TO:
Honorable Mayor and Members of the City Council
THROUGH:
David N. Carmany, City Manager
FROM:
Richard Gill, Parks and Recreation Director
SUBJECT:Title
Introduction of Ordinance No. 13-0002 amending the City’s Municipal Code regarding banners and decorations in the Public Right Of Way and adoption of banner policy.
a) WAIVE FURTHER READING
b) INTRODUCE
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council introduce Ordinance No. 13-0002 amending the Manhattan Beach Municipal Code regarding banners and decorations in the public right of way, and adopt the attached policy.
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FISCAL IMPLICATIONS:
There is no fiscal impact on the City’s General Fund associated with the proposed ordinance and policy. All costs for the hanging of banners for non-City sponsored events are fully paid for by the organizations that are hanging the banners.
BACKGROUND:
In 1963, the City adopted Municipal Code Chapter 9.60 to regulate the placement of banners and other items in the City’s public right of way. The Chapter was amended several times with the last modification occurring in 1988. Chapter 9.60 (Attachment 1) states that it is unlawful to place or affix a banner in the City’s public right of way without obtaining a permit from the City Manager or his designee. The Chapter states that permits will only be issued to “non-profit organizations for the purpose of publicizing non-commercial ventures and events or commercial events of an area-wide or general community interest for the benefit of organizations or citizens of the City of Manhattan Beach (such as Hometown Fair, Downtown Business Association or North End Sales).”
Attachment 2 lists the City sponsored and outside organizations that hung banners in the City public right of way during 2012.
DISCUSSION:
Banners placed on street poles are an important medium for providing notice to Manhattan Beach residents, as well as those who work in and visit Manhattan Beach, about City-sponsored events, area-wide business promotional events, and recreational activities open to the public.
The City does not intend to create public fora on street poles or in the public right of way. The public right of way is not a traditional public forum and the City has never intended to open this property to use by others for communicative purposes. The proposed ordinance (Attachment 3) and policy (Attachment 5) will govern the type of privately-owned banners and decorations that may be affixed to street poles and displayed in the public right of way and the manner in which such items may be affixed. The ordinance and policy have been drafted to allow for banners that promote City-sponsored or co-sponsored events, community-wide economic development events, and community-wide recreational activities. Encouraging the physical well-being of City residents is a significant component of the City’s efforts to comply with the objectives and goals of the Vitality City initiative.
The proposed ordinance both updates the Chapter and expands the Chapter to allow pole banners. Since the original Ordinance was written in 1963 and amended in 1988, there have been changes regarding how municipalities regulate banners. The attached Ordinance and policy clarify the City’s rules for hanging banners in the City’s public right of way. Adopting these implementing administrative regulations will ensure that the City’s regulations are applied in a viewpoint-neutral manner and that the posting of banners and decorations will not result in signage clutter that distracts drivers or has a negative aesthetic impact.
The attached legislative digest (Attachment 4) shows the proposed amendment to Chapter 9.60.
CONCLUSION:
Staff recommends that City Council introduce Ordinance No. 13-0002 and adopt the attached policy.
Attachments:
1. Existing Manhattan Beach Municipal Code 9.60
2. Banner List of City Sponsored and Outside Organizations 2012
3. Proposed Ordinance No. 13-0002
4. Legislative Digest
5. Proposed Banner Policy