Montebello Municipal Code Ch. 12.12 Street Banners

Regulating the placement of street banners is required given the nature of the forum and the conflicting interest involved. The First Amendment interests of speakers who desire to use street banners to exercise expressive activity must be balanced against the privacy interests of residents in not being bombarded by political propaganda. The denial of access to political messages reflects the city's recognition that commuters and pedestrians exposed to political messages placed on banners over public thoroughfares are incapable of declining to receive those messages. Commuters and pedestrians exposed to political street banners are not like the passerby who may be offered a pamphlet on the street but who cannot be made to take it. Furthermore, the city's interest on avoiding the reality an appearance of government favoritism or entanglement with a particular viewpoint is served by excluding political messages on street banners. Limiting access to Montebello-based nonprofit service groups and charitable health and welfare agencies serves to promote the city's interest in maximizing private support of social programs that may otherwise have to be supported by government funds. The city does not intend to create a public forum by its granting of selective access to public service groups. Nothing in this chapter shall be interpreted or used to foreclose other alternative channels of communication for political expression.

(Ord. 2034 § 3, 1990: prior code § 8653.5)

The phrase "street banners," as used in this chapter, means any cloth or canvas sign or banner, or other type of banner or sign, or other device, designed for use in or over a public street, public right-of-way, or other public place.

(Prior code § 8650)

No person shall erect, maintain, place, suspend, attach or move, any street banner for any purpose whatsoever, in, along, over, above or across any public street, alley or other public place or any portion thereof, without first obtaining a permit therefor in the manner hereinafter prescribed.

(Prior code § 8651)

Any person desiring to place or locate a street banner in, along, over, across or above any public street, alley or any other public place, shall file with the building official, an application therefor, on the forms prescribed by the building official, together with an application fee, to be used to defray cost of processing an application in the amount of fifteen dollars. The fee required by this section may be waived by the building official if he finds that the applicant is an organization which would be exempt from the payment of the city business license pursuant to Section 5.04.060.

(Ord. 2034 § 1, 1990: prior code 8652)

Approval of a permit for the purpose of placing a street banner or sign over a public street, public right-of-way, or other public place shall be granted subject to the following conditions:

A. The exact design and wording proposed to be used on the street banner shall be submitted to the building official together with the application. There shall be no deviation from such design and wording without the building official's prior approval; and

B. Permits shall be granted only to Montebello-based, nonprofit service groups and organizations, as well as voluntary, charitable, health and welfare agencies that provide support or support health and welfare services to individuals. Such services must directly benefit human beings, whether children, young, adults, or the aged, the ill and infirm, or the mentally or physically handicapped. Such services must consist of care, research or education in the fields of human health or social adjustment and rehabilitation; relief of victims of natural disasters and other emergencies; or assistance to those who are impoverished and therefore in need of food, shelter, clothing, education and basic human welfare services; and

C. No permit shall be approved for those groups or organizations that seek to influence the outcome of elections or the determination of public policy through political activity or advocacy, lobbying or litigation on behalf of parties other than themselves; and

D. Each permit shall contain on its face, and the applicant shall be bound thereby, a designation of the location or locations at which the banner or banners may be placed, and the time during which the banner or banners may be so placed; and

E. No banner shall be erected pursuant to this chapter, unless the banner or device is of a substantial cloth or canvas material, adequately ventilated for wind, and securely suspended from existing poles or other structures, at least eighteen feet above the highest point of the underlying roadway or other public place. The erection of special poles or other supports on public or private property is not authorized or allowed pursuant to this chapter except by specific city council approval; and

F. Banners shall not be placed so as to interfere with street lights, traffic signals or other structures of a public or private nature; and

G. No permit for a banner shall be issued for a period of time longer than thirty days.

(Ord. 2034 § 2, 1990: prior code § 8653)

The chief of the police department, or the building official, shall, upon twenty-four hours' written notice given by United States mail, postage prepaid, at the last known address of the applicant or permittee, or by personal service, shall suspend a permit whenever it is found by such officer that the applicant has not complied with the conditions of issuance of such permit, or has violated any other rule, regulation or law.

(Prior code § 8654(1))

Any decision with respect to suspension, or any decision of the building official with regard to the issuance or conditions imposed upon the issuance of a permit hereunder, shall be directly appealable to the city council. Within ten days after receipt of notice of suspension, or within ten days after notification of the decision of the building official with respect to a permit, the permittee or applicant may file with the city clerk a written letter of appeal, appealing such decision to the city council. Upon receipt of such appeal, the city clerk shall place the same on the next city council agenda for consideration by the council. The city clerk shall give at least twenty-four hours' written notice to the appealing party of the time and place of such hearing before the city council in regard to such an appeal. The written notice shall be by United States mail, postage prepaid, addressed to the applicant at his last known address, or by personal service upon the applicant or appealing party.

(Prior code § 8654(2))

At the time and place set for the city council hearing upon such an appeal, the city council shall consider any applicable staff report or other pertinent material concerning such decision appealed from; the hearing in such case need not be a formal public hearing as is required in zoning cases, but the city council shall give the appealing party and any other interested person a reasonable opportunity to be heard and present relevant evidence. The applicant shall have the burden of proof to show that the decision appealed from was unreasonable, arbitrary or was not correct in law or fact. The decision of the city council shall be final and conclusive.

(Prior code § 8654(3))

If, after due notice of suspension or revocation, in the absence of an appeal, or after a decision adverse to the appealing party in the case of suspension or revocation, the applicant shall, within five days, remove the street banner. If such banner is not removed within the time limit, the street superintendent shall cause the same to be removed, and shall charge the applicant for the cost thereof.

(Prior code § 8654(4))

Without regard to the notice provision of this chapter concerning suspension, revocation and the like, the street superintendent is empowered to remove any street banner at any time without notice to the permittee, if he finds the same is hazardous and/or defective and represents and constitutes an immediate threat to the public peace, health, welfare and safety.

(Prior code § 8654(5))

Upon expiration of a permit for a street banner the applicant shall cause the banner to be removed within twenty-four hours after such expiration. If such street banner is not removed within the time, the street superintendent shall cause the same to be removed and charge the applicant for the cost thereof.

(Prior code § 8654(6))

If a permit for a street banner is required from the State Division of Highways for any street banner and for any reason the state declines to issue the permit, the building official shall likewise decline to issue a city permit, or if a permit has been issued, he shall immediately revoke same.

(Prior code § 8655)