Compton Municipal Code § 19-10 Street Banners

[Ord. #2211]

The purpose of this section is to prescribe standards by which the City will provide limited availability for community-based service organizations and educational institutions to advertise their events or a series of events that are of general public interest utilizing City of Compton designated street banner spaces according to the criteria set forth herein. It is not the intent of the City of Compton to provide street banner space as a forum for the unlimited expression by the general public or to allow non-City entities or persons to post messages on City designated street banner spaces by use of street banners. The City shall not discriminate based on the content of the requested event banner, nor based on the nature of the event, provided that the requested banner meets the requirements of this section. These standards are intended to preserve the limited public forum status of the street banner spaces.

This section does not apply to street banners that advertise events conducted, sponsored or funded by the City. Such street banners instead are prepared by the City or under its supervision, or are governed by the terms of the City's sponsorship or funding requirements. In no way shall this section be construed to limit the City's inherent right to hang City sponsored street banners from any street banner space.

[Ord. #2211]

For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directive.

COMMUNITY-BASED SERVICE ORGANIZATION

Shall mean a nonprofit organization or corporation organized exclusively for veterans, social welfare, civic league, religious or charitable purposes, which has been issued a determination of exempt status by the Franchise Tax Board as required under Sections 23701d, 23701f, or 23701w of the Revenue and Taxation Code of the State of California or a group which is a local chapter of a recognized national organization having such a tax exempt status. Each such nonprofit organization must have a permanent meeting place in the City and must have been organized and established in the City for a minimum of one year continuously preceding the filing of the application for the banner permit.

DESIGNATED LOCATION

Shall mean the City-designated street banner space at the following locations: (1) Long Beach Boulevard at Rosecrans Avenue; (2) Long Beach Boulevard at Alondra Boulevard; (3) Central Avenue at Greenleaf Boulevard; (4) Central Avenue at Alondra Boulevard; (5) Central Avenue at Rosecrans Avenue; and (6) Alameda Street at Compton Boulevard; (7) Alondra Boulevard at Long Beach Boulevard; (8) Alondra Boulevard at Central Avenue; (9) Rosecrans Avenue at Central Avenue.

ELIGIBLE ORGANIZATION

Shall mean a community-based service organization or a local school district.

ERECT

Shall mean and includes suspend, display, install, construct, place and maintain.

EVENT

Shall mean something that takes place within the City of Compton at a venue of general interest that is open for attendance to the public regardless of their age, gender, race, religion or physical disability.

LOCAL SCHOOL DISTRICT

Shall mean the Compton Unified School District and the El Camino College, Compton Center (Compton Community College District).

STREET BANNER

Shall mean an object that both (i) is made of durable cloth, plastic or similar nonrigid material; and (ii) is suspended or otherwise displayed over, along, across or upon a public street or other public way.

[Ord. #2211]

No person shall erect or cause to be erected over, along, across or upon any public street or other public way any street banner without a street banner permit first being approved by the City Manager, or his or her designee.

[Ord. #2211]

Street banner permit applications shall be processed in accordance with this section:

a. Applications shall be filed with the City Clerk's Office on a City provided form and submitted no more than 60 days and no less than 21 days prior to the event sought to be advertised. Applications received by the City outside of this period shall not be processed.

b. Applications filed by eligible organizations shall include a nonrefundable application fee in an amount set by City Council resolution. If a permit is granted by the City Manager or his or her designee, prior to installation of any street banner, the permittee shall remit to the City a nonrefundable banner permit processing fee in an amount set by City council resolution, in addition to proof of compliance with subsection 19-10.7 (Insurance).

c. Applications shall be reviewed solely according to the following criteria:

1. Whether the application is complete.

2. Whether the applicant is an eligible organization.

3. Whether the requested street banner space is an available designated location.

4. Whether the applicant has submitted proof of general liability insurance that satisfies the insurance requirements of this section.

d. The City Manager, or his or her designee, shall process applications in the order received. An application shall be approved if there are no grounds for denial based on the review criteria.

e. Reasonable efforts shall be made to provide written notice of the approval or denial of an application to the applicant no later than seven days after the application date. If the application is denied, the notice shall include an explanation of the reason(s) for the denial and the decision shall be final.

[Ord. #2211]

Street banners displayed pursuant to an approved street banner permit shall conform to the specifications in this section:

a. Street banners shall be 40 feet long by three feet wide, shall be constructed of 16 ounce canvas, and shall contain two rows of eight inch diameter wind holes set 24 inches apart. Street banners must be professionally made and must be designed as specified in the application.

b. Street banners shall have metal grommets that are 5/8 inch in diameter placed at all corners and at both the top and bottom of the banner, spaced 24 inches apart. Corner grommets shall have reinforced backing.

c. Street banners shall contain 100 feet of 3/8 nylon rope sewn into top, center and the bottom of the banner.

d. Street banners shall contain the name, date, time (if applicable) and location of the event and the name of the organization who is the permit applicant that is conducting the event. Additionally, if desired by the applicant and space allows, the street banner may also contain the telephone number and/or web address for persons to obtain additional information concerning the event.

[Ord. #2211]

Street banners shall be installed and removed by the City in accordance with this section:

a. The permittee shall deliver its street banner to the City of Compton Public Works Street Department Corporate Yard at least 14 days prior to the approved display period. Any street banner that is unsafe, or that does not satisfy the banner specifications of this chapter, shall not be installed until such time as necessary corrections have been completed.

b. The priority of street banner installations shall be based on event dates and not on the order in which applications were received or permits were issued.

c. No street banner shall be displayed for more than 30 days.

d. Each street banner shall be removed upon expiration of the approved display period, or at any earlier time that the street banner has been damaged by wind or other elements. Each permittee must retrieve its street banner from the Public Works Street Department within one week after it has been removed. Street banners not retrieved before the deadline shall be destroyed or otherwise disposed of by the City.

[Ord. #2211]

Upon approval of a street banner permit, but prior to installation, permittees shall provide proof of issuance of a general liability insurance policy that shall remain in full force and effect throughout the display period that satisfies the insurance requirements of this section:

a. The policy shall be issued by an insurer that is authorized to do business in California and has a Best's rating of no less than A-:VII.

b. The policy shall provide coverage in an amount no less than $1,000,000 per occurrence and shall name the City as an additional named insured on the evidence of insurance and endorsement pages.

c. The coverage shall contain no special limitations on the scope of protection afforded to the City.

d. The coverage shall be primary insurance as respects the City.

e. Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the City.

f. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

g. The policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, or reduced in coverage or in limits unless the City has been given 30 days' prior written notice by certified mail, return receipt requested.

[Ord. #2211]

Approval of a street banner permit shall not preclude the City from displacing the permittee's street banner to accommodate a street banner for a subsequently scheduled event conducted, sponsored or funded by the City. In that situation, the eligible organization may be entitled to receive a prorated refund of the banner permit processing fee.

[Ord. #2211]

Permits may be revoked by the City Manager and/or his or her designee in whole or in part for one or more of the following grounds:

a. The maintenance of any street banner endangers public welfare, safety or property;

b. Failure or refusal to observe any provisions of this section or any rule promulgated by the Public Works Department; or

c. A material misrepresentation in the permit application.

[Ord. #2211]

With the City Manager's approval, the Director of Public Works may adopt such rules and regulations as may be necessary or convenient to implement this section. Such rules and regulations shall be kept on file in the Public Works Department and the City Clerk's Office and shall be available for the use and examination of the public.