Chapter 19.32
BANNERS
Sections:
19.32.010 Definitions.
19.32.015 Purpose.
19.32.020 Permit required.
19.32.030 Application for permit.
19.32.035 Minimum requirements for all street banners.
19.32.040 Repealed.
19.32.050 Approved locations—Installing street banners.
19.32.060 Time limitation.
19.32.070 Removal—Cost responsibility.
19.32.080 Repealed.
19.32.090 Severability.
19.32.010 Definitions.
(a) “Horizontal street banner” means a sign consisting of fabric and containing a public service message or event announcement which is hung above or across a public right-of-way, including signs hung from bridges or overpasses over public right-of-way.
(b) “Vertical street banner” means a sign consisting of fabric and containing a public service message, an event announcement or approved decorative images, which is hung vertically in public right-of-way.
(c) “Director” means the director of parks and community services for the city of Kirkland.
(d) “Manager” means the department of public works streets and grounds manager.
(e) “Public right-of-way” or “right-of-way” means, for purposes of this chapter, any street right-of-way, including sidewalk or walkway, and the entire Cross Kirkland Corridor. (Ord. 4837 § 1, 2023; Ord. 4189 § 2 (part), 2009)
19.32.015 Purpose.
The purpose of street banners is to provide a non-public forum to allow for the display of messages from sponsoring organizations that the city chooses, consistent with the city’s official policies, priorities, and sentiments, to allow to be displayed, including public service messages and event announcements promoting events taking place within the city of Kirkland city limits. This chapter does not apply to banners displayed directly by the city without a sponsoring organization. (Ord. 4837 § 2, 2023; Ord. 4189 § 2 (part), 2009)
19.32.020 Permit required.
(a) The director and the manager or their designee(s) have discretion whether to approve or deny any street banner application and should evaluate applications to determine whether they are consistent with this chapter and with the city’s official policies, priorities, and sentiments. Street banner permits shall be issued only on approval of the application by the director and the manager or their designee(s).
(b) No person shall hang or cause to be hung any street banner on, from, above, or across a public right-of-way, except in conformance with the provisions of this chapter, nor without first obtaining a permit from the city of Kirkland.
(c) It is unlawful for any person to erect or maintain any street banner or decoration on, from, above, or across a public right-of-way except when authorized by a banner permit issued pursuant to a proper application and subject to the other conditions and regulations herein stated or by other written agreement with the city.
(d) This section shall not be construed to prohibit the unpermitted display of banners in any location in the unused right-of-way portion of an improved street that has been incorporated into the landscaping design of the abutting private property. (Ord. 4837 § 3, 2023; Ord. 4189 § 2 (part), 2009)
19.32.030 Application for permit.
(a) Applications to hang a street banner shall be accepted no more than six months prior to the proposed installation of the street banner.
(b) Permit applications along with applicable fees must be submitted at least thirty days in advance of requested installation and shall contain the following information:
(1) Date of event or dates relevant to the public service announcement;
(2) Name and purpose of event or public service announcement;
(3) Requested location for street banner(s);
(4) Detailed plan of proposed street banner showing its specifications (including size and materials of construction) and the draft proposed wording, colors, and/or artwork to be printed on the street banner; and
(5) Contact person, name, and phone number to be used in the event of a problem while an approved street banner is displayed. (Ord. 4837 § 4, 2023; Ord. 4189 § 2 (part), 2009)
19.32.035 Minimum requirements for all street banners.
(a) Street Banner Message.
(1) Street banner text shall reflect a public service message relevant to the Kirkland community or promote an event taking place in Kirkland.
(2) Vertical banners may display pre-approved decorative images or public art in lieu of public service message or event announcement.
(3) Banner message must be nonreligious and nonpolitical in nature. This does not prohibit a banner from including information identifying the sponsoring organization, even if that organization is considered religious or political.
(4) Banners must not advertise or promote the sale of any product, commodity, or service. This does not prohibit a banner from including information identifying the sponsoring organization, even if the organization is commercial, or from advertising or promoting a special event that charges fees for participation or entry or that involves commercial activity.
(b) Street banners must be consistent with the specifications and dimensions required by city policy.
(c) The following minimum requirements apply to all street banners:
(1) Artwork or lettering must be printed, drawn, or painted on both sides.
(2) Banners must be constructed of a good grade of canvas or similar material that will not stretch or distort out of shape.
(3) Banners must have a professional appearance and quality and are encouraged to be manufactured or produced by a banner company.
(d) The city reserves the right to reject banners that are not consistent with these requirements. (Ord. 4837 § 5, 2023; Ord. 4189 § 2 (part), 2009)
19.32.040 Qualified applicants.
Repealed by Ord. 4837. (Ord. 4189 § 2 (part), 2009)
19.32.050 Approved locations—Installing street banners.
(a) The manager will maintain a list of approved locations for hanging street banners. Approved locations visible from state highways must be consistent with applicable state regulations, including WAC 468-95-148 and Chapter 468-66 WAC.
(b) Any installations will be performed by the department of public works and will be done for the current billable rate for the public work crew/equipment and shall be payable in advance. (Ord. 4837 § 6, 2023; Ord. 4189 § 2 (part), 2009)
19.32.060 Time limitation.
(a) Street banners related to an event shall be hung no more than two weeks in advance of an event and shall be removed by the first business day following the event, or as soon as possible as determined by the manager. Street banners related to a public service announcement may be authorized for display for a duration relevant to the announcement as approved by the city, but typically for no more than a two-week period. Vertical street banners may be displayed for a reasonable duration as approved by the city.
(b) Street banners received late will be hung as workload allows.
(c) The city of Kirkland shall not be responsible for storing street banners beyond three days after the removal date(s). The applicant shall collect all banners and materials within three days after banners are taken down. Any banners not collected by the applicant on or after the fourth day from the take-down date will be recycled or disposed. (Ord. 4837 § 7, 2023; Ord. 4189 § 2 (part), 2009)
19.32.070 Removal—Cost responsibility.
Street banners hung from the right-of-way (e.g., bridges or overpasses) or hung over the right-of-way without prior written approval by the director and manager, or their designee(s), will be removed by the city and the responsible party shall reimburse the city for the cost of having the banner removed at the current billable rate for the public works crew/equipment. The responsible party will be responsible for the cost to repair any damage to city-owned property that may result from the installation, attachment, hanging or suspension of the banner. (Ord. 4837 § 8, 2023; Ord. 4189 § 2 (part), 2009)
19.32.080 Grants.
Repealed by Ord. 4837. (Ord. 4189 § 2 (part), 2009)
19.32.090 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 4189 § 2 (part), 2009)