Mountain View Municipal Code Art. II Banners

The City of Mountain View recognizes the community-wide benefit in publicizing cultural, recreational, social and other special events of local nonprofit organizations promoting events in Mountain View which would be of interest to the local community, and it is the intent of this article to create a limited public forum for this purpose. The city also recognizes the necessity of regulating banners posted on electroliers, poles, posts, buildings, structures and banners which extend across city sidewalks, roadways, streets and thoroughfares, and it is the purpose and intent of this article to regulate by the permit process any banner which is to be posted on or across city property, as designated in this article.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

As used in this article:

"Banner" shall include, but not be limited to, all flags, pennants, banners, draperies and similar hanging signs.

"City property," for purposes of this article, shall include, but not be limited to: any city light poles, electroliers, flagpoles, posts, poles, buildings, tents, structures, sidewalks, roadways, parking strips, medians, streets, thoroughfares, property over which the city has a right-of-way or public service easement, Central Expressway or El Camino Real. Signs posted on city kiosks are excluded from this article.

"Light post banner" shall mean a banner, which shall not exceed a size of forty (40) inches by twenty-four (24) inches, which may be installed on designated city light poles, posts or electroliers. A city-owned gateway banner may be up to ninety-six (96) inches by thirty (30) inches in size.

"Street display banner" shall mean a banner, which shall not exceed a size of thirty (30) feet by three (3) feet, which may only be installed at designated locations across El Camino Real or Castro Street.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

No person shall affix, attach, mount, post or adhere, or arrange to have affixed, attached, mounted, posted or adhered, any "banner" as described in this chapter, to any "city property" as described in this chapter, or onto or across any city sidewalk, street, roadway, alley, thoroughfare or median or any portion thereof, without first obtaining a permit allowing the hanging or display of said banner as set forth in this article.

Except as expressly set forth herein, no banners of any kind shall be permitted on any city property at any location.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

Banner permits shall be issued by the community services director. Light post banners and street display banners owned by the City of Mountain View and designed to identify and promote the city shall not require a permit.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

All banners shall conform to banner construction and materials specifications, a copy of which shall be maintained on file at the community services department. Construction of the banner and materials shall be subject to prior approval by the department. Banners shall be made of a durable, flexible material, such as canvas or vinyl. Street display banners shall contain a minimum of five (5) air vents. Banners shall have reinforced grommets for installation.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

The community services department shall select and designate the sites where banners may be displayed. City-sponsored events shall have first priority. Only one (1) event may be advertised in a banner.

a. Light post banners. Light post banners shall be limited to displays authorized by the city and identifying the city or promoting city-sponsored activities in city facilities, and shall be restricted to city light poles, posts and electroliers on Castro Street between El Camino Real and the Caltrain right-of-way, at the transit center on Evelyn Avenue, and adjacent to the city library on Franklin Street and Mercy Street.

b. Castro Street display banners. Street display banners across Castro Street shall be limited to displays promoting events of local nonprofit organizations either sponsored or endorsed by the City of Mountain View, or sponsored or endorsed by the Central Business Association and approved by the city council of Mountain View and advertising significant downtown Mountain View events. Castro Street display banners shall be restricted to a single site on Castro Street designated by the community services director. If more banners are requested for a particular time period than there is banner space available, those banners advertising downtown Mountain View events of greater significance shall be given preference.

c. El Camino Real street display banners. Street display banners across El Camino Real shall be limited to displays promoting events either sponsored or endorsed by the City of Mountain View, or sponsored or cosponsored by a public or private school district located within the City of Mountain View. El Camino Real street display banners shall be restricted to two (2) sites on El Camino Real designated by the community services director. All El Camino Real street display banners shall also comply with all applicable state regulations.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

Any person desiring to arrange for the posting or hanging of a banner as provided in this chapter shall first apply to the community services director for a banner permit. Such application may be filed up to twelve (12) months prior to the scheduled event and no later than thirty (30) days prior to the scheduled event on the form provided by the community services department. Applicant is hereby advised that early filing of an application is recommended to avoid a possible impact on the banner display period in the event an appeal is filed.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

The permit application shall be in writing and shall include:

1. The name, address, telephone number and facsimile number, if any, of the applicant; and

2. The name, address, telephone number and facsimile number, if any, of the sponsoring organization, if any; and

3. The name and description of the event to be publicized and a statement of the purpose of the event (cultural, recreational, social or other special event); and

4. The location of the event; and

5. The date(s) of the event; and

6. The requested dates for banner display, not to exceed fourteen (14) days; and

7. The exact banner location requested; and

8. A graphic representation of the banner, including dimensions, the location of air vents and grommets; and a designation of materials to be used for the banner and ties.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

A nonrefundable application fee, as set by council resolution, shall be charged to process each banner permit application and for the cost of installation, removal and storage of the banner.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

Once a completed banner permit application has been received, the community services director shall approve the application, with conditions, if any, or deny the application. Such decision shall be made and notice shall be sent within ten (10) working days subsequent to the receipt of the completed application. If no notice of decision is sent, the banner permit application shall be deemed denied.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

Within ten (10) working days after approval of the application, the applicant shall submit a certificate of insurance acceptable to the city attorney in the amount of one million dollars ($1,000,000), naming the city, its officers, agents and employees, as additional insured. Within the same ten (10) day period, the applicant shall also pay a banner hanging fee in an amount set by council resolution. Upon receipt and acceptance of the certificate of insurance and the banner hanging fee for an approved application, the city shall issue the banner permit.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

A permit authorizing the hanging of a banner may include conditions, and failure to adhere to the conditions may result in the revocation of the permit and removal of the banner. Such conditions may include but are not limited to:

1. Size, dimensions and materials of the banner;

2. Location where banner is to be posted;

3. Only one (1) banner per designated location;

4. Beginning and ending dates of display;

5. Banner shall not constitute a public safety hazard;

6. Banner shall be delivered to the community services department ten (10) days prior to the scheduled date of display.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

The city shall perform the installation and removal of all banners. No longer than fourteen (14) days after the banner has been hung, the banner shall be removed by city crews. Applicant is responsible for retrieving the banner from the community services department. Banners not retrieved within a fourteen (14) day period following removal may be disposed of or reused as the city deems appropriate.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

a. Notice of denial of permit. Pursuant to Sec. 22.59, if the community services department determines that an application for a banner shall be denied, the community services director shall send a notice of denial to the applicant by certified mail or facsimile (if applicable) within ten (10) working days of receipt of a complete application. The notice of denial shall state the grounds on which the application was denied and that the applicant may request a hearing before the city manager by filing a written request with the community services department by no later than five (5) days after the date of the notice.

If no notice of denial is sent within ten (10) working days of receipt of a complete application, the application shall be deemed denied. The applicant shall then have five (5) days within which to request said notice of denial and to file a written request for a hearing.

b. Notice of violation. If, after granting a permit, the community services department determines that a particular banner does not comply with the requirements of this article, the community services department shall send to the permit holder a notice of violation by certified mail or by facsimile (if applicable) which specifies the date and nature of the violation, and the section of the Mountain View City Code or permit condition which has allegedly been violated, and that the permit may be revoked by the community services director unless the violation(s) are corrected by a specified date. The notice of violation shall also state that the permit holder may request a hearing on the proposed revocation before the city manager by submitting a written request to the community services department by no later than five (5) days after the date of the notice of violation.

c. Disposition without hearing. If no timely request for a hearing pursuant to a notice of denial or notice of violation is received by the community services department, or if the community services director determines that there is an immediate threat to public health, safety or welfare, the application shall be deemed denied or the permit shall be deemed revoked.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

Upon receipt of a timely request for hearing, the community services department shall set the matter for a hearing within five (5) days before the city manager and shall send the permit holder a notice by certified mail or by facsimile (if applicable) which states the date, time and place of the hearing. At the hearing, the permit holder may be represented by counsel and may present relevant evidence and arguments regarding the denial of the permit or the alleged violation and the proposed revocation of the banner permit.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

Within three (3) working days of the hearing, the city manager shall send by certified mail or by facsimile (if applicable) to the permit holder a written notice of decision which states whether the permit has been granted, denied or revoked, the effective date of such decision and the reason(s) for the decision. The decision of the city manager shall be final.

(Ord. No. 30.92, 12/8/92; Ord. No. 25.95, 12/12/95; Ord. No. 11.08, 10/14/08.)

(The next page intentionally left blank.)