Encinitas Municipal Code Ch. 15.10 Banners in Public Rights-of-Way

The City's banner program is a limited forum intended to be used consistent with the purposes and requirements identified in this chapter.

(Ord. 2012-14)

Banners in the public rights-of-way shall be authorized by a City permit issued pursuant to this chapter and subject to the "non-content based" standards established by the City and approved by the City Manager or designee which are on file with the City Clerk and available for public inspection. Authorization shall be known as the City's "Banner Program."

(Ord. 2012-14; Ord. 2017-07)

Banners shall be for the exclusive purpose of promoting or depicting the following:

A. Authorized local civic events such as art festivals, athletic events, car shows and similar special events;

B. Promotional or celebratory depiction of or related to the City such as points of interest, attractions, and milestones; and

C. Promotions or depictions suitable for viewing by all ages.

(Ord. 2012-14)

Banners shall not promote nor depict the likeness of any political figure presently alive. The phrase "political figure" for purposes of this section shall mean any former elected public official, present elected public official and current candidate for any elected public office, in the County of San Diego. The phrase "candidate" for purposes of this section shall mean any person who has publically expressed or demonstrated an intention to run for any public office and/or filed the appropriate papers to do so with any government agency in the County of San Diego.

(Ord. 2012-14)

Banners shall not exceed 45 square feet in area and shall be located only on City-approved structures. Banners shall be installed pursuant to City specifications. Banners may be displayed no more than 14 days prior to the start of the event and shall be removed within three days of the end of the event. Banners not related to a specific actual event shall not be displayed more than 90 days.

(Ord. 2012-14)

Fees to recover City costs in reviewing applications for placing banners in the public rights-of-way shall be established by City Council.

(Ord. 2012-14)

The City Council reserves the right to terminate the City's Banner Program at any time; provided, however, that any banner erected prior to termination may remain in place for the duration of its authorization to do so.

(Ord. 2012-14; Ord. 2017-07)