RESOLUTION NO. R-14-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY SAN
MARINO ADOPTING A POLICY GOVERNING STREET POLE
BANNERS
WHEREAS, Article 12 of the San Marino Municipal Code adopt regulations governing signs throughout San Marino; and
WHEREAS, the City of San Marino has installed infrastructure for vertical banners/flags on street poles along certain public streets within the City, including Huntington Drive and San Marino Avenue.
WHEREAS, the purpose for such infrastructure is to enable the City of San Marino to communicate with its residents certain messages concerning City events, programs and services, including those co-sponsored with other community groups; WHEREAS, the banner locations are intended to be a non-public forum, to be utilized by the City for the purposes of furthering its governmental functions; and WHEREAS, a street pole banner policy will clarify conditions authorizing the installation of street banners.
NOW, THEREFORE, BE IT RESOLVED by the City of San Marino City Council as follows:
SECTION ONE: The San Marino City Council hereby adopts and approves that certain Street Pole Banner Policy attached hereto as Exhibit A.
SECTION TWO: Any prior policies or regulations inconsistent with Exhibit A are hereby rescinded to the extent necessary to eliminate any such inconsistencies.
SECTION THREE: This Resolution and the action taken thereby shall be effective upon adoption.
PASSED, APPROVED, AND ADOPTED this 25" day of July 2014.
EUGENE SUN, MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) sS.
CITY OF SAN MARINO )
THEREBY CERTIFY that the foregoing Resolution No. R-14-22 was adopted by the City Council of the City of San Marino at an Adjourned Regular Meeting of the City Council held on the 25th day of July, 2014, by the following vote:
AYES: COUNCIL MEMBERS: DENNIS KNEIER, RICHARD SUN, RICHARD
WARD, VICE-MAYOR ALLAN YUNG, AND MAYOR EUGENE SUN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Veronica Ruin
VERONICA RUIZ, CMC
CITY CLERK
EXHIBIT A
CITY OF SAN MARINO
STREET BANNER POLICY
PURPOSE
The purpose of this policy is to establish procedures and minimum requirements for the display of street pole banners. Historically the City has placed banners on poles on certain streets (Huntington Drive and San Marino Avenue). This Policy is intended to clarify the City's intent with regard to the use of such banners. The display of banners provides an opportunity for the City of San Marino to convey information to its residents. In adopting this policy, the City Council is not creating a public forum for expressive activity on or above public streets. Banners hung on public streets in violation of this policy may be removed by the City.
LIMITATIONS ON USE
Because the City is not creating a public forum for expressive activity, the banners are to be used to convey 1) City messages or information, 2) information for programs or activities provided by the City or co-sponsored with the City.
In no case shall a banner be used for commercial purposes by promoting a commercial (for- profit) event or company. Entities or organizations that do not fall within the categories described in this policy are not communicating City governmental messages and are not authorized to utilize the banner locations.
GENERAL PROVISIONS
• Eligibility: Pole banners are authorized for City special events or city partnership events and celebrations. The City is not obligated to make any of these locations available for use by anyone other than the City.
• Administration: Based on the guidelines described in this policy, the City Manager or his designee shall be responsible for approving the design of banners and for arranging their proper installation and removal.
• Scheduling: Requests for banners for partnership events shall be submitted in writing to the City (Parks and Public Works Department) at least 60 days prior to any installation.
The requests shall specify location and quantity of banners. All scheduling decisions shall be at the discretion of the City.
• Conflict Resolution: Conflicts that arise over eligibility or interpretation of this policy shall be resolved by the City Manager or designee.
• Liability: Banners are the property of the City or the partnership organization. The City of San Marino is not responsible to any third parties/partners for the disappearance of or damage to co-sponsored banners from any cause including but not limited to wind, weather, theft, or vandalism.
• Locations, Dimensions, and Quantities: The banner locations identified in this policy have all been approved by the City. Banners shall be placed on vertical poles along the following corridors: Huntington Drive and San Marino Avenue AND other locations as approved by the City Manager. The banner specifications shall be identified by the Parks and Public Works Department. City staff shall install all street pole banners. If street banners are for a city partnered activity, installation can be performed by a contractor when pre-approved by the City. The City is not responsible for any damages or losses incurred during the installation of banners by contractors.
Banners shall not obstruct traffic lights, traffic signs, or warning devices, such as but not limited to street name, parking limitations, speed limit, school direction or route designations or business signs.
A minimum or maximum number of banners may be imposed by the City Manager, depending on purpose and location.