Chapter 8.30
STREET AND BUILDING DECORATIONS

Sections:

8.30.010    Definitions.

8.30.015    Purpose.

8.30.020    Compliance with chapter.

8.30.030    Street pole light standards reserved for exclusive city use—Location.

8.30.040    Qualified applicants.

8.30.050    Street banners—Community events—Exceptions.

8.30.060    Permit.

8.30.070    Application for permit—Fee.

8.30.080    Conditions of permit.

8.30.090    Licensed installer—Proof of insurance—Hold harmless.

8.30.100    Applicability of chapter.

8.30.110    Severability.

8.30.010 Definitions.

(a)    “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.

(b)    “Vertical banner” means a street banner, 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)    “Manager” means the economic development manager of the city of Yakima.

(d)    “City manager” means the city manager of the city of Yakima.

(e)    “Installer” means a person or entity who physically hangs the street banner over the public right-of-way and who has the required skill and equipment to properly and safely hang the street banner, and who is licensed to perform such installation pursuant to Chapter 11.08 YMC.

(f)    “Grommet” means a protective eyelet in a street banner that prevents damage to the material.

(g)    “Decorative material” means any material that is ornamental and not required for the functionality of the item upon which the material is placed. Decorative material includes, but is not limited to, fabric, streamers, vines, branches or other greenery used for a decorative purpose, streamers, or material used to embellish a sign that does not lie flush with the sign itself, or exceeds the sign’s dimensions.

(h)    “Decorative purposes” means for the purpose of decoration, rather than advertising or promoting an activity or event or a public service message. Examples of decorative purposes are lights and decorations for various holidays, or the installation of vines, plants or other items to commemorate the changing of the seasons. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.015 Purpose.

The purpose of this chapter is to ensure the aesthetic character, and to promote the public health, safety and general welfare. This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city’s appearance, to prevent and abate public nuisance, and promote community-wide opportunities and activities within the city.

Further, except as otherwise provided in YMC 8.30.040, the purpose of street banners is to allow for the display of public service messages provided to the public by the city and event announcements promoting events taking place within the city of Yakima city limits, put on by nonprofit or other charitable organizations. Banner space above the streets in downtown Yakima, the locations of which are listed herein, has been opened up by the city of Yakima as a limited public forum and the use of that banner space is regulated in this chapter.

Nothing in this chapter precludes the city from utilizing the banner space for its own promotion or decorative purposes or for governmental speech. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.020 Compliance with chapter.

A.    General. 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 signs, banners, vertical banners, or other decorative material, for advertising or decorative purposes, in any location other than where city-approved poles/wires exist as described in subsection B of this section, and without first complying with the terms of this chapter.

B.    Street Banner Locations. The following locations have approved poles and supporting wires for street banners, and are the only locations within the city authorized for display of street banners:

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;

West Yakima Avenue and 7th Avenue.

(Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.030 Street pole light standards reserved for exclusive city use—Location.

Street pole light standards with individual flag brackets for vertical banners within and along Yakima Avenue and Front Street are reserved for the exclusive use of the city for the promotion of civic events and decorative material, or other purposes as deemed appropriate by the city. No permits shall be issued to any third party for placement of signs, vertical banners or decorative material upon such standards. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.040 Qualified applicants.

Applications will only be accepted from organizations meeting one of the following category criteria:

A.    Nonprofit Organization. A qualified nonprofit organization must meet the following criteria:

(1)    A city of Yakima-based organization; and

(2)    A nonprofit organization, having obtained IRS certification as tax exempt; and

(3)    The event must be a community event as defined in YMC 8.30.050.

B.    Community Event Sponsor. A qualified community event sponsor must meet the following category criteria:

(1)    A city of Yakima-based organization; and

(2)    The event is a recreational, educational, entertainment or charitable event in which the entire community is invited and may participate; and

(3)    The event must be a community event as defined in YMC 8.30.050.

C.    City-Sponsored Event. For the purposes of this chapter, “city-sponsored” means an organization which meets one or more of the following criteria:

(1)    The organization is the city of Yakima, or one of its departments or divisions;

(2)    The organization has an intergovernmental relationship with the city of Yakima;

(3)    The organization is funded in whole or part by the city of Yakima; or

(4)    The city of Yakima is a member of the applying organization.

(5)    The event must be a community event as defined in YMC 8.30.050. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.050 Street banners—Community events—Exceptions.

A.    Community Events. Except as otherwise set forth below, banners shall be used only to advertise community events within the city of Yakima, and not for the advertising of the organization or its products. No requests shall be approved for banners advertising the following types of events:

1.    Commercial product sales or events;

2.    Political events;

3.    Religious events.

“Community events” include recreational, entertainment, educational, charitable or like events intended and held for the benefit of the entire community, and which are open to participation by the entire community. Churches may be nonprofit organizations eligible for community event banners so long as the community event is not a religious event or service promoting or promulgating any religious belief, creed, tenet or denomination. Banners for fundraising events sponsored by churches and other nonprofit organizations may be permitted so long as they are for the advertisement of community events and not advertising of the organization or its products, nor for religious or political events, nor for commercial product sales or events.

B.    Commercial Sponsorship. A banner may include a portion acknowledging a commercial sponsor of the banner or the community event. Such acknowledgement may contain a representation of the sponsor’s logo, but such acknowledgement or logo shall not comprise the primary message of the banner. The city reserves the right to approve, modify or reject the content of each banner, including but not limited to placement and size of sponsorship acknowledgements and logos. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.060 Permit.

Permits for the installation of street banners, vertical banners and/or decorative material shall be issued only when permission therefor has been granted as hereinafter set forth. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.070 Application for permit—Fee.

A.    Application to Be Submitted by Licensed Installer. Applications to hang a street banner or vertical banner shall be accepted only from licensed installers on behalf of qualified applicants.

B.    Time for Submission of Application. Permit applications shall not be accepted more than six months prior to the proposed installation of the street banner. Permit applications, along with applicable fees, must be submitted at least thirty days in advance of installation.

C.    Application. The permit application shall be in writing and shall contain the following information:

(1)    Date(s) of event;

(2)    Name and purpose of event;

(3)    Date of installation of banner, and date of removal;

(4)    Proposed location for banner;

(5)    All applications must include draft artwork, sample specification and message to be printed on the street banner or vertical banner, together with any acknowledgement of sponsors and/or sponsors’ logos;

(6)    Copy of IRS tax-exempt certificate, if applicable;

(7)    Contact person, name and phone number to be used in the event of a problem;

(8)    Name, address and contact information of licensed installer; and

(9)    Any other information deemed necessary and appropriate by the economic development manager.

D.    Review of Application. Upon the receipt of said application, the economic development manager shall review such application for compliance with the provisions of this chapter, and whether the installation of said banner will be likely to constitute a hazard to the safety of the inhabitants of the city of Yakima or to property rights.

If, in the exercise of his judgment and discretion, the economic development manager determines, in consultation with the code administration manager, that the proposed banner is compliant with the provisions of this chapter and that installation thereof, as contemplated, could be made and thereafter maintained with reasonable safety, the economic development manager may order a permit to be issued therefor upon payment to the city of the applicable license fee.

The economic development manager may approve, deny or require modification of the proposed banner to meet the requirements of this chapter.

E.    Fees. A weekly permit fee of one hundred dollars each for banners located on Yakima Avenue and fifty dollars each for banners located on North Front Street and/or East A Street must accompany the application for permit. A two-week permit fee of two hundred dollars each for banners located on Yakima Avenue, and one hundred dollars each for banners located on North Front Street and/or East A Street, must accompany the application for permit. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.080 Conditions of permit.

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. They shall not contain any decorative materials.

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 maximum period of two weeks. Requests for permit extensions will be considered by the economic development manager, or his or her 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. Banners not removed will be removed by the city and any costs associated therewith shall be paid by the permit holder. Banners removed by the city will be retained for ten business days, after which they will be discarded. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.090 Licensed installer—Proof of insurance—Hold harmless.

A.    Before any permit shall be issued to a licensed sign installer for the installation of outdoor banners, and as a prerequisite thereto, the licensed sign installer shall provide the city with proof of licensing under Chapter 11.08 YMC and a certificate of insurance as proof of commercial general liability insurance as required by YMC 11.08.140.

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

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) ss.

County of Yakima

)

_______________ (Name of Applicant), first being duly sworn on oath deposes and says:

I am the applicant or lawful agent of an applicant for a banner permit authorized pursuant to Chapter 8.30 of the City of Yakima Municipal Code. I know and understand the risks inherent in installing banners 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 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. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.100 Applicability of chapter.

The provisions of this chapter shall not be construed as modifying or amending, in any way, the provisions of Chapter 11.16. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).

8.30.110 Severability.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 2017-014 § 1 (part), 2017: Ord. 2012-60 § 1 (Exh. A) (part), 2012).