CHAPTER VI – PUBLIC WORKS AND PROPERTY

ARTICLE 2 – STREETS AND SIDEWALKS

SEC. 62.132. STREET BANNERS

 

SEC. 62.132. STREET BANNERS.

(Added by Ord. No. 86,614, Eff. 7/31/42.)

(a) Definitions.

1. "Street Banner".

Any pennant, streamer, flag, sign, picture, figure or other object, regardless of the material of which it is made, which is suspended or otherwise displayed over any public street, way or place, designed for decoration or advertisement, or to attract the attention of passersby; except, however, official warning devices, public service facilities, street lights and the like. The term shall not include signs, the installation and maintenance of which is regulated by Article 1, Chapter 9 of the Code. (Amended by Ord. No. 89,977, Eff. 1/28/46.)

    2. "Each Installation".

Each wire or rope from which one or more street banner are suspended shall be deemed to be one "installation". Multiple banners suspended from a single pole shall also be deemed one installation, provided that the multiple banners comply with all other laws, rules and regulations covering street banners. (Amended by Ord. No. 172,899, Eff. 12/23/99.)

3. "Community Event".

Shall be defined as an event, or a series of related events involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles which promotes civic pride in a local community within the City of Los Angeles or the City of Los Angeles as a whole, and which is not a purely commercial enterprise and where the proceeds, if any, will directly benefit either a charitable or non-profit organization. (Added by Ord. No. 172,899, Eff. 12/23/99.)

4. "Charitable Event".

Shall be defined as an event, or a series of related events involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles and where the proceeds, if any, will directly benefit a charitable organization which maintains its charitable status pursuant to Internal Revenue Code Sec. 501(C) (3). (Added by Ord. No. 172,899, Eff. 12/23/99.)

5. "Non-Profit Event".

Shall be defined as an event, or series of related events involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles which is sponsored by an organization which is incorporated or otherwise organized as a non-profit organization pursuant to the laws of the State of California or the United States and where the proceeds, if any, will directly benefit either a charitable or non-profit organization. (Added by Ord. No. 172,899, Eff. 12/23/99.)

6. "City of Los Angeles Event".

Shall be defined as an event, or series of related events involving a subject matter of interest to a significant portion of the residents of the City of Los Angeles which is also an event sponsored by the City of Los Angeles, any of its operating departments, boards, commissions or bureaus and which has been approved by the City Council. (Added by Ord. No. 172,899, Eff. 12/23/99.)

    7. "Citywide Event".

Shall be defined as an event or series of related events for which organizers will install in excess of 200 banners. (Added by Ord. No. 172,899, Eff. 12/23/99.)

8. "Non-Event".

Shall be defined as area or community identification, public service or civic announcement or recognition of the existence of the diverse neighborhoods throughout the City of Los Angeles. (Added by Ord. No. 172,899, Eff. 12/23/99.)

(b) Street Banners – General Prohibition. (New Subsec. (b) Added by Ord. No. 172,899, Eff. 12/23/99.)

No permit shall be issued for, and no person shall install, any street banner, provided that this absolute prohibition shall not apply to those street banners specifically exempted from the general prohibition as set forth in Subsection (c) below.

(c) Street Banners – Exemptions from General Prohibition. (New Subsec. (c) Added by Ord. No. 172,899, Eff. 12/23/99.)

  1. Nothing in the General Prohibition of Street Banners above shall prevent the City of Los Angeles from hanging, or authorizing a third party to hang on its behalf, street banners which announce a City of Los Angeles event. The City Council may also authorize the hanging of City of Los Angeles street banners, on behalf of a City department or City entity which do not announce a specific event but which are of a general civic nature, contain public service announcements or which contain wording recognizing the existence of the diverse neighborhoods throughout the City of Los Angeles.
  2. The City shall issue a permit authorizing the hanging of street banners which do not announce a specific event, but which are of a general civic nature, contain public service announcements or which contain wording recognizing the existence of the diverse neighborhoods throughout the City of Los Angeles when the request is from a non-profit or charitable entity, Council approved Business Improvement Districts or Regional Economic Development Collaborative.
  3. Nothing in the General Prohibition of Street Banners above shall prevent the City of Los Angeles from issuing a permit to hang street banners which announce either a Community event, a Charitable event or a Non-Profit event.

(d) Permit Required. (Former Subsec. (b) Redesignated Subsec. (d) by Ord. No. 172,899, Eff. 12/23/99.)

No person shall install or maintain any street banner without a permit therefor from the Board of Public Works. A separate permit shall be required for each banner design and location, but all street banners suspended in one city block, or in a number of contiguous city blocks, by one permittee, shall be deemed to be at the same location. Permits shall not be issued for light poles on streets where the adjoining land use in primarily single-family residential.

(e) Applications. (Former Subsec. (c) Redesignated Subsec. (e) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

Applications for permits shall be made jointly by the primary event sponsor and the commercial entity installing the banners upon forms prescribed by the Board. The application must include a clear replica of the proposed banner or banners, including any text on said banners, for each proposed installation and said application shall also include all other information required by the Board for the protection of public safety, welfare and property. One application may include any number of locations, provided that the applicant must submit replicas of all different names proposed to be installed pursuant to the single application.

(f) Application and Fee. (Former Subsec. (d) Redesignated Subsec. (f) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

Applications for permits shall be made by the commercial entity installing the street banners, with the name of the sponsor of the event, series of events or area identification program noted upon forms prescribed by the Board, setting forth a picture or other reasonable likeness of each proposed installation and other information required by the Board for the protection of public safety, welfare and property. One application may include any number of locations and each location shall include all usable light poles within a one block area, on one side of the street.

(1) Events.

Each application for street banners announcing a community, charitable or non-profit event(s) which includes recognition of a for-profit entity shall be accompanied by a non-refundable administrative fee and inspection fee for each installation proposed. Such fees shall be determined and adopted in the same manner as provided in Section 12.3711 of the Los Angeles Municipal Code for establishing fees. No fees may be waived. When the Community, Charitable, or Non-Profit event street banners do not recognize a for-profit entity, only a non-waivable administrative fee shall be imposed. For street banners announcing a City of Los Angeles event(s) no fees shall be imposed.

(2) Non-Event.

Each application on behalf of a charitable or non-profit organization or a City approved Business Improvement District (BID) or Regional Economic Development Collaborative (REDC) for non-event street banners which includes recognition of a for-profit entity, shall be accompanied by a non-refundable administrative fee and inspection fee for each installation proposed. Such fees shall be determined and adopted in the same manner as provided in Section 12.3711 of the Los Angeles Municipal Code for establishing fees. No fees may be waived. Where the non-event street banners are sponsored by a City approved BID, REDC or a Charitable or Non-Profit organization, and the non-event street banners do not recognize a for-profit entity, only a non-waivable administrative fee shall be imposed. For non-event, City of Los Angeles street banners no fees shall be imposed.

(3) All fees paid to the City of Los Angeles for street banner installations shall be deposited in the street banner trust fund, as established by ordinance. Said fees shall be used to fund the activities of the Board of Public Works directly related to the enforcement of the City’s laws, rules and regulations governing the placement of street banners within the City of Los Angeles. All monies collected in excess of the amount needed to fund the Public Works street banner enforcement activities shall be held in trust for the City Council, divided into 15 equal shares, or however many council districts shall exist during the fiscal year. Each Council District may access their portion of the fund to be expressly used for streetscape, street or sidewalk improvement or transportation related projects, including bus shelters or benches.

(g) Insurance Policy to be Posted. (Former Subsec. (e) Redesignated Subsec. (g) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

No permit shall be used hereunder unless the commercial entity installing the street banners has on file with the Board a satisfactory policy of insurance so conditioned as to insure the City, its officers and employees against any loss, cost, expense, injury, damage or liability incurred by reason of any personal injury or property damage sustained by any person, caused by or resulting from or which may be claimed to have been caused by or to have resulted from, the installation or maintenance of any street banner appurtenance installed under the permit, or from any failure to install or maintain any such street banner or appurtenance in the manner required by this ordinance or by rule, regulation or order of the Board, or from any dangerous or defective condition or nuisance created thereby or resulting therefrom. Furthermore, by the policy, the City, its officers and employees as named assures, must be insured against any property damage or personal injury resulting from any such cause.

In addition, the policy shall be so conditioned as to assure the ability of the applicant to respond in damages, in any action brought for personal injury or property damage sustained by any person, based upon any ground mentioned above.

The limit of liability upon any policy posted or maintained hereunder shall not be less than $500,000.

(h) Bond or Cash Deposit. (Former Subsec. (f) Redesignated Subsec. (h) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

No permit shall be issued hereunder unless in addition to the insurance policy herein above required, the applicant commercial entity installing street banners posts or has on file with the Board a surety bond or cash deposit so conditioned as to assure that the City shall be reimbursed for any expense that may be incurred by the Board in removing any street banner or appurtenance installed pursuant to the permit, in repairing damage to street lighting equipment resulting from the banner installation, or in otherwise enforcing any order, rule or relation of the Board. Upon the face of each application received, the Board shall indicate the amount of indemnity required upon each permit requested, which shall be at the reasonable discretion of the Board. The amount of the bond or cash deposit shall not be less than the amount so indicated. The unused portion of any cash, or other deposit shall be returned to the applicant.

The applicant commercial entity installing street banners shall be required as a condition to obtaining a permit, to indemnify and hold harmless the City, the Department, its officers and employees, from any liability resulting from the applicant’s use of the public property and shall execute the necessary agreements satisfactory to the City Attorney.

(i) Term Bond or Continuing Cash Deposit Acceptable. (Former Subsec. (g) Redesignated Subsec. (i) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

A separate bond or cash deposit may be posted in connection with each particular, but in lieu thereof, the Board may accept a term bond or a continuing cash deposit conditioned to cover all permits which may be issued to any one applicant commercial entity installing street banners during a specified period of not to exceed one year, provided, however, that when the total aggregate required indemnity on all permits requested by the applicant commercial street banner installation company is greater than the limit of liability on the term bond, or greater than the cash deposit maintained, no additional permits shall be issued to the applicant commercial street banner installation company until sufficient additional indemnity to cover the same is furnished.

(j) Permits – Issuance – Denial. (Former Subsec. (h) Redesignated Subsec. (j) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

Provided that any application for a permit to hang street banners meets the eligibility requirements of this ordinance, the Board shall issue, in whole or in part, a permit authorizing the installation of the requested street banners, as long as the required fees, bond, insurance policy and other protection prescribed above has been posted and approved and provided the installation of such banners will not damage public property, unreasonably interfere with its proper use, or endanger public safety or welfare, as determined by the Board of Public Works.

(k) Permit – Duration. (Former Subsec. (i) Redesignated Subsec. (k) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

(1) Single Event.

The term of each permit shall be specified on the permit by the Board. The Term of the permit for street banners announcing a single event shall not exceed 30 days. A permit may be renewed or extended for up to two additional 30 day terms. A permit may not be renewed or extended at any of the 30 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. Under no circumstances shall a street banner announcing a single event installed pursuant to a permit issued pursuant to this code remain on the City’s light standards for more than 90 days in a 12 month period.

(2) Series of Events.

The term of each permit shall be specified on the permit by the Board. The term of the initial permit for street banners announcing a series of events shall not exceed 60 days. An initial permit may be renewed or extended for one additional 30 day term. After 90 days, pursuant to an initial permit with two renewals, a second permit application may be submitted for a term of 30 days to maintain the already installed street banners. The second permit may be renewed for up to two additional 30 day terms. A permit may not be renewed or extended at any of the 30 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee. Under no circumstances shall a street banner announcing a series of events installed pursuant to a permit issued pursuant to this code remain on the City’s light standards for more than 180 days in a 12 month period.

(3) Non-Event.

The term of each permit shall be specified on the permit by the Board. The term of the initial permit for non-event street banners shall not exceed 90 days. An initial permit may be renewed or extended for up to three additional 90 days terms. A permit may not be renewed or extended at any of the 90 day intervals when the City has on file, at the time of the requested extension, a permit application from a different entity seeking a permit for the same light poles occupied by the entity seeking the permit extension. The entity seeking the permit extension may request different light poles, if available, in instances where the original light poles are used by a new permittee.

(l) Permits – Location of Street Banners Announcing an Event or Series of Events. (Former Subsec. (j) Redesignated Subsec. (l) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

All street banners announcing an event or series of events must be placed on all usable streetlight poles on one City block. Any permit to hang street banners announcing an event or series of events pursuant to this code shall be deemed a "City-Wide" permit request if the number of light poles involved is 200 or more. If a permittee requests 200 or more light poles, the party requesting the permit may place a maximum of 50 street banners in the vicinity of the event venue and must place the remaining street banners equally in all Council Districts.

(m) Permits – Revocation. (Former Subsec. (k) Redesignated Subsec. (m) by Ord. No. 172,899, Eff. 12/23/99.)

Permits may be revoked by the Board in whole or in part on one or more of the following grounds:

    1. The maintenance of any street banner endangers public welfare, safety or property;
    2. Failure or refusal to observe any provision of this section or any rule promulgated by the Board pursuant to authority granted by this section; or
    3. A material misrepresentation in the application.

(n) Removal of Street Banner. (Former Subsec. (l) Redesignated Subsec. (n) and Amended Ord. No. 172,899, 12/23/99.)

Upon expiration of any permit, any street banner covered thereby must be removed by the permittee with 72 hours of the date of expiration unless a renewal or written extension is granted by the Board. Any street banner not so removed may be removed by the Board without notice to the permittee. Upon whole or partial revocation of any permit, all street banners covered thereby must be removed on the same date of revocation unless a renewal or written extension is granted by the Board. Any street banner not so removed shall, upon reasonable notice to the permittee, be removed by the Board. Where any street banner presents an immediate threat of harm to the public, health, welfare or safety, the Board shall summarily cause its removal.

The costs of all Board removals shall be collected by the Board from the permittee or from his surety.

(o) Installation and Maintenance of Street Banners. (Former Subsec. (m) Redesignated Subsec. (o) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

Every street banner must be installed and maintained so as to be safe at all times; it must not include a print size for any text smaller than that adopted by the Board of Public Works in its rules and regulations; it must not obstruct the clear view of traffic signals by pedestrians or operators of bicycles, motor bikes, cars, trucks or any other type of vehicle or mode of transportation; it must have a minimum clearance of 22 feet over rails used by freight cars, of 16 feet above roadways. The Board may prescribe other needed clearance requirements.

(p) Rules and Regulations. (Former Subsec. (p) Deleted by Ord. No. 172,899, Eff. 12/23/99 and Former Subsec. (n) is Redesignated as a New Subsec. (p) by Ord. No. 172,899, Eff. 12/23/99.)

Consistent with this section, the Board may adopt rules or regulations to administer the installation, maintenance and removal of street banners including rules or regulations pertaining to their location, size, suspension and construction. The Board may adopt any other rule or regulation for the protection of public safety, welfare or property. (Amended by Ord. No. 153,946, Eff.7/19/80.)

(q) Commercial Content on Street Banners. (Former Subsec. (o) Redesignated Subsec. (q) and Amended by Ord. No. 172,899, Eff. 12/23/99.)

Nothing in the general prohibition on street banners shall prevent a for-profit entity from receiving recognition on the street banners announcing an otherwise allowable Community, Charitable or Non-Profit event, or on permitted non-event street banners, provided that the recognition of the for-profit sponsorship shall be limited to the name and/or logo on one for-profit sponsoring entity per street banner and the size of said name or logo shall be limited to less than 20% of the total area of the street banner. The City of Los Angeles may defray the cost of City of Los Angeles organized and administered events, and the cost of non-event street banners by allowing for-profit entities to co-sponsor City organized and administered events and non-event street banners, provided that the recognition of the for-profit entity’s co-sponsorship of City events, or non-event street banners is limited to the same size and content as for allowable Community, Charitable, or Non-Profit events or permitted non-event street banners.

(r) (Former Subsec. (q) Redesignated Subsec. (r) by Ord. No. 172,899, Eff. 12/23/99.)

The provisions of Article 7, Chapter 6, prohibiting certain outdoor advertising structures, post signs and advertising statuary adjacent to freeways, and establishing the procedure for the consideration and issuance of permits for such structures, signs and statuary, shall also apply in the same manner and degree to "Street Banner".

(s) Street Banners – City Ownership after 30 days. (Added by Ord. No. 172,899, Eff. 12/23/99.)

Up to 3% of the street banners included in any permit application and hung in the City of Los Angeles for more than 30 days may become the property of the City of Los Angeles, if a permittee is notified, at least three days prior to the expiration of the permit, that the City wishes to take possession of the street banners once they are removed from the City’s poles by the permittee. If so notified, the permittee shall return the banners to the City once they are removed from the City’s poles. If the City fails to notify the permittee at least three days before the expiration of the permit that it wishes to take possession of the banners, the City shall forfeit its right of ownership over said banners.