Chapter 10.32
STREET AND BUILDING DECORATIONS
Sections:
10.32.010 Compliance with chapter.
10.32.020 Permit—Bond.
10.32.030 Liability insurance required.
10.32.040 Application for permit—Fee.
10.32.050 Applicability of chapter.
10.32.010 Compliance with chapter.
It is unlawful for any person, firm or corporation to erect, construct, place, attach to, or in any way suspend from any building, light standard, support wires or trolley or telephone wires in a city right-of-way any banners or other decorative material, for advertising or decorative purposes, in any location other than where city-approved poles/wires exist similar to those in the vicinity of East Yakima Avenue and Naches Avenue, East Yakima Avenue and North 1st Street, East Yakima Avenue and North Front Street, North 1st Street and East A Street and/or West Yakima Avenue and 7th Avenue, and without first complying with the terms of this chapter. (Ord. 2008-02 § 1, 2008: Ord. B-34 § 1, 1932).
10.32.020 Permit—Bond.
Permits for the installation of banners and/or decorative material, as described in YMC 10.32.010, shall be issued only when permission therefor has been granted as hereinafter set forth. (Ord. 2008-02 § 2, 2008: Ord. B-34 § 2, 1932).
10.32.030 Liability insurance required.
A. Before any permit shall be issued to a licensed sign installation company for the installation of outdoor banners or other decorative material for advertising or for decorations, and as a prerequisite thereto, the licensed sign installation company shall provide the city with a certificate of insurance as proof of commercial general liability insurance in the amount of one million dollars combined single limit bodily injury and property damage and two million dollars aggregate that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of the permit. The certificate of liability insurance policy shall name the city of Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel the insurance without first giving the city thirty calendar days’ prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best’s Guide and admitted in the state of Washington. If the city is damaged by the failure of the licensed sign installation company to maintain the above insurance or to so notify the city, then the licensed sign installation company shall bear all costs attributable thereto. An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the permit issued to the licensed sign installation company until a new insurance policy or reinstatement notice has been filed and approved as provided in this section. As a further condition of the issuance of the permit, the licensed sign installation company shall defend, indemnify, and hold harmless the city, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney’s fees and court costs, arising out of, relating to, or resulting from the licensed sign installation company’s performance or nonperformance of its work relating to signs, including but not limited to the erection, servicing, maintaining and/or removing of a sign or signs in the city of Yakima. The licensed sign installation company also shall comply with all provisions of YMC 11.08.140, entitled “Liability insurance required.”
B. No permit shall be issued pursuant to this chapter until the applicant has executed an agreement whereby the applicant agrees to defend, indemnify and hold harmless the city of Yakima and any of its officers, agents and employees from any and all liability resulting from the granting of said permit. This agreement shall be in substantially the following form:
HOLD HARMLESS AGREEMENT
State of Washington )
) ss.
County of Yakima )
___________________, first being duly sworn
(name of applicant)
on oath deposes and says:
I am the applicant or lawful agent of an applicant for a banner permit authorized pursuant to Chapter 10.32 of the City of Yakima Municipal Code. I know and understand the risks inherent in installing banners and/or decorations that include, but are not limited to: obstruction to traffic, collision with obstructions and contact with high voltage lines. I understand that in granting to me the aforementioned permit, the City may become liable to others because of the risks in the installation of banner and/or decorative materials including but not limited to, those risks mentioned herein. In consideration for granting the aforementioned permit, I agree to defend, indemnify and hold harmless the City of Yakima, its officers, agents and employees against any and all claims or liability based on or arising from the granting of the aforementioned permit.
________________________________________
(authorized representative of licensed sign company/installer)
State of Washington )
County of Yakima )
On this _____ day of ______________, 20___, before me personally appeared _______________, whose identity was proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same.
________________________________________
Notary Public in and for the State of Washington,
Residing at _______________________
My commission expires ___________________.
(Ord. 2009-21 § 1, 2009; Ord. 2008-02 § 3, 2008: Ord. B-34 § 3, 1932).
10.32.040 Application for permit—Fee.
Before any permit, as herein referred to, shall be issued, application therefor must be made by a licensed sign installation company as outlined in YMC Chapter 11.08. The application shall be made in writing, shall clearly describe the banner and/or decorations contemplated, the placement and removal date for the banners and/or decorations, the places where the same are intended to be installed and the manner of placing and locating thereof. Upon the receipt of said application, the code administration and planning manager shall determine whether or not the installation of said banner and/or decorations will be likely to constitute a hazard to the safety of the inhabitants of the city of Yakima and to property rights; and if, in the exercise of his judgment and discretion, he shall determine that the installation thereof, as contemplated, could be made and thereafter maintained with reasonable safety, the code administration and planning manager shall order a permit to be issued therefor upon payment to the office of code administration and planning of a license fee of fifty dollars each for banners and decorative material located on Yakima Avenue and twenty-five dollars each for banners and decorative material located on North Front Street and/or East A Street.
No banner permit application shall be approved, nor a permit issued, to other than a contractor who has been issued a certificate of registration by the Washington State Department of Licenses pursuant to Chapter 18.27 of the Revised Code of Washington.
The size of the banner(s) shall be four feet in height and a maximum of forty feet in width with a minimum of twenty percent of the banner area having air passage vents provided.
The banner(s) shall be made from durable lightweight material meeting banner manufacturer’s standards and designed to withstand wind speeds of eighty miles per hour.
Connections to city support cables shall be made with sufficient number and size of fasteners to safely support the weight of the banner, including wind loading. Grommets shall be provided in the banner material at each attachment point.
Lines shall be provided at corners of banners to position and maintain banner deployment. Lines shall be securely fastened to strain pole cable brackets with mechanical fasteners such as steel carabiners or similar devices.
Banner permits shall be valid for a period of two weeks. Requests for permit extensions will be considered by the director of community and economic development, or his designee, based on other requests for banner placement that are pending/approved.
Banners must be removed no later than three days after the permit expiration date. (Ord. 2008-02 § 4, 2008: Ord. B-34 § 4, 1932).
10.32.050 Applicability of chapter.
The provisions of this chapter shall not be construed to be applicable to street decorations where a lighting system is used in connection therewith and shall not be construed as modifying or amending, in any way, the provisions of Chapter 11.16. (Ord. 11-34 § 5, 1932).