Chapter 5.63 — PLAZA BANNERS

For the purposes of this chapter, the words defined in this section shall have the meanings assigned to them as follows:

"Department" means the Department of Public Works and its duly authorized representatives.

"Each location" means each wire or rope from which one or more plaza banners are suspended.

"Plaza" means the Plaza Historic District, as that term is defined in Orange Municipal Code Section 17.04.035.

"Plaza 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 non-profit advertisement, or to attract the attention of passersby; except, however, official warning devices, or public service or safety facilities. The term shall not include signs and billboards, the installation and maintenance of which are regulated by Chapter 17.36 of this code.

(Ord. 11-98; Ord. 09-22, 2022)

Plaza banners shall only be hung on Glassell Street, one block in each direction from the Plaza, and on Chapman Avenue, two blocks in each direction from the Plaza, at locations deemed appropriate by the Director of Public Works or designee. The number of banners shall be limited to eight on Glassell Street and six on Chapman Avenue. (Ord. 11-98; Ord. 9-07)

• A. No person shall install or maintain any plaza banner without a permit issued by the department. Applications for permits shall be made at least 10 working days prior to the desired hanging date, upon forms prescribed by the department, setting forth the description of each proposed installation and all other information the department may require; one application may include a number of locations. The term of the permit shall be as indicated thereon, but in no case shall it exceed 30 working days nor shall a banner be hung more than 30 calendar days before the event.

• B. Permit applicants shall meet the following qualifications and shall provide evidence thereof to the satisfaction of the City Attorney. Such evidence shall be provided at the time of application.

  1. Applicant shall be an organization exempt from taxes under either state or federal law;

  2. Applicant shall be organized for fraternal, charitable, religious, educational, Chamber of Commerce, civic or social welfare purposes;

  3. Applicant shall have been in existence for at least six months prior to making application for a permit;

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.63.030

§ 5.63.050

4. Applicant shall have a regular membership and meet at regular intervals of at least once per month.

• C. Any application may be denied in whole or in part by the department in the interest of the public safety, convenience or general welfare.

• D. Conflicting applications shall be processed on the basis of the filing date of the earliest completed application.

• E. No permit shall be issued until the requirements set forth in Sections 5.63.040 and 5.63.050 have been fulfilled to the satisfaction of the department.

• F. Any permit may be denied or revoked by the department for any material misrepresentation in the application, for any failure or refusal to observe any rule or regulation of the department, or if, in the judgment of the department, the continued maintenance of any plaza banner covered thereby would be dangerous or inimical to the public safety, convenience or general welfare.

• (Ord. 11-98)

No permit shall be issued hereunder unless the applicant files with the department a certificate of liability insurance approved by the City Attorney meeting the following requirements:

• A. The policy shall be written on an occurrence basis providing for a combined single limit of $100,000.00 per incident for property damage and $500,000.00 per person per incident and for bodily injury.

• B. The term of the policy shall be from at least one week prior to until at least one week after the term of the permit.

• C. The policy shall insure applicant against any and all loss, cost, expense, injury, damage or liability claimed to be caused by or resulting from any reason other than the installation or maintenance of any banner or appurtenance installed under the permit, and from any dangerous or defective condition or nuisance created thereby or resulting therefrom.

• D. The policy shall provide that the City, its officers, agents, and employees are declared to be additional insureds under the terms of the policy with respect to claims related to the use, installation or maintenance, or failure to install or maintain, any banner or appurtenance pursuant to the permit. A policy endorsement to that effect shall be provided prior to issuance of the permit.

• E. The policy shall be issued by an insurer admitted in the State of California and with a Best's Key Rating Guide rating of A, VII or better.

• (Ord. 11-98)

Except as hereinafter waived in Section 5.63.090, no permit shall be issued hereunder unless the applicant pays the City a fee for the installation and removal of any banner or appurtenance installed pursuant to the permit. The amount of the fee required shall be equivalent to the number of locations requested multiplied by the fee per location in effect at the time of issuance of such permit as determined by separate resolution of the City Council. Such fee shall be due and

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City of Orange, CA § 5.63.050

ORANGE CODE

§ 5.63.090

payable to the City concurrently with the submission of an application for permit, as described in Section 5.63.030. If a permit is issued, the fee shall be nonrefundable except as otherwise provided in Section 5.63.060. (Ord. 11-98)

The Public Works Department shall be responsible for the installation and removal of all banners, with priority given to Orange-based organizations. The City is not responsible for the physical condition of the banners prior to installation or subsequent to removal. All banners to be installed must be delivered to the Public Works Department at the City corporation yard, located at 637 West Struck Avenue, at least two weeks prior to the installation, for inspection and compliance with the published City standards and those standards as they may be amended from time to time. The Public Works Department shall not issue a permit for the installation of any banner(s) prior to inspection.

Upon removal of the banner(s) by City personnel, the permittee shall be notified and shall have five working days to remove the banner(s) from the Public Works Department. Banners left beyond five days from notification of permittee shall be considered abandoned and may be disposed of by the Public Works Department. (Ord. 11-98; Ord. 9-07)

The City may adopt such rules and regulations, not in conflict with this chapter, as in its judgment may be needed to control the installation, maintenance and removal of plaza banners; the size, weight and methods of suspension thereof; the materials to be used; and to safeguard the public safety, convenience and general welfare in all other respects in relation to this subject. (Ord. 11-98)

No permit shall be issued for, and no persons shall install or maintain, any plaza banner of a political, commercial or noncommunity related nature. (Ord. 11-98)

Plaza banner permit applications for City-sponsored functions shall be categorically exempt from the installation and removal fee under Section 5.63.050. City-sponsored functions shall be as authorized by separate resolution of the City Council. (Ord. 11-98)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.64.010

§ 5.64.030