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2013-17 BILL NO. 2013-17 AN ORDINANCE RELATING TO STREET LIGHT BANNERS; AMENDING CHAPTER 8 OF THE RICHFIELD CITY CODE BY ADDING A NEW SECTION 855 THE CITY OF RICHFIELD DOES ORDAIN: Chapter 8, Section 855 is added to read as follows: SECTION 855. STREET LIGHT BANNERS 855.01. Purpose and criteria. The purpose of the following is to regulate the placement, type, appearance, and servicing of banners within public rights-of-way so as to: • Aid in the promotion of cultural and civic events. • Promote the city and city-sponsored programs. • Identify business districts within the city. • Complement the city's beautification efforts. • Control visual distractions to traffic and directional signage. • Provide a unified and consistent appearance to city streets. 855.03. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Subdivision 1. Street Light Banner. Any rigid or flexible material containing a static message directed at the public, either by means of a symbol, graphic design or text attached to poles in the public right-of-way. Any flag, bunting, swag, ribbon, ornament, trimming, lights or other embellishments. Street light banners include both decorative and event-oriented banners. Subd. 2. Public right-of-way. "Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162, subdivision 3. Subd. 3. Public works department. Public Works Department means the public works department, or the public works department's designee. Subd. 4. Supporting hardware. Any bracket, wire, clamp, collar or other manufactured product necessary to attach, hold or fix in place a street light banner. Any electrical or mechanical device ancillary to a street light banner. Subd. 5. District. Any area defined by a planning study area or an established redevelopment district. Subd. 6. City Manager. City Manager means the City Manager, or the City Manager's designee. 855.05. Permit required;procedure, conditions. Subdivision 1. Permit Required. Any person or agency desiring to have a street light banner and supporting hardware installed over any public right-of-way or city-owned property must first obtain a permit approved by the City Manager. Subd. 2. Process. An application shall be submitted on a form prepared by the Public Works Department and shall contain, but not be limited to, the following information: (a) The name, address and telephone number of the person making the application and payment and to whom the permit will be issued; (b) The district or event to which the banners apply; (c) A color, graphic sample of the street light banner; (d) The specific dimensions and material of the street light banner; (e) A detailed map depicting the proposed specific location of each installation located in a consistent manner throughout the district; (f) The specific requested installation and removal dates for the street light banners. Subd. 3. Conditions. All street light banners and permits are subject to the following conditions: (a) All Street Light Banners 1. Permittees must supply the banners; 2. Permittees are responsible for paying the cost of installation and removal; 3. A nonrefundable application fee shall be charged in accordance with a schedule established by the City Council; 4. All street light banners, together with any supporting hardware, shall be installed and removed only by the Public Works Department; 5. All street light banners will be taken down within five (5) days after the date of the expiration of such permit; 6. If the permit is denied by the City Manager, the person or agency desiring to install the street light banner(s) may petition the Council by appealing through the City Manager; 7. All street light banners must be two-sided. (b) Decorative Street Light Banners 1. There is an annual renewal fee (fees schedule in Appendix D) for decorative street light banners. 2. The permittee is also required to supply the City with replacement banners within 30 days of notification of damage or fading, or risk removal of all banners at the permittee's expense. (c) Event Street Light Banners 1. Event banners may be installed no earlier than two weeks prior to the event 2. If the event is an annual event and the content and placement of the banners has not changed, then only a renewal permit and any replacement banners are required. 855.07. Decorative Street Light Banner Content. Decorative street light banners are subject to the following requirements: Subdivision 1. Decorative street light banners may identify a historical location, a place of public interest benefiting the city, or to promote arts and culture. Subd. 2. Decorative street light banners shall not be used to advertise specific businesses, products, or services. Subd. 3. Decorative street light banners shall not be used to advertise or promote political candidates, parties, issues, or messages. 855.08. Event Street Light Banner Content. Event street light banners are subject to the following requirements: Subdivision 1. Event street light banners must identify an event of public interest taking place within or benefiting the city. Event street light banners may include a logo, name or symbol of the sponsoring agency, provided that no more than 15% of the banner area is utilized for such purpose. Subd. 2. Decorative street light banners shall not be used to advertise specific businesses, products, or services. Subd. 3. Event street light banners shall not be used to advertise or promote political candidates, parties, issues, or messages. 855.09. Clearance required. No street light banner or supporting hardware shall be installed unless they shall have a clearance over and above the right-of-way as shall be designated and required by the Public Works Department with due regard to public safety, surrounding circumstances, and physical conditions of the area. 855.10. Banner Maintenance. The City reserves the right to remove street light banners because of construction, fading, damage, or any other practical reason, at the permittee's expense. 855.11. Permanent supporting hardware. Wherever any supporting hardware (not including electrical wires or fixtures) are installed that are intended to be kept and maintained as permanent. The Public Works Department, if at any time in their judgment, may require them to be removed or repaired. 855.13. Street Light Banner Dimensions. Street light banner dimensions must be uniform within the district and will be based on the location of the banner and the wind load limits for the type of street light. However, the dimensions may not exceed 16.25 square feet. 855.15. Revocation of permit. Any violation of this Section shall be grounds for the revocation of any permits granted, and any person violating the provisions of this Section may be denied any future permits for the purposes set out in this Section. 855.17. Violations a nuisance. Any street light banner or supporting hardware erected or maintained contrary to the provisions of this Section is declared to be a public nuisance, and any duly authorized city employee may remove or abate the same without any other warrant or authority other than this Section. 855.19. Severability. In the event that any subsection, subdivision, or clause of this Section is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, the decision shall in no manner affect the remaining portions of this Section, which shall remain in full force and effect. This ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Adopted this 10th day of September, 2013. By: id4L_ ,1/ Debbie Goettel, Mayor ATTEST: Nancy Gibbs,6y Clerk AFFIDAVIT OF PUBLICATION City of Richfield STATE OF MINNESOTA (Official Publication) )ss SUMMARY PUBLICATION COUNTY OF HENNEPIN ) BILL NO.2013-17 AN ORDINANCE AMENDING CHAPTER 8 OF THE CODE Jeremy Bradfield being duly sworn on an OF ORDINANCES BY ADDING oath, states or affirms that they are the A NEW SECTION 855 RELAT ING TO THE REGULATION OF Authorized Agent of the newspaper(s)known STREET LIGHT BANNERS as: On September 10,the Richfield City Council adopted an ordinance desig- SC Richfield nated as Bill No.2013-17,the title of which is stated above.This summary of the ordinance is published pursu- and has full knowledge of the facts stated ant t C o Rc g City haer.Section rt The 3.12 purpose of the of i the orhfield- below: dinance is to regulate the placement, (A The newspaper has com lied with all of type, appearance, and servicing of ) p street light banners within public the requirements constituting qualifica- rights-of way. Copies of the ordi- tion as a qualified newspaper as provided nance are available for public inspec- q p tion in the office of the City Clerk dur- by Minn. Stat. §331A.02, §331A.07, and ing normal business hours or upon other applicable laws as amended. request by calling 612-861-9790 of pp the Public Works Department. (B)This Public Notice was printed and pub-/s/Nancy Gibbs, lished in said newspaper(s) once each City Clerk week, for 1 successive week(s); the first 09n9i13 Bill 201 3-1 7 insertion being on 09/19/2013 and the last insertion being on 09/19/2013. By: c/ilg Authorized Agent Subscribed and sworn to or affirmed before me on 09/19/2013. / Notary Public JULIA I. HELKENN NOTARY PUBIJC-MINNESOTA My Comm.Exp.Jan.31,2015 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 23716