Manhattan Beach Municipal Code Ch. 9.60 Banners in the Public Right-of-Way

Footnotes:

--- (11) ---

Editor's note— Ord. No. 13-0020, § 1, adopted October 1, 2013, effective November 1, 2013, amended Chapter 9.60 in its entirety to read as herein set out. Former Chapter 9.60, 9.60.010—9.60.070, pertained to regulations for suspending decorations and/or banners over the public way, and derived from Ord. No. 952, eff. November l9, 1963, Ord. No. 1428, eff. September 18, 1975; Ord. No. 1444, eff. March 4, 1976; Ord. No. 1458, eff. June 17, 1976; Ord. No. 1767, eff. November 19, 1987; and Ord. No. 1777, eff. May 19, 1988.

For the purposes of this chapter, the following phrases have the following meanings:

A. "Civic events" means events held by the City, City Business Improvement Districts, Manhattan Beach Unified School District, Beach Cities Health District, County of Los Angeles, or other governmental entities.

B. "City co-sponsored events" means events that do not qualify as a civic event, that the City co-sponsors.

C. "Public service announcements" means messages that promote programs, activities, or services of government entities, or impart information generally regarded as serving the public interest.

(§ 1, Ord. No. 21-0007, eff. August 24, 2021)

It shall be unlawful for any person to hang or suspend any banner, flag, pennant, or decoration (collectively, "banner" or "banners") over any street or other portion of the public right-of-way, or cause the same to be done, without first obtaining a permit from the City Manager or the City Manager's designee. The City will issue banner permits only for Public Service Announcements, and civic events and City co-sponsored events that are open to the public and free of charge.

(§ 1, Ord. 13-0020, eff. November 1, 2013; § 2, Ord. No. 21-0007, eff. August 24, 2021)

Any organization desiring a permit shall file an application with the City's Department of Parks and Recreation. Such application shall include all the information required by the City pursuant to its banner policy, as it currently exists or may be amended in the future. The application shall be signed by the applicant and shall contain a statement that the applicant agrees to conform to and obey all of the provisions of this chapter and all regulations and policies of the Council relative to the installation of banners in the public right-of-way.

(§ 1, Ord. 13-0020, eff. November 1, 2013)

The schedule of fees for permits issued pursuant to the provisions of this chapter shall be established by resolution of the Council.

(§ 1, Ord. 13-0020, eff. November 1, 2013)

The application shall be presented to the City Manager or the City Manager's designee. If the application complies with the provisions of this chapter and the City's related regulations and policies, the application shall be granted subject to such conditions that may be necessary to preserve the public health, safety, and welfare. Such decision shall be subject to appeal to the City Council. Upon approval of an application, a permit shall be issued by the City Manager or the City Manager's designee.

(§ 1, Ord. 13-0020, eff. November 1, 2013)

Any person receiving a permit pursuant to this chapter shall indemnify the City and provide all necessary insurance, as deemed appropriate by the City's Risk Manager.

(§ 1, Ord. 13-0020, eff. November 1, 2013)

The permit authorized by the provisions of this chapter shall be in addition to all permits required by the City. Each banner authorized by the permit shall be subject to the inspection of the Chief Building Inspector and the Parks and Recreation Director and shall conform to all requirements of the Building Code, Sign Code, and other codes, laws, policies, and regulations relating to decorations, banners, and signs.

(§ 1, Ord. 13-0020, eff. November 1, 2013)

A. Cause. In the event any person holding a banner permit violates any condition of the permit, any provision of this chapter, or any of the City's policies and regulations, the Parks and Recreation Director may suspend or revoke such permit. If such a permit is revoked, the City Manager or the City Manager's designee may refuse to grant a future permit for a banner to such person.

B. Removal of banner.

1. Pole banners. Within five (5) days of City notification of the termination, suspension, or revocation of a pole banner permit, the permittee shall remove the pole banner from the existing hardware. In the event the permittee fails to remove the pole banner, the City may remove the banner, and the permittee shall reimburse the City for its costs of removal.

2. Street banners. Not earlier than three (3) days after the City notifies a permittee that a street banner permit has been terminated, suspended, or revoked, the City will remove the banner and any related cables or cable attachments. The permittee shall reimburse the City for its costs of removal.

C. Appeal. The permittee may appeal a decision to suspend or revoke a permit to the City Manager by filing a notice of appeal to the City Clerk within ten (10) days of the decision. The City Manager shall conduct a hearing on the appeal and render a decision within ten (10) days of the date the appeal has been duly filed with the City Clerk. The City Manager's decision is final.

(§ 1, Ord. 13-0020, eff. November 1, 2013; § 3, Ord. No. 21-0007, eff. August 24, 2021)