HomeMy WebLinkAbout(2006, 10/10) - L-16 - AmendedL-16
TEMPORARY BANNERS EXTENDING OVER
THE PUBLIC RIGHT-OF-WAY
FINDINGS AND PURPOSE
Temporary banners and signs pose risks to the public in the form of potential physical
obstructions in or over the right of way and by distracting an individual who otherwise
would, and should, focus on other users. The City Council also finds that, in the
absence of the size and number limits specified in this policy, temporary banners or
sign could reduce property values, adversely impact land uses, and interfere with the
recreational objectives of visitors to the City of Newport Beach. A total prohibition on
the installation of temporary banners and signs is appropriate with the exception of the
provisions of this Policy and Chapter 20.67 of the Newport Beach Municipal Code
because there are adequate alternative means of communication for those wishing to
engage in commercial or non-commercial speech except for temporary real estate signs
and non-profit groups organizations conducting community wide events co-sponsored
by the City of Newport Beach and open to the general public. Finally, the City Council
has determined that the restrictions contained in this policy and the provisions of
Title 20 of the Newport Beach Municipal Code are the least restrictive means available
to accomplish the public safety, economic and aesthetic objectives of the City Council.
GENERAL PROVISIONS
Temporary banners and signs shall not be permitted within or over any public street or
pedestrian right of way with the exception of temporary real estate signs as specified in
Chapter 20.67 of the Newport Beach Municipal Code and banners notifying the general
public of a community wide event, open to the general public without charge,
conducted by a non-profit corporation or organization, and co-sponsored by the City of
Newport Beach. Temporary banners and signs shall be installed in strict compliance
with the provisions of this Policy and any conditions imposed on the permit by the
Public Works Director and, if required, by the Utilities Director.
PERMIT PROCESS
Except as provided in Title 20 of the Newport Beach Municipal Code, no person
shall install any temporary banner or sign within any public right of way
without first obtaining a permit issued by the Public Works Department.
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Applications for a temporary banner permit shall be submitted to the Public
Works Department on a form supplied by the City, and prior to 30 days of
planned installation date.
The Public Works Director shall determine if the application complies with the
standards specified in this policy.
The Public Works Director shall approve/deny/recommend City Council
approval of the application within five (5) working days.
The Public Works Director shall approve the permit if the application conforms
with the standards contained in this policy.
The Public Works Director shall deny the permit if the application does not
conform to the standards in this policy and shall give the applicant written notice
of, and the reasons for, the denial.
The Public Works Director may impose a refundable security deposit to be
applied to any damages, repairs to standards or poles not corrected by permittee
within 14 days of banner removal or any special services required by City.
The Permittee shall agree to indernnify and hold harmless the City of Newport
Beach.
The Permittee shall maintain a minimum of $1,000,000 in liability insurance from
a company with a Best’s Key Rating Guide parameter of "A" or better and a
financial size category of "VIII" or higher.
STANDARDS
Ao Manner of Installation.
1.Permittee shall install no more than one hundred (100) banners;
2.a)Banners on streetlight poles shall be no more than 2.5 feet wide and
8.0 feet high and approved by the Utilities Department. Wind load
calculations, determined by a registered engineer, will be required
for banners greater than 20 square feet;
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11.
Banners other than streetlight pole banners shall be no more than
4’ x 8’ wide and are subject to review and approval by the Public
Works Department for safety sight distance and clearance issues.
Banners shall not encroach on or above any portion of a right of way
utilized by motor vehicles;
No more than one (1) banner shall be installed on any pole or standard
and banners may not be installed between poles or standards;
The banners shall contain only the name of the permittee and the date,
time and the name of the event to be conducted by the permittee;
All banner brackets on streetlight poles must be mounted at least fourteen
(14) feet above the ground surface;
All banner brackets on streetlight poles must be installed using stainless
steel band clamps and the brackets must be sufficiently strong to
withstand wind-load generated by ninety (90) mile per hour winds;
Poles or standards must be wrapped with forty five (45) ml thick black
rubber sheet or other pre-approved material under all steel brackets and
clamps and no portion of any bracket shall be in direct contact with the
surface of any street light pole or standard. In addition, all street light
pole(s) being used must be inspected and approved by the Utilities
Department;
Banners shall be installed only at locations specified on the permit;
Permittee shall install and remove banners in strict compliance with the
traffic control, signage and warning device criteria specified in the
WATCH handbook and/or the Caltrans manual of traffic control; and
If more than one permittee requests the use of the same street light pole(s)
at the same time, the City may require removal of some of the banners to
allow other organizations to install banners authorized under City
policies.
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Time of InstaIlatioru
Permittee shall contact the City Electrician of the Utilities Department of
the City of Newport Beach at least forty eight (48) hours prior to the
installation of any banner on streetlight poles pursuant to the permit;
All banners and supporting material shall be removed within thirty (30)
days after the date of installation;
Place of Installation.
Banners shall only be installed on City owned poles and standards, or
previously approved locations in roadway medians, in City parks, and on
other City owned facilities;
o Banners shall not be installed on any pole or standard which could create
sight distance problems for pedestrian or vehicular traffic;
Banners shall not be installed on poles or standards in any residential
district.
Banners shall only be installed at the approved locations indicated on the
plan submitted with the banner application.
Adopted - January 24,1994
Amended - February 26, 1996
Amended - February 24, 1997
Amended - May 8, 2001
Amended - April 8, 2003
Amended - October 10, 2006
Formerly M-4
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