Port Hueneme Municipal Code § 6039.1 Expiration of permit

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

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.

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 Director of Public Works an application therefor, on the forms prescribed by him, together with a filing and processing fee in the amount of fifteen dollars ($15.00). A service fee of twenty-five dollars ($25.00) shall be charged if permittee desires to have the City hang and remove the banner on the permittee's behalf. No fee is required to any applicant which would be exempt from the payment of a City business license pursuant to the Business License provisions of this Code.

Upon receipt of an application for a street banner, the Director of Public Works shall issue a permit for the placement thereof if he finds that the same will not cause a traffic hazard or create a public or private nuisance. The Director of Public Works may condition the issuance of such permit to ensure that compliance is had with all provisions of this Code.

The holder of any permit for any street banner shall comply with the following regulations:

(a) The exact design and wording proposed to be used on the street banner shall be submitted to the Director of Public Works together with the application. There shall be no deviation from such design and wording without the Director of Public Works' prior approval; and

(b) No permit shall be issued for banners for partisan, political or commercial occurrences or events; and

(c) Each permit issued 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 said banner or banners may be so placed: and

(d) 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 (18) 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 shall not be authorized or allowed pursuant to this Chapter except by specific approval of the Director of Public Works; and

(e) Banners shall not be placed so as to interfere with street lights, traffic signals or other structures of a public or private nature: and

(f) No permit for a banner shall be issued for a period of time longer than thirty (30) days; and

(g) All banners hung by permittee shall be so hung only under the supervision of the Director of Public Works.

On each application the applicant or his agent shall sign a statement that he agrees to preserve and hold harmless the City and its officers and employees thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his activities pursuant to the permit applied for.

The Director of Public Works, upon twenty-four (24) hours written notice given to the applicant shall suspend a permit whenever it is found by him that the applicant has not complied with any conditions of issuance imposed upon such permit, or has violated any other rule, regulation or law. The order of suspension shall be an order of revocation unless an appeal is filed in the time and manner as hereinafter provided.

Any decision of the Director of Public Works with respect to suspension or with regard to the denial, issuance or conditions imposed upon the issuance of a permit hereunder shall be directly appealable to the Council if a letter of appeal is filed with the City Clerk within ten (10) days after mailing of notice of suspension or within ten (10) days after notification of the decision of the Director of Public Works with respect to a permit. Upon receipt of a timely appeal the City Clerk shall place the same on the next Council Agenda for consideration by the Council. The City Clerk shall give at least twenty-four (24) hours' written notice to the appealing party of the time and place of such hearing before the Council in regard to such an appeal.

At the time and place set for the Council hearing upon such an appeal, the Council shall consider any applicable staff report or other pertinent material concerning such decision that is being appealed. The hearing in such case need not be a formal public hearing as is required in Zoning Regulations cases, but the 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 Council shall be final and conclusive.

Upon final revocation of a permit, the applicant shall, within twenty-four (24) hours, remove the Street Banner. If such banner is not removed within the said time limit, the Director of Public Works shall cause the same to be removed and shall charge the applicant for the cost thereof, Such charges shall be collectible as a civil debt.

Notwithstanding any of the provisions of this Chapter, the Director of Public Works is hereby 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.

Upon the expiration of a permit for a Street Banner, the applicant shall cause the said banner to be removed within twenty-four (24) hours thereafter. If such street banner is not removed within said time, the Director of Public Works shall cause the same to be removed and charge the applicant for the cost thereof. Such charges shall be collectible as a civil debt.