HomeMy WebLinkAboutORD 1268ORD 1268ÛyÁ åw @äÚyÿ Š kèô ORDINANCE NO. 1268
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK MODIFYING VARIOUS SECTIONS
OF THE BALDWIN PARK MUNICIPAL CODE PERTAINING
TO STREET BANNERS
WHEREAS, the City Council recognizes that freedom of speech is a right
protected by the First Amendment of the Constitution of the United States and the
Constitution of the State of California; and
WHEREAS, the City Council recognizes the government has the power to
preserve its property under its control for the use which is lawfully dedicated; and
WHEREAS, the purpose of this ordinance is to modify the non-public forum
within the City's right-of-way on City-owned property in which banners promoting special
events can be placed, subject to City approval on a limited basis; and
WHEREAS, the purpose behind modifying the City's current street banner
program is to accomplish the City's policy of promoting economic, cultural or other
special events which are significant to the City and that are sponsored or co-sponsored
by the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ORDAINS AS FOLLOWS:
Section 1. Section 97.145 of the Baldwin Park Municipal Code is amended in
its entirety to read as follows:
97.145 DEFINITIONS.
For the purposes of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
CITY SPONSORED EVENT. Any event supported and
sustained solely by the City, as determined by the City Council.
CITY CO-SPONSORED EVENT. Any event that is at least
fifty percent 50%) supported or sustained by the City in some
manner as determined by the City Council, including, but not limited
to, financially, by providing materials or services.
STREET BANNER. Any cloth, canvas or vinyl sign or banner
or other devise designed for use in or over a public street, alley, or
place, or any other public right-of-way, or any portion thereof, or
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from a light standard within the public right-of-way.
Section 2. Section 97.146 of the Baldwin Park Municipal Code is
amended in its entirety to read as follows
97.146 PERMIT REQUIRED; ELIGIBILITY.
A) No person shall erect, maintain, place, suspend,
attach or move any street banner for any purpose
whatsoever, in, along, over, on, above or across
any public street, alley or place or any other public
right-of-way, or any portion thereof, without first
obtaining a permit therefore in the manner
prescribed in this subchapter.
B)A permit required by subsection A), above, may
only be granted for street banners for a City
sponsored or City co-sponsored event, for which
the banners shall be approved by the City.
C) Notwithstanding any other provisions of this code,
a violation of this section shall be deemed to be a
misdemeanor.
Section 3. Section 97.147 of the Baldwin Park Municipal Code is
amended in its entirety to read as follows
97.147 APPLICATION; FEES
A)Any person or entity desiring to place or locate a
street banner for any purpose whatsoever, in,
along, over, on, above or across any public street,
alley or place or any other public right-of-way, or
portion thereof, shall file with the Director of Public
Works, an application therefore on the forms
prescribed by him/her, together with a filing and
processing fee, as required. The filing and
processing fee shall be as set forth by resolution of
the City Council.
B)A service fee shall be charged if the permittee
desires the City to install and remove the street
banner on the permittee's behalf. The service
charge shall be the actual cost to the City for
installing and removing the street banner, as
determined by the Director of Public Works.
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C)The filing, processing and service fees may be
waived i) in its entirety for a City sponsored event
and ii) by up to fifty percent 50%) for a City co-
sponsored event.
Section 4. Subsections A)(6) and A)(7) of Section 97.149 of the
Baldwin Park Municipal Code are amended in their entirety to read as
follows:
97.149 A) 6) No permit shall be issued for a
period of more than 180 consecutive calendar days.
97.149 A) 7) All banners authorized to be
installed by the permittee shall be so installed by a
contractor approved by the Director of Public Works.
Any damage to the public street, alley or place or any
other public right-of-way, or portion thereof, resulting
from the installing, displaying or removing of any street
banner shall be solely borne by the permittee and the
permittee's contractor.
Section 5. Section 97.155 is added to the Baldwin Park Municipal
Code to read as follows:
97.155 INSURANCE
For any City co-sponsored event for which a permit is
issued, one or more of the other co-sponsors shall be
required to provide and maintain liability insurance,
identifying the City as co-insured in an amount not less
than $1,000,000.
Section 6. Section 97.156 is added to the Baldwin Park Municipal
Code to read as follows:
97.156 RIGHT TO REMOVE
During the term of a permit for any street banner for a
City co-sponsored event and with at least one-week
notice, the City may require the removal of, or remove
at each co-sponsor's expense, any street banner
installed for a City co-sponsored event in order for the
City to install and display any street banner for a City
sponsored event. Any street banner removed
pursuant to this section may be reinstalled by any co-
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sponsor and displayed for the number of days
remaining on the original permit subject to the
conditions of this subchapter and that permit.
Section 7. That the City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of the same to be published in a manner
prescribed by law.
APPROVED, and ADOPTED this 7th day of September 2005.
MAN 1r10
M O
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk, of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance 1268 was introduced at a regular
meeting of the City Council held August 17, 2005 and was adopted by the City Council
at its regular meeting held on September 7, 2005, by the following vote of the Council:
AYES: COUNCILMEMBERS: Marlen Garcia, David Olivas, Bill Van Cleave,
Mayor Pro Tern Pacheco and Mayor Manuel
Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ROSEMARY M. RAMIREZ, CMC
CHIEF DEPUTY CITY CLERK
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