EFFECTIVE DATE: (Date signed by Mayor) August 19, 2003
SUBJECT: AUTHORIZING THE PLACEMENT OF STREET BANNERS IN THE PUBLIC WAY.
DISTRIBUTION: ALL DEPARTMENTS
PREFACE
Section 21A.46.070.K of the City Code allows the location of signs on publicly owned land or inside street rights of way, if such signs are erected by permission of an authorized public agency.
Many existing utility poles are located within the public right-of-way; however, the City has not (with only limited exceptions) allowed the use of such utility poles for any signage or the communication of any messages.
The City has determined that it would be beneficial to the City as a whole to allow existing utility poles to be used to display street banners for the limited purpose of encouraging and promoting community identity, community organizations, community activities and events.
In allowing this limited signage on utility poles, in certain designated locations, the City does not intend to create a public forum, but rather intends to create a limited forum for the purposes set forth herein.
This Executive Order is also intended to prescribe rules to be followed by City employees in determining whether to approve the erection of signs pursuant to said Section 21A.46.070.K and to establish applicable time, place, and manner restrictions.
Therefore, the Mayor of Salt Lake City enacts this executive order:
1. Definitions.
1.1
“Applicant” means the applicant for a street banner permit as described
herein.
1.2
“Banner” means a public event banner, secured banner or unsecured banner, as
defined in Section 21A.46.020 of the Salt Lake City Code.
1.3
"Community Organization" means neighborhood-based organization, as defined in
Section 2.60.020 of the Salt Lake City Code, or a local non-profit 501(c)(3)
organization.
1.4 “Mayor” means the mayor of Salt Lake City, Utah, or the mayor’s designee.
1.5 “Sign”
means a sign as defined in Section 21A.46.020, Salt Lake City Code.
1.6
“Street Banner” means a banner displayed on a utility pole located in the public
way.
2.
General Provisions
2.1 Authority to Display
In order to encourage and promote community identity, community organizations,
and community related activities and events, an eligible participant, as defined
herein, may, after applying for and receiving a permit to do so, hang banners on
existing utility poles in the public way, provided that such banners contain no
commercial content and in no way identify a commercial product or business logo,
except that the banners may contain the applicant’s logo.
2.2 Eligible Participants
The City will accept applications for a permit to display street banners only
from Community Organizations or from governmentally owned libraries
and educational institutions. Street banners may be placed on existing
utility poles in the public way only for the limited purpose of promoting and
encouraging community identity, community organizations, or community activities
and events.
2.3 Approved Display Areas
Street banners may be placed on any existing utility poles within the locations
identified on the "Street Banner Map" maintained by the City Transportation
Division. No street banners shall be allowed outside of those designated
areas.
2.4 Application for Permit
Any person or entity who desires to display such street banners must first apply
for and obtain a permit for such display from the City Transportation Division,
who shall provide a form for the application. The application must be submitted
to the Transportation Division not less than 10 days and not more than 6 months
before the date the street banners are proposed to be displayed and must contain
the following:
A.
The name, address and telephone number of the applicant, or if an organization,
the name address and telephone number of a contact person;
B.
A photograph, drawing, or other visual representation of the proposed street
banners; and
C.
The proposed number of street banners and the proposed locations where the
street banners will be placed.
D.
If the City does not own the real property or the utility poles upon which the
street banners are proposed to be placed, the applicant must present written
permission from the appropriate pole owner(s) consenting to such
placement.
E.
An application and permit fee of $50.00.
2.5 Granting of the Permit; Standards
The permit may be granted by the Transportation Division on a first come first
served basis, upon a determination that the application has been properly
completed, and that:
A.
The location and placement of the street banners will not endanger public
safety, including motorists and pedestrians by interfering with street lighting,
obstructing traffic signs or other control devices, or otherwise creating
dangerous distractions;
B.
The street banners will not cover or blanket any prominent view of a structure
or facade of historical or architectural significance;
C.
The street banners will not materially obstruct the view of users of adjacent
buildings to side yards, front yards, or to open space;
D.
The street banners will not negatively affect the visual quality of a public
open space, such as a public recreation facility, square, plaza, courtyard, or
the like in any material or substantial way;
E.
The street banners are compatible with building heights of the existing
neighborhood and do not impose a foreign or inharmonious element to an existing
skyline; and
F.
The street banners do not adversely affect the health, safety, or welfare of the
public in any material way, and do not violate building code regulations
regarding ingress, egress or fire protection.
2.6 Time for Approval or Disapproval of Application
Within 14 days after receiving the application for a permit, the City
Transportation Division shall either grant, modify or deny the permit request.
2.7 Judicial Review of Denial
Any person adversely affected by the granting or denial of the permit may appeal
such decision to a court of competent jurisdiction, after receiving notice of
the decision. The decision granting or denying the permit shall be effective on
the date of the written notice issued by the City Transportation Division,
unless the Mayor orders otherwise.
2.8 Banner and Hardware Standards
Street banners must be constructed of a material that can withstand the normal
and reasonably expected forces of nature for the period of time they are
displayed. Torn or damaged street banners will not be hung and will be
promptly removed by the applicant, if damaged after being hung. The street
banners shall not exceed an overall length of 96 inches and a width of 30
inches. There shall be a 6 inch sleeve at the top of the street banner to
slide over the bracket. The bottom shall have a 2 inch hem, and the sides
shall have a minimum hem of ¾ inches. There shall be 2 grommets at the
bottom of the street banner. The graphic area shall not exceed 26 inches
by 88 inches. A diagram outlining these street banner standards is
attached hereto. Any hardware installed upon utility poles must first be
approved by the City Transportation Division. All street banners and
hardware shall be installed such that the top of the street banner is at least
18 feet above the ground. If the street banner hangs over the traffic way,
the top of the banner must be at least 22 feet above the ground.
2.9 Duration of Display
The street banners may be permitted and be in place for a period not to exceed
30 days. If no other applicant has applied for permission to
place street banners in the same location, that initial 30 day display period
may be extended for an additional period of 30 days. Notwithstanding the
foregoing, the City may order that street banners be removed prior to the
expiration of any permit period, if such banners are determined to constitute a
safety hazard.
2.10 Installation, Maintenance and Removal
Street banners, and any hardware necessary to display such street banners, may
only be installed by a licensed contractor approved by the City. Except as
may be otherwise determined by the City, the applicant is responsible for all
costs associated with installation, maintenance and removal of all street
banners and any hardware necessary to display such street banners. The
applicant is also responsible for any damage which may occur to the street
banners or hardware while they are being installed, displayed, or
retrieved. Damaged or dirty street banners must be removed immediately by
the applicant. The cleaning and repair of street banners is the
responsibility of the applicant. At the expiration of the permit period,
the street banners shall be promptly removed by the applicant. After
installation, any hardware installed on utility poles shall become property of
the City, and shall remain on the utility poles after removal of the street
banners.
2.11 Enforcement
The City may enforce the terms and limitations of this Executive Order through
any lawful means.
3. Waiver
The requirements of this Executive Order may be waived or modified by the Mayor,
with the advice of the City Attorney.
4. Negative Savings Clause
If any portion of this Order is determined to be illegal, invalid, unconstitutional, or superseded, in whole or in part, this entire Order shall forthwith be voided and terminated, subject to the following provisions: (a) in the event of a judicial, regulatory, or administrative determination that all or some part of this Order is illegal, invalid, unconstitutional, or superseded, such action shall be effective as of the date of a final appealable court order; and (b) in the event of any state legislative action that renders any portion of the Order illegal, invalid, unconstitutional, or superseded, such action shall be effective as of the effective date of such legislative action.
This Executive Order may be revoked at any time without notice to any
party. No property interest or vested right is created in any person or
entity by this Order. If any portion of this Order is determined to be illegal,
invalid, unconstitutional, or superseded, any person or entity who has erected
any street banners contemplated by this Order shall immediately remove such
street banners, after receiving oral or written notice from the Mayor or the
City Attorney of such determination.
5. Supercedes Previous Executive Order
This Executive Order amends and supercedes the previous executive order dated May 22, 2003, which previous order shall now be deemed to be null and void.