HomeMy WebLinkAboutItem 5.1 Regulate Signs and Banners Ordinance (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 12 , 1983
SUBJECT Ordinance Regulating Signs & Banners
EXHIBITS ATTACHED Ordinance; Resolution; Policy
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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.
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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