HomeMy WebLinkAbout(2018, 08/14) – L-24 – Amended – incorporating L-27L-24
FLAGS ON PUBLIC BRIDGES, WITHIN OR EXTENDING OVER THE PUBLIC
RIGHT-OF-WAY
The City supports the beautification efforts directed to improve the quality of life and
economic vitality of various communities and commercial areas. Decorative flags shall
be permitted to enhance the appearance of City Bridges and identify the areas of the City
geographical commercial villages pursuant to this policy.
The City Council also finds that excessive numbers of flags bearing text can be distracting
to drivers, detract from the City's unique environmental setting, and create a cluttered
atmosphere on public property. In addition, the City Council does not intend to establish
any limited public forum for speech on City fixtures that is inconsistent with the limits
on categories of speech, classes of speakers, and venues for such limited speech
established in Council Policy L-16, or any successor policy.
Flags on Public Bridges
A. Flags are permitted on the following public bridges: the (1) Lido Isle/Via Lido
Bridge; (2) the Balboa Island/Marine Avenue Bridge; (3) Little Balboa Island/Park
Avenue Bridge; (4) the Arches Interchange Bridge; and (5) any other bridge
allowed by the City Manager. Flags shall be prohibited on all other public bridges.
B. All flags shall be decorative in nature and shall not contain any text with the
exception of the U.S. flag and geographical community designations (ex: Balboa
Island, Lido Isle, etc.). Commercial, political, or religious messages or messages of
any kind, including logos and symbols shall not be allowed.
C. No person shall install, maintain or remove flags on City bridges without first
obtaining an encroachment permit and agreement from the Public Works
Department. The permit/ agreement shall be valid for a period of one (1) year and
shall be renewable annually.
Authority to Install, Maintain And Remove
A. The Lido Isle Community Association shall be the designated agent of the City
and shall be responsible for the installation, maintenance and removal of flags on
the Lido Isle/ Via Lido Bridge.
B. The Balboa Island Improvement Association shall be the designated agent of the
City and shall be responsible for the installation, maintenance and removal of flags
on the Balboa Island/Marine Avenue Bridge.
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C. The Little Balboa Island Association shall be the designated agent of the City and
shall be responsible for the installation, maintenance and removal of flags on the
Little Balboa Island/Park Avenue Bridge.
Flags Placed Within or Extending Over the Public Right Of Way
The City Council wishes to ensure that flags displayed within the three (3) geographical
commercial villages are installed and displayed in a manner that does not damage City
property, create a hazardous condition on public property, or incur increased installation
or maintenance expense for the City. Encroachment permits shall be required on an
annual basis, and all flags displayed pursuant to the provisions of this Policy shall be
designed and installed consistent with the technical specifications and other
requirements set forth under the encroachment permit.
Definitions
A. The City of Newport Beach's commercial villages shall be defined as follows:
1. Balboa Village Business District, generally located between A Street and
Coronado Street on the Balboa Peninsula,
2. Balboa Island Business District, generally the 200 and 300 blocks of Marine
Avenue;
3. Corona del Mar Business District, generally located along East Coast
Highway from Hazel Drive to Avocado Avenue; and
4. Any other Business Improvement District that is formed by the City under
the California Streets and Highways Code.
B. The City shall permit decorative flags to be installed by the three geographic
commercial villages on City poles and standards approved by the Director of
Public Works, within the geographic boundaries of the commercial villages.
Except as permitted under this Policy, Newport Beach Municipal Code Chapter
20.42, and Council Policies L-16 (Temporary Banners Extending Over the Public
Right -of -Way), or any successor statutes or policies, no decorative flags shall be
installed within or over the public right-of-way in other geographic areas of the
City.
C. All flags permitted under this Policy shall be decorative in nature and shall not
contain any text with the exception of geographical community designations. (ex:
Balboa Island, Balboa Village, etc.) Commercial messages, noncommercial
messages, or messages of any kind, including but not limited to logos and symbols
associated with known religious, political, commercial, and/or nonprofit entities
shall not be allowed. National flags of any nation shall be permitted.
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D. No person shall install, maintain or remove flags on City poles, standards or other
fixtures within the geographic boundaries of the commercial village areas without
first obtaining an encroachment permit and agreement from the Public Works
Department. The permit/ agreement shall be valid for a period of one (1) year and
shall be renewable annually.
1. Applications for an annual flag permit in a commercial village geographical
area shall be submitted to the Public Works Department on a form supplied
by the City. With its application for each annual permit, the Permittee shall
include proposed locations, designs, materials, specifications and
dimensions for all flags it intends to display with its application for the
permit/ agreement.
2. The Public Works Director shall review each application for consistency
with Department standards, including but not limited to dimensions,
materials, location, type of installation, and wind load considerations. The
Public Works Director shall approve or deny the application within ten (10)
business days from the date the Director deems the application complete.
3. All flags displayed under the annual permit/ agreement shall be consistent
with the specifications and other information included with the
permit/ agreement application. No change or deviation in location, design,
material, specification or other information submitted to and approved by
the Public Works Director shall be permitted under the annual
permit/agreement unless first approved in writing by the Public Works
Director.
4. Flags shall not encroach on or above any portion of a right-of-way utilized
by motor vehicles.
5. No more than two (2) flags may be installed on any City pole or standard
at any time. With the approval of the Public Works Director, up to two (2)
flags may be permitted on a single pole. If the Permittee requests a permit
for more than one (1) flag or banner on any single pole, only one (1) of the
flags or banners on the requested pole may contain text. If a pole or
standard designated by the Public Works Director for flag display under
this Policy is also one that is designated for temporary banner display under
Council Policy L-16, and more than one (1) Permittee or entity requests the
use of the same pole or standard at the same time, the City may require
temporary removal of some of the flags permitted under this Policy to allow
other entities to install banners authorized under City policies.
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6. The Permittee shall contact the Utilities Department of the City of Newport
Beach at least forty-eight (48) hours prior to the installation of any flag on
streetlight poles pursuant to the annual permit/ agreement.
7. The Permittee shall employ a licensed contractor for installation and
removal of any flags installed under the annual permit. The Permittee and
any contractor employed by the Permittee shall agree to indemnify and
hold harmless the City of Newport Beach.
8. The Public Works Director may impose a refundable security deposit to be
applied to any damages and/or repairs to standards or poles not corrected
by Permittee within fourteen (14) days of flag removal or any special service
required by the City.
9. The entities applying for a permit shall be responsible for the installation,
maintenance and removal of flags permitted under this Policy and installed
within their geographic boundaries.
History
(2004, 06/22) - L-24 - Adopted (Flags on Public Bridges)
(2009, 06/09) - L-27 - Adopted (Flags Placed Within or Extending Over the Public Right -
of -Way within Business Improvement Districts)
(2018, 08/14) - L-24 - Amended - incorporating L-24 & L-27
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