CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT

Transcription

1 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: October 24, 2012 TO: Mayor and City Council Members VIA: Gus Vina, City Manager ~ FROM: Kathy Hollywood, City Clerk SUBJECT: Adoption of Ordinance entitled "An Ordinance of the City of Encinitas, California, Adding Chapter 15.10, Baners in Public Rights-of-Way, to the Encinitas Municipal Code." BACKGROUND: At the September 26,2012, meeting the Council considered draft language revising regulations related to the placement of banners in the public rights-of-way and heard public testimony. Subsequently, the Council directed the City Attorney to bring back an ordinance incorporating a revised version of the draft language for its consideration. At the October 10, 2012, meeting the Council introduced Ordinance (Attachment 1) amended as follows: 1) Section add the words "non-content based" before the word standards; and 2) Section remove the last sentence. The complete agenda report from October 10,2012, is attached to this staff report (Attachment 2). RECOMMENDATION: Adoption of Ordinance entitled "An Ordinance of the City of Encinitas, California, Adding Chapter 15.10, Banners in Public Rights-of-Way, to the Encinitas Municipal Code." ATTACHMENTS: 1. Ordinance Agenda Report dated October 10, /24/2012 ITEM #05 1

2 ATTACHMENT 1 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINTAS, CALIFORN, ADDING CHATER 15.10, BANNERS IN PUBLIC RIGHTS-OF-WAY, TO THE ENCINITAS MUNICIPAL CODE SECTION ONE: Chapter 15.10, Banners in Public Rights-of-Way, is hereby added to the Municipal Code as follows: SECTION TWO: SEE ATTACHMENT "A" This ordinance was introduced on October 10,2012. SECTION THREE: PASSED AND ADOPTED this following vote, to wit: day of,2012, by the AYES: NAYS: ABSTAI: ABSENT: Jerome Stocks, Encinitas Mayor ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance , which has been published pursuant to law. Kathy Hollywood, City Clerk /24/2012 ITEM #05 2

3 ATTACHMENT "A" to Ordinance Chapter BANNERS IN PUBLIC RIGHTS-OF-WAY Purpose and Forum Designation. The City's banner program is a limited forum intended to be used consistent with the requirements identified in this Chapter. purposes and 15.10:020 Banners in Public Rights-of-Way-Permit Required. Banners in the public rights-of-way shall be authorized by a City permit issued pursuant to this chapter and subject to the "non-content based" standards established by the City and approved by the City Manager or designee which are on file with the City Clerk and available for public inspection. Said authorization shall be known as the 'City's Banner Program.' Promotion or Depiction Restrictions. Banners shall be for the exclusive purpose of promoting or depicting the following: A. authorized local civic events such as art festivals, athletic events, car shows and similar special events; B. promotional or celebratory depictions of or related to the City such as points of interest, attractions, and milestones; and C. promotions or depictions suitable for viewing by all ages Political Figures-Prohibited. Banners shall not promote nor depict the likeness of any political figure presently alive. The phrase 'political figure' for purposes of this section shall mean any former elected public official, present elected public official and current candidate for any elected public offce, in the County of San Diego. The phrase 'candidate' for purposes of this section shall mean any person who has publically expressed or demonstrated an intention to run for any public offce and/or filed the appropriate papers to do so with any government agency in the County of San Diego /24/2012 ITEM #05 3

4 Banner Dimensions, Location and Display Period. Banners shall not exceed 45 square feet in area and shall be located only on City approved structures. Banners shall be installed pursuant to City specifications. Banners may be displayed no more than 14 days prior to the start of the event and shall be removed within 3 days of the end of the event. Banners not related to a specific actual event shall not be displayed more than 90 days Cost Recovery (fees) related to the Banner Program Fees to recover City costs in reviewing applications for placing banners in the public rights-of-way shall be established by the City CounciL Termination of Banner Program by City-Reservation of Right. The City Council reserves the right to terminate the City's Banner Program at any time; provided, however, that any banner erected prior to said termination may remain in place for the duration of its authorization to do so." /24/2012 ITEM #05 4

5 ATTACHMENT 2 CITY OF ENCINITAS CITY COUNCIL AGENDA REPORT Meeting Date: October 10, 2012 TO: FROM: MAYOR AND CITY COUNCIL CITY ATTORNEY RE: CONSIDERATION OF AND POSSIBLE ACTION REGARDING A DRAFT ORDINANCE REVISI,NG REGULATIONS RELATED TO THE PLACEMENT OF BANNERS IN THE PUBLIC RIG HTS-OF-WAY At the September 26, 2012 Council meeting, the Council considered draft language revising regulations related to the placement of banners in the public rights-of-way and heard public testimony. Subsequently, the Council directed the City Attorney to bring back an ordinance incorporating a revised version of the draft language for its consideration. Attached is such a draft ordinance which would, if adopted, amend the existing regulations as follows:. Clarify the intended purpose of the placement of banners in public rights-of-way Prohibit the promotion or depiction of living political figures (as defined). Specify that banners not related to a specific actual event shall not be displayed more than ninety (90) days. Reserve the right of the Council to terminate the banner program at any time. Relocate regulations to Title 15 of the Municipal Code which specifically regulates the public rights-of -way The draft ordinance is ready for first reading and would, if adopted, supercede the existing regulations. City Clerk will eliminate the superceded language as part of a general clean-up ordinance to be brought forward at a later date. Please contact me with any questions or comments. Glenn Sabine CC: City Manager 10/10/2012 ITEM # /24/2012 ITEM #05 5

6 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, ADDING CHAPTER 15.10, BANNERS IN PUBLIC RIGHTS-OF-WAY, TO THE ENCINITAS MUNICIPAL CODE SECTION ONE: Chapter 15.10, Banners in Public Rights-of-Way, is hereby added to the Municipal Code as follows: SEE ATTACHMENT A SECTION TWO: This ordinance was introduced on October 10,2012. SECTION THREE: vote, to wit: PASSED AND ADOPTED this day of,2012, by the following AYES: NAYS: ABSTAI: ABSENT: Jerome Stocks, Encinitas Mayor ATTESTATION AND CERTIFICATION: I hereby certify that this is a true and correct copy of Ordinance , which has been published pursuant to law. Kathy Hollywood, City Clerk 10/10/2012 ITEM # /24/2012 ITEM #05 6

7 ATTACHMENT A "Chapter BANNERS IN PUBLIC RIGHTS-OF-WAY Purpose and Forum Designation. The City's banner program is a limited forum intended to be used consistent with the purposes and requirements identified in this Chapter Banners in Public Rights-of-Way-Permit Required. Banners in the public rights-of-way shall be authorized by a City permit issued pursuant to this chapter and subject to the standards established by the City and approved by the City Manager or designee which are on file with the City Clerk and available for public inspection. Said authorization shall be known as the 'City's Banner Program.' Promotion or Depiction Restrictions. Banners shall be for the exclusive purpose of promoting or depicting the following: A. authorized local civic events such as art festivals, athletic events, car shows and similar special events; B. promotional or celebratory depictions of or related to the City such as points of interest, attractions, and milestones; and C. promotions or depictions suitable for viewing by all ages Political Figures-Prohibited. Banners shall not promote nor depict the likeness of any political figure presently alive. The phrase 'political figure' for purposes ofthis section shall mean any former elected public official, present elected public official and current candidate for any elected public office, in the County of San Diego. The phrase 'candidate' for purposes of this section shall mean any person who has publically expressed or demonstrated an intention to run for any public office and/or filed the appropriate papers to do so with any government agency in the County of San Diego. The purpose of this section is to avoid public controversy regarding the perception of any such figures, either positive or negative. 10/10/2012 ITEM # /24/2012 ITEM #05 7

8 Banner Dimensions, Location and Display Period. Banners shall not exceed 45 square feet in area and shall be located only on City approved structures. Banners shall be instí3l1ed pursuant to City specifications. Banners may be displayed no more than 14 days prior to the start of the event and shall be removed within 3 days of the end of the event. Banners not related to a specific actual event shall not be displayed more than 90 days Cost Recovery (fees) related to the Banner Program Fees to recover City costs in reviewing applications for placing banners in the public rights-of-way shall be established by the City CounciL Termination of Banner Program by City-Reservation of Right. The City Council reserves the right to terminate the City's Banner Program at any time; provided, however, that any banner erected prior to said termination may remain in place for the duration of its authorization to do so." 10/10/2012 ITEM # /24/2012 ITEM #05 8