------ APPROVING A POLICY OF THE CITY OF DUBLIN FOR THE INSTALLATION OF ADVERTIZING BANNERS WITHIN THE PUBLIC RIGHTS-OF-WAY WHEREAS, non-profit organizations do provide services and support for the City of Dublin at large; and, WHEREAS, these organizations do provide events and _ fund-raisers which ultimately benefit the residents of the City of Dublin; and, WHEREAS, it is in the public interest that these events receive inexpensive advertizing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby adopt a policy regulating the installation of advertizing banners within the public rights-of-way. PASSED, APPROVED AND ADOPTED this th day of 1983 AYES : NOES : ABSENT: ATTEST: Mayor City Manager DP 83-20 POLICY OF CITY OF DUBLIN Installation of Advertizing Banners Within the Public Rights-of-Way INTENT: This policy is to regulate the installation, materials, _ scheduling, removal, insurance, and other items related to banners placed within the City of Dublin public right-of-way. ELIGIBILITY: Non-profit organizations advertizing activities to be held within the Dublin City Limits may apply for a permit to erect and maintain a banner . APPROVING AGENCY: The City Council shall be the approving body with the City Engineer issuing an Encroachment Permit and inspecting the banner installation. Encroachment permit and inspection fees shall be waived for banner permitting . TIME LIMITS : The application for banner installation shall be submitted not later than one month in advance of the desired installation of the banner, and no sooner than one year in advance of the proposed installation . Any one agency may not erect a banner any more frequently than four times in any one calendar year. No banner, for any event, may be erected for longer than two weeks and no more than one banner erected for any one event. LOCATION: The banner shall be erected and displayed at a location approved by the City Council . It is anticipated that the City will erect poles exclusively for the use of displaying banners . MATERIALS : The banner shall be designed and made by a company whose business it is to design and construct banners . The design shall be sufficient to handle wind loadings as specified in the latest adopted Uniform Building Code . INSURANCE: The applicant shall carry liability insurance in an amount not less than $1, 000 , 000 and shall hold the City, its agents and employees, harmless from liability arising out of the installation, maintenance, and removal of 'the banner. OTHER REQUIREMENTS: The City Council and/or the City Engineer may impose additional conditions as necessary to control banner installation, maintenance and removal . The City Council may waive or change any of the guidelines within this policy as conditions may dictate on any installation. DP 83-20