Approved December 1, 2006
CITY OF SAN RAMON
RIGHT-OF-WAY BANNER POLICY
December 2006
Item No. 9.1. Supplemental
Approved December 1, 2006
CITY OF SAN RAMON
ADMINISTRATIVE POLICY
Date: December 1, 2006
Effective: January 1, 2007
SUBJECT: RIGHT-OF-WAY BANNER POLICY
PURPOSE:
The intent of this policy is to establish the general criteria, procedures, and guidelines to administer the installation, materials, scheduling, removal, insurance, and other items related to the placement of vertical banners on street light poles within the City of San Ramon public right-of-way (ROW).
The provisions included in the attached Right-of-Way Banner Policy dated December 1, 2006 will be followed when considering the scheduling and installation of vertical banners on City-owned street light poles.
The Right-of-Way Banner Policy herein stated shall become effective upon the date of approval and signature by the City Manager. All prior Right-of Way Banner policies shall be deemed canceled as of this date. _____________________________ __________________________ Karen McNamara, Public Services Director Herb Moniz, City Manager Right-of-Way Banner Policy
Approved December 1, 2006
INTRODUCTION AND OVERVIEW
STATEMENT OF POLICY
The intent of this policy is to establish the general criteria, procedures, and guidelines to administer the scheduling, installation, materials, removal, insurance, and other items related to the placement of vertical banners on street light poles within the City of San Ramon public right-of-way (ROW) to promote public safety by preventing the visual distractions and unsafe conditions that arise from the unregulated placement of banners along public streets and highways. It is the responsibility of the Public Services Department to implement and administer this right-of-way banner policy according to the established criteria, procedures, and guidelines contained herein.
DEFINITIONS
For the purpose of this policy, the following definitions of terms apply:
Banners are vertical banners constructed of canvas, vinyl sheeting, or similar fabric that are suspended from metal rods and brackets attached to street light poles within the ROW. Banners must measure thirty inches wide by ninety-four inches tall (30”X 94”).
Director is the Director of Public Services or his/her designee.
Local event is a public event of significant interest to the City of San Ramon and that has positive economic impact to the City.
City sponsored event refers to an event that is either directly sponsored by the City or cosponsored by the City through action taken by the City Council.
Applicant is the party submitting the Temporary Right-of-Way Banner Permit Application.
Permittee is an organization or local government agency that has received a permit from the City of San Ramon to display a banner in the public right-of way.
GENERAL STANDARDS
In adopting this policy, the City of San Ramon intends to create a limited public forum to promote the public welfare by providing information to the community about local events.
Banners may be displayed only on those street light poles designated by the City. To establish uniform practices in the placement of vertical banners, the following provisions and procedures are adopted:
A. Eligibility – No banners shall be permitted in the public right-of-way except in accordance with the procedures set forth in this policy.
Temporary right-of-way banner permits shall be issued only for vertical banners promoting local events to be held on a specific date(s).
Right-of-Way Banner Policy
Approved December 1, 2006
An organization representing a local event or local government agency may apply for a temporary right-of way banner permit.
B. Permitted Banners – Vertical banners must meet the following requirements for fabrication, size, and installation:
• Fabricated by the City contractor and measure thirty inches wide by ninetyfour inches tall (30” X 94”). • Installed by the City contractor using rods and metal brackets securing both the top and bottom of the banner.
• Mounted so that no part of the banner is within fourteen feet (14’) of the pavement surface or more than four feet (4’) from the pole.
Vertical banners shall not be installed on poles bearing traffic signals. The total number of banner installations for local events must not exceed fifty percent (50%) of the total available installation locations (see permit application for available locations).
Banners should be designed with the following design guidelines in mind:
• Banner design should have a focus on the event and the details around the event including artwork and other graphics. This information and artwork should be 75% or more of the banner design.
• Banner should not focus on commercial vendors or sponsors/sponsor logos.
This information and artwork should be no more than 25% of the banner design.
C. Time Limits – Banners for local events may be displayed no more than fourteen (14) calendar days prior to the start of the event and will be removed within five (5) working days after completion of the event. Banners for City sponsored events may be displayed for no more than forty-five (45) consecutive calendar days.
D. Submission Requirements – The applicant requesting permission to place banners in the ROW must complete the Temporary Right-of-Way Banner Permit Application.
The completed application including payment of all fees and a copy of the draft banner design must be submitted to the Public Services Department at least six (6) weeks prior to, but not more than six (6) months in advance of the requested installation date(s). The Public Services Department will review the application to ensure all requirements are met. Permittee must obtain a San Ramon business license.
E. Fees – A permit application shall not be deemed complete until all permit fees as specified in the application have been paid. The permit application fee is nonrefundable. Installation and pole rental fees shall be refunded if the permit application is denied or if the permit is granted but the banners are not installed.
Fees submitted with each application shall be applied only to that application and, if granted, that permit. To renew a permit, the applicant must submit a new application accompanied by the processing and administration fee, the installation fee and the pole rental fee.
Right-of-Way Banner Policy
Approved December 1, 2006
Government agencies may apply for a fee waiver on the processing and pole rental fee. The installation fee is required as it is the direct cost paid by the City to the installer. Fee waivers for government agencies will be considered and granted based on the event’s level of benefit to the City.
F. Approval Authority – The Director or his/her designee shall have sole authority to approve banner applications (including design, content, location, and installation dates) and issue a Banner Permit. The Public Services Department shall maintain an annual calendar of banner placements for all City sponsored uses in order to determine availability to permittees under this policy. City or City-sponsored events shall be given first priority for use of banner poles. All other applications shall be processed on a first-come, first-served basis. A determination shall be made within fourteen (14) calendar days from the submittal of a complete application.
G. Maintenance – Should the City identify any problems with the appearance, condition or maintenance of the banners, the City will notify the permittee of the nature of the problem. Should the City deem replacement of the banner necessary, the permittee will have 48 hours after notification to submit a replacement banner(s). Should the permittee fail to produce replacement banners within 48 hours, the City may undertake any necessary corrections including but not limited to removal of the banner(s). The permittee will reimburse the City for any costs associated with the correction. The City reserves the right to remove the banner(s) without prior notification if the banners pose an imminent hazard.
Banners must be submitted to the Public Services Department seven (7) days prior to the approved installation date. The City contractor will install the banners on the approved street light poles on the first day approved by the Banner Permit. The City shall not be held responsible for events beyond the control of the City that delay banner installation.
The City contractor shall remove the banners at the expiration of the Banner Permit.
The permittee is responsible for retrieving the banners from the Public Services Department within seven (7) days of the removal. The City is not responsible for banners not retrieved after seven (7) days.
H. Liability – The permittee shall indemnify, and hold harmless the City of San Ramon, its officers, employees, and agents from and against any and all claims, demands, liability, costs, and expenses of whatever nature, including court costs and attorney and expert fees arising out of injury to or death of any persons or loss of or physical damage to any property resulting from the installation of the banners submitted by the permittee.
I. Severability – If any term, provision, or condition of this policy or its application to any person or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this policy or the application of the term, provision, or condition to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.