060 of 2006 - relating to street banners on utility poles located in the public way 0 06-1
0 06-24
SALT LAKE CITY ORDINANCE
No. 60 of 2006
(Enacting Regulations Pertaining to Street Banners on Utility Poles)
AN ORDINANCE ENACTING SECTION 21A.46.170, SALT LAKE CITY CODE,
RELATING TO STREET BANNERS ON UTILITY POLES LOCATED IN THE PUBLIC
WAY, PURSUANT TO PETITION NO. 400-03-08.
WHEREAS, the City Council finds that the proposed ordinance is in the best interest of
the City.
Now, Therefore, be it ordained by the City Council of Salt Lake City, Utah, as follows:
SECTION 1. Section 21A.46.170, Salt Lake City Code, pertaining to street banners on
utility poles located in the public way be, and the same hereby is, enacted to read as follows:
21A.46.170 Street Banners on Utility Poles in the Public Way:
A. Purpose: The purpose of this section is to designate the use of certain utility poles for the
display of street banners to benefit local neighborhoods and the City as a whole by allowing
street banners for the limited purpose of encouraging and promoting community identity,
community organizations, and community events. In allowing this limited signage on utility
poles, in certain designated locations, the City does not intend to create a public forum, but
rather intends to create a limited or non-public forum for the purposes set forth herein.
B. Definitions:
1. "Applicant"means any person or organization that makes application for a street banner
permit as described herein.
2. "Community event" means a significant occurrence, happening, or activity in a given
local neighborhood at a given place and time of specific and limited duration.
3. "Community organization" means a City recognized, community-based organization,
as defined in Section 2.60.020 of the Salt Lake City Code, or a local non-profit 501(c)(3)
tax exempt status organization.
4. "Coordinated street banner program" means a program described in subsection
21 A.46.170(G).
5. "Logo" means a business trademark or symbol.
6. "Sign" means a sign as defined in Section 21A.46.020, Salt Lake City Code.
7. "Street banner" means a temporary secured banner to be located along designated
arterial or collector streets as shown on the adopted"Salt Lake City Transportation
Master Plan(Major Street Plan: Roadway Functional Classification)" map, or along
Terminal Drive at the Salt Lake City International Airport, and displayed on a utility pole
located in the public way.
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C. Authority to Display: In order to encourage and promote community identity, community
organizations, and community events, an eligible participant, as defined herein, may, after
applying for and receiving a permit to do so, place street banners on existing utility poles in
the public way.
D. Eligible Participants: The City will accept applications for a permit to display street
banners only from community organizations, city and county government, the State of Utah,
or from governmentally-owned educational institutions. Applications for political and for-
profit promotional street banners will not be accepted. Street banners may be placed on
existing utility poles in the public way or on public property only for the limited purpose of
promoting and encouraging community identity, community organizations, or community
events. Street banners located within the boundaries of a coordinated street banner program
shall be managed by the respective coordinated street banner program administrators.
E. Approved Display Areas:
1. Street banners may be placed on any existing utility poles that are located along
designated arterial or collector streets according to the adopted "Salt Lake City
Transportation Master Plan (Major Street Plan: Roadway Functional Classification)"
map, or on utility poles along Terminal Drive at the Salt Lake City International Airport,
if done in compliance with the requirements of this section.
2. Location:
a. Placement of street banners within locations identified on the "Salt Lake City
Transportation Master Plan (Major Street Plan: Roadway Functional Classification)"
map, or on utility poles along Terminal Drive at the Salt Lake City International
Airport, must be reviewed in relationship to proximity and use of other existing or
proposed street banners and their sponsoring institutions. In certain locations, such
banner uses may have the potential for adverse impacts if located without careful
planning. Such impacts may interfere with the enjoyment of adjacent property and
uses.
b. Street banners approved and managed by a coordinated street banner program
shall be located within the boundaries of the program's specified management area.
F. Display Content and Design
1. Allowable Displays - The following displays are permitted on street banners:
a. Advertisements or promotions of community organizations;
b. Advertisements or promotions of community events;
c. Advertisements or promotions of activities sponsored by the City, Salt Lake
County, the State of Utah, or a governmentally-owned educational institution;
d. Advertisements or promotions of community events that are commercially
sponsored;
e. Welcome messages, such as those for class reunions, conventions, conferences,
athletic tournaments, or local winners of major events;
f. Advertisements or promotions of sales and fund-raising events for youth
organizations, community organizations, and community service organizations for
their program support; or
g. Non-partisan and non-candidate voting information.
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2. Non-Allowable Displays - The following displays are not permitted on street banners:
a. Personal messages;
b. Promotion of a commercial for profit enterprise, activity, or event;
c. Advertisements for clubs, churches or for profit organizations promoting an event
with an admission charge;
d. Advertisements for religious organizations with a message not described in
subsection(F)(1);
e. Messages of political parties or political groups that are not described in
subsection (F)(1); or
f. Advertisements of clubs or organizations for events that are primarily open only to
members of those clubs or organizations.
G. Management of Coordinated Street Banner Programs: The City may enter into
agreements with community, government, or educational organizations to manage a
coordinated street banner program within a specified geographic area. Coordinated street
banner programs shall be subject to requirements as set forth herein. Such agreements must
be approved by the City and may establish regulations governing the application, approval,
and placement of street banners within the geographic area specified by the agreement.
H. Application for Permit:
1. Street banners to be located outside the boundaries of a coordinated street banner
program: Any person or entity who desires to display street banners to be located outside
of the boundaries of a coordinated street banner program shall submit an application to
the City Transportation Division. An application form must be submitted to the
Transportation Division not more than six months nor less than two months before the
first date the street banners are proposed to be displayed and must contain the following:
a. The name, address, and telephone number of the applicant, or if an organization, the
name address and telephone number of a contact person;
b. The name, address, and telephone number of any licensed contractor hired to place or
remove street banners;
c. A photograph, drawing, or other visual representation of the proposed street banners;
d. The proposed number of street banners and the proposed locations where the street
banners will be placed;
e. The proposed dates for placement and removal of the street banners;
f. If the City does not own the real property or the utility pole upon which a street
banner is proposed to be placed, evidence of written permission from the owner
consenting to such placement; and
g. An application fee of$50.00.
2. Street banners to be located within the boundaries of a coordinated street banner
program: Any person or entity who desires to display street banners within the
boundaries of a coordinated street banner program shall submit an application to the
managing entity of the coordinated street banner program. The applicant shall submit
any payment or fee required by the coordinated street banner program.
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I. Standards for Granting of the Permit: A street banner permit application shall be
reviewed and a permit issued by the City Transportation Division on a first-come first-served
basis upon a determination that the application has been properly completed, and that:
1. The location and placement of the street banners will not endanger public safety,
including motorists and pedestrians, by interfering with street lighting, obstructing traffic
signs or other control devices, or otherwise creating dangerous distractions; and
2. The street banners would comply with all other requirements of this section.
J. Time for Approval or Disapproval of Application: Within thirty(30) days after receiving
the application for a permit, the City Transportation Division shall grant, modify, or deny the
permit request.
K. Judicial Review of Denial: Any person adversely affected by the granting or denial of the
permit may appeal such decision to a court of competent jurisdiction after receiving notice of
the decision. The decision granting or denying the permit shall be effective on the date of
written notice issued by the City Transportation Division.
L. Street Banner and Hardware Standards:
1. Materials: Street banners must be constructed of a material that can withstand the
normal and reasonably expected forces of nature for the period of time they are
displayed. Torn or damaged street banners shall not be hung and shall be promptly
replaced by the applicant if they are torn or damaged after being hung.
2. Dimensions:
a. The street banners shall not exceed an overall length of 96 inches and a width of
30 inches. There shall be a six inch sleeve at the top of the street banner to slide
over the bracket. The bottom shall have a two inch hem, and the sides shall have
a minimum hem of 0.75 inches. There shall be two grommets at the bottom of the
street banner. The graphic area shall not exceed 26 inches by 88 inches.
b. Promotional street banners may carry a sponsor's logo. The sponsor logo is
limited to the bottom 20% of the banner. Sponsor information shall not exceed 6
inches in height.
3. Banner Hanging Hardware: Any hardware installed on utility poles to hold banners
must first be approved by the City Transportation Division. All street banners and
hardware shall be installed such that the top of the street banner is at least 18 feet above
the ground. If the street banner hangs over the traffic way, the top of the banner must be
at least 22 feet above the ground. If the City does not own the utility pole or if the utility
pole is not on City property, installation must be approved by the pole owner.
M. Duration of Display: The street banners may be permitted to be in place for a period of at
least seven days but not more than 30 days. As long as no other applicant has applied for
permission to place street banners in the same location, that initial 30-day maximum display
period may be extended for additional periods of 30 days. Notwithstanding the foregoing,
the City may order that street banners be removed prior to the expiration of any permit
period, if such street banners are determined to constitute a safety hazard, blight, or
otherwise not meet the requirements of this section. The City reserves the right to remove
street banners after the display period expires. If the applicant does not remove the street
banners, the City may remove them and may charge the applicant for the cost of such
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removal.
N. Installation, Maintenance and Removal: Street banners and any hardware necessary to
display them may be installed only by a licensed contractor approved by the City. Except as
may be otherwise determined by the City, the applicant is responsible for all costs associated
with installation, maintenance, and removal of street banners and any hardware necessary to
display them. The applicant is also responsible for any damage that may occur to the street
banners, hardware, or utility poles while the street banners are being installed, displayed, or
removed. The applicant shall immediately replace, repair or clean, as applicable, damaged or
dirty street banners. At the expiration of the permit period, the applicant shall remove the
street banners within five (5)business days. After installation, any hardware installed on
utility poles shall become the property of the City and shall remain on the utility poles after
removal of the street banners unless the City Transportation Division instructs the applicant
to remove the hardware.
O. Local Street Banners: Nothing in this section shall apply to (1) holiday decorations (such as
lights, wreaths, garlands, or similar decorations) attached to utility poles, or(2)banners on
utility poles located on local streets as shown on the adopted "Salt Lake City Transportation
Master Plan(Major Street Plan: Roadway Functional Classification)" map that provide
information about localized community events such as block parties, street fairs, or
neighborhood celebrations and that contain no commercial content.
P. Effect of Invalidity: If any portion of this section is determined to be illegal, invalid,
unconstitutional, or superseded, in whole or in part, this entire section shall forthwith be
voided and terminated, subject to the following provisions: (1) in the event of a judicial,
regulatory, or administrative determination that all or some part of this section is illegal,
invalid, unconstitutional, or superseded, such action shall be effective as of the date of a final
appealable court order; and(2) in the event of any state or federal legislative action that
renders any portion of the section illegal, invalid, unconstitutional, or superseded, such
action shall be effective as of the effective date of such legislative action.
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SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah this 8 day of
August , 2006.
/�yr/
CHAIRPERSON
ATTEST:
HIEF DEPUTY TY RECORDER
Transmitted to Mayor on August 8, 2006 •
Mayor's Action: x Approved. Vetoed.
OR
ATTEST:
7�
CHIEF DEPUTY CI Y RECO ER ��� � 's
(SEAL) APPROVED AS TO MT,:
Salt City ,torneys L.•
Dace
Bill No. 60 of 2006.
Published: 9-11-06 S"
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