Rolling Hills Estates Municipal Code Ch. 12.16 Street Banners

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 § 1050)

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 § 1051)

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 city manager an application therefor, on the forms prescribed by him, together with an application fee to be used to defray the cost of processing an investigation in the amount of fifteen dollars. The fee required by this section shall be waived by the city manager if he finds that the applicant is an organization which would be exempt from the payment of a city business license pursuant to the business license provisions of this code.

(Prior code § 1052 (part))

Upon receipt of a written application for a street banner, the city manager shall issue a permit for the placement of such a street banner if he finds that issuance of such permit and its location will not constitute a traffic hazard or a public or private nuisance. The city manager may condition the issuance of such permit to insure that compliance is had with all provisions of this chapter, and to insure that such street banner will not constitute a traffic hazard or a public or private nuisance.

(Prior code § 1052 (part))

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 city manager together with the application. There shall be no deviation from such design and wording without the city manager's prior approval.

B. No permit shall be issued for banners for partisan political or commercial occurrences or events.

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 the banner or banners may be so placed.

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 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.

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

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

(Prior code § 1053)

Upon the 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 such time, the city manager shall cause the same to be removed and charge the applicant for the cost thereof.

(Prior code § 1054 (f))

Without regard to the notice provision of this chapter concerning suspension, revocation and the like, the city manager 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 § 1054 (e))

The city manager, 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 him that the applicant has not complied with the conditions of issuance of 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.

(Prior code § 1054 (a))

Any decision with respect to suspension, or any decision of the city manager 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 mailing of notice of suspension, or within ten days after notification of the decision of the city manager 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 § 1054 (b))

A 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 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 § 1054 (c))

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 city manager shall cause the same to be removed, and shall charge the applicant for the cost thereof.

(Prior code § 1054 (d))