Fremont Municipal Code Art. III Street Banner Program

This article regulates the hanging of street banners by private parties on utility poles owned by the city. Nothing in this article shall be construed to govern or otherwise limit the city’s use of street banners, or other communicative media, in or over the city’s right-of-way or on city property. (Ord. 3-2014 § 1, 1-14-14.)

The purpose of the street banner program is to promote local events sponsored by local nonprofit groups, or local affiliates of nonprofit groups, by allowing these groups to announce their local special events on street banners. This article does not create a designated public forum; rather the banner program is limited to those groups whose banners advance the purpose of the program. As used in this section, “nonprofit” means a group or organization that has tax exempt status under Internal Revenue Code Section 501(c)(3) or 501(c)(6), or is registered with the California Secretary of State as an unincorporated nonprofit association. (Ord. 3-2014 § 1, 1-14-14.)

“District identifying banner” means a street banner that identifies or denotes an area, community, district or other recognized geographic portion of the city, such as an historic overlay district.

“Event” means an activity that takes place within the city at a venue that is open for attendance by the general public without restriction based on the person’s status or membership in the event-sponsoring group.

“Nonprofit commemoration banner” means a street banner that recognizes an anniversary or other noteworthy milestone of a nonprofit organization that has been in existence within the city for at least 25 years.

“Nonprofit event banner” means a street banner that announces an event or series of events where the event proceeds, if any, will directly benefit a nonprofit organization.

“Nonprofit organization” means an entity that is tax exempt pursuant to Internal Revenue Code Section 501(c)(3) or 501(c)(6), or registered with the California Secretary of State as an unincorporated nonprofit association.

“Street banner” means any pennant, streamer, flag, sign, picture, figure or other object, regardless of the material of which it is made, which is suspended or otherwise displayed over any public street, way or place, designed for decoration or advertisement, or to attract the attention of passersby. “Street banner” does not mean official warning devices, public service facilities, street lights and the like. (Ord. 3-2014 § 1, 1-14-14.)

Street banners are prohibited except as expressly allowed by this chapter. It is unlawful for a person to cause a street banner to be placed or maintained in the city’s public right-of-way except in accordance with a valid permit issued in compliance with this section.

(a) A permit for a nonprofit event banner, nonprofit commemoration banner or district identifying banner may be issued to a nonprofit organization.

(b) A separate permit shall be required for each nonprofit event banner, nonprofit commemoration banner or district identifying banner design or location, subject to the following:

(1) Authorization for banners of identical design in one city block or in a number of contiguous city blocks by the same permittee may be consolidated in one permit.

(2) The fee schedule for each permit may be based on the number of locations and mountings for which authorization is requested.

(c) A permit shall not authorize the use of a street banner:

(1) For other than nonprofit event banners, nonprofit commemoration banners or district identifying banners;

(2) At a location other than the allowed locations identified by the city manager pursuant to Section 18.194.210;

(3) That contains content other than that specified in Section 18.194.230; or

(4) By other than a nonprofit organization. (Ord. 3-2014 § 1, 1-14-14.)

(a) Permits for nonprofit event banners or nonprofit commemoration banners may be issued for street light poles identified on a list prepared by the city manager.

(b) Permits for district identifying banners may be issued for street light poles identified on a list prepared by the city manager. (Ord. 3-2014 § 1, 1-14-14.)

(a) For each street light pole designated in accordance with Section 18.194.210, the city manager shall specify the appropriate mounting location and type of mounting hardware and establish a standard banner dimension that must be used for each type of mounting.

(b) The city manager may establish fabrication standards including specifying one or more standard materials that must be used for fabrication of banners. Standards shall be based on performance of materials to ensure that banners do not fade, fray, tear, peel, disintegrate, or otherwise fail while hung.

(c) All street banners must comply with the standards established by the city manager in accordance with this section. (Ord. 3-2014 § 1, 1-14-14.)

(a) The text of nonprofit event banners shall be limited to:

(1) The name of the event, not to exceed eight words and 50 letters;

(2) The name of the charitable or nonprofit organization who is the permit applicant;

(3) The date(s) and time(s) of the event;

(4) The location of the event; and

(5) If desired by the applicant, either a telephone number or web address for persons to obtain additional information concerning the event.

(b) The text of nonprofit commemoration banners shall be limited to the name of the nonprofit organization and the anniversary or milestone to be recognized.

(c) The text of all district identifying banners shall be limited to the name of the area, community, district or other recognized geographic portion of the city and may contain an introductory word or words, such as “Welcome to” or “Entering.”

(d) A for-profit entity may display sponsorship recognition on nonprofit event banners or nonprofit commemoration banners limited to the name and logo of the for-profit sponsoring entity. The size of the name and/or logo shall be limited to a maximum of 20 percent of the total area of the banner, and one sponsorship recognition per banner. (Ord. 3-2014 § 1, 1-14-14.)

Applications for street banner permits shall be on forms prescribed by the city manager and contain information sufficient to allow the city manager to determine whether the application meets the eligibility criteria. A street banner application may be consolidated with a special event application and shall include the following:

(a) The application must include a clear replica for each proposed banner or banners, including any text that will appear on banners, for each proposed installation.

(b) Hold Harmless and Insurance. As a condition of the permit, the applicant shall agree to hold harmless the city, its officers and employees, from any liability resulting from any form of advertising injury arising out of the applicant’s use of the street banners, and from any liability resulting from any bodily injury or property damage arising out of the failure of banner material. The agreement to hold the city harmless may be contained in the permit application. The applicant shall submit evidence of insurance acceptable to the city’s risk manager.

(c) The application shall include all fees and/or deposits required by the city. (Ord. 3-2014 § 1, 1-14-14.)

(a) The city manager shall review street banner permit applications to determine if the request complies with all the requirements of this chapter.

(b) The city manager shall issue, in whole or in part, a permit authorizing the installation of the requested street banner(s) when he or she finds: (1) the application for a street banner permit meets the eligibility criteria of this chapter; (2) the applicant has fully complied with all requirements of this chapter, including payment of all fees associated with issuing the permit and hanging the banners; (3) the street banner(s) will not damage public property, unreasonably interfere with the public right-of-way or city property, or endanger public health or safety; (4) the city has not previously reserved the location for its own use; (5) issuance of the permit is consistent with the duration and order of precedence rules for applications; (6) the requested location is equipped with properly functioning mounting hardware; and (7) the proposed banners comply with size and material standards established by the city manager for the requested location.

(c) If the city manager determines that the application does not meet the conditions set forth in this chapter for issuance of a banner permit, then he or she will notify the applicant of the reason or reasons for noncompliance within 15 calendar days of submittal of the application, and, if possible, itemize changes needed to bring the street banner permit application into compliance. If a street banner application is ultimately denied, then the city shall so notify the applicant in writing, which may be by written document or electronic notice.

(d) Once issued, permits for event banners may be revoked by the city manager in whole or in part on one or more of the following grounds: (1) the maintenance of any street banner endangers public health, safety or property; (2) one or more banners have substantially deteriorated; (3) the applicant’s failure or refusal to comply with any provision of this chapter; (4) the applicant made a material misrepresentation in the application; or (5) the city discovers that the permit was issued in error. (Ord. 3-2014 § 1, 1-14-14.)

Overlapping location or time period conflicts between applications that are otherwise eligible for permit issuance shall be resolved as set forth in this section:

(a) New applications take precedence over extension applications;

(b) An issued extension permit takes precedence over a new permit application;

(c) Event banner applications take precedence over district identifying banners applications;

(d) Event banner applications interrupt issued district identifying banner permits except for district identifying banners mounted at either end of a block with five or more banner poles;

(e) An application received 30 or more days before the requested start date takes precedence over an application received less than 30 days before the requested start date;

(f) When two or more applications are received 30 or more days before their respective requested start dates, one application shall be randomly selected for issuance;

(g) If a permit holder does not use all available banner hanging locations within a block, a second permit may be issued for the remaining locations and time periods. (Ord. 3-2014 § 1, 1-14-14.)

(a) The duration and permissible extensions for nonprofit street banner permits shall be as shown in the following table, except that nonprofit banners may not be used for more than 60 days in a 12-month period to announce the same event, whether the event is a single event, series of events, or periodically recurring event.

(b) The term of each permit shall be stated on the permit. (Ord. 3-2014 § 1, 1-14-14.)

Street banners may only be installed and removed by city staff or its agent unless otherwise approved by the city manager. The costs of installation and removal are the responsibility of the applicant. The city manager may charge applicants a fee sufficient to reimburse the city for the actual cost of installing and removing street banners. The city manager may also require removal or replacement of any banner that is tattered or frayed. (Ord. 3-2014 § 1, 1-14-14.)