§ 64-167. Banners.

(a)

The display of banners is a specialized temporary use of the public right-of-way and may be allowed on city streetlight poles and other such facilities in the public right-of-way subject to compliance with the conditions and regulations imposed in this subsection, including but not limited to standards adopted by the director to ensure that the display of banners does not create an unsafe condition for public use of the public right-of-way and are authorized encroachment uses of the public right-of-way.

(b)

Banner permit. No banner shall be displayed in the public right-of-way without a banner permit issued by the director. The director is authorized to issue banner permits for the display of noncommercial messages or to promote or publicize a neighborhood district or an event of a neighborhood district in city public right-of-way. A banner permit will state the number, and location of the banners.

(1)

Application. Any person desiring to obtain a banner permit under the terms of this subsection shall make application therefor to the director, in writing, on a form provided by the director.

(2)

Application fee. An application fee of $58.00 shall be paid to the city at the time of application for a banner permit issued under this section. The application fee is non-refundable. The fee shall be deposited into an account established for the department of public works, operation division for right-of-way service charge-outs.

(3)

Issuance. No banner permit provided for by this subsection shall be issued for the display of any banner except in conformity with the following:

a.

A banner permit application shall be approved or denied within 30 days of submission of a complete application.

b.

No permit shall be issued for a banner exceeding 30 inches in width or 72 inches in length provided that a larger banner may be permitted at the discretion of the director if an applicant for a banner permit furnishes to the director a wind load analysis, signed and sealed by a registered professional engineer of the state, setting forth that the potential wind load on the pole for each proposed display for the total banners on each pole is within the design standards for the pole installation.

c.

Restoration Deposit. As a condition for the issuance of a banner permit, the applicant shall furnish and maintain a restoration deposit in the amount of $58.00 for each pole upon which a banner will be attached under the permit. Upon city approval of the satisfactory removal and restoration of the banners and hanging brackets by the permittee after notice of such removal from permittee, the restoration deposit, less any amount used by the city for removal or repairs, will be refunded to the permittee.

d.

Inspections. Except for permits issued to the neighborhood association of a registered residential neighborhood, as a condition for the issuance of a permit, the applicant shall pay the city an annual inspection fee of $58.00 for the first pole and $2.00 for each additional pole under the permit.

e.

Approved locations. Banners for display within the public right-of-way may be displayed only on primary arterials, secondary arterials collector and local streets but shall not be displayed on freeways or expressways. The display of banners on boulevards, parkways, streets or roads under the jurisdiction of the board of parks and recreation commissioners, in addition to compliance with all other regulations and conditions in this section, shall require approval from such board. Nothing in this section shall alter the requirements of chapters 18 and 88, Code of Ordinances, related to the display of banners from a privately owned building.

f.

If the process of installation, maintenance or removal of the banners will result in a disruption of traffic, then the applicant shall comply with all of the applicable regulations, and obtain such traffic control permits and pay any applicable fees for such permits.

g.

A permit for a banner shall be for a period of one year. While the permit is in effect, a banner covered under the permit may be replaced with another banner of like size and otherwise in conformance with this article and any rules or regulations authorized by it. The permittee shall notify the director 15 days prior to any such replacement.

h.

No permit shall be issued for a banner that contains a specific date for an event.

i.

Insurance. The issuance of any permit issued pursuant to this section is conditioned on the permit holder procuring and maintaining in force during the term of the permit general liability insurance, the terms and conditions of such which shall be determined by the director. If at any time the insurance expires or is cancelled, the permit shall be deemed null and void and the banners are to be removed from public property. If a reasonable time lapses upon such expiration or cancellation, and the permittee has not removed the banners and brackets, the city may remove them without notice. Upon removal by the city, title to all materials which have been removed shall vest in city.

j.

No banner permit shall be issued if the applicant has failed to meet all requirements set forth in this subsection and on the permit; if at the time of the proposed display there will be a conflict of time with city sponsored banners at the proposed location; if at the time of the proposed display there will be a conflict with construction activities at the proposed location or if the proposed banner contains a commercial advertisement of any kind.

k.

The director may promulgate additional rules and regulations related to the issuance of a banner permit, including but not limited to duration, size, materials, placement, and alignment.

l.

The issuance of a banner permit is a license and not a grant and may be revoked by the director after providing notice and a reasonable opportunity to be heard to the applicant if the banner has been determined to be inconsistent with the public use of the right-of-way; upon revocation the permittee shall cause the removal of the facilities and the restoration of the area without expense to the city.

(4)

Permit expiration.

a.

Upon expiration a banner permit may be renewed, following approval of an application and payment of the permit fee and compliance with all other requirements set forth in this section.

b.

Unless otherwise approved by the director, upon expiration of a banner permit or renewal of such, banners and hanging brackets shall be removed by the permittee. During the permit period, damaged, deteriorated, or faded banners and unused banner brackets shall be removed by the permittee and may be replaced. If the permittee fails to remove the banner and hanging brackets within a reasonable time after expiration of the banner permit or within a reasonable time after notification by the city that a banner is damaged, deteriorated, or faded, then the city may remove the banners and brackets without notice. If costs of such removal exceed the amount of the restoration deposit paid pursuant to section 64-167(c)(3), the city may charge the permittee the additional costs.

(5)

Adjustments. The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

(Ord. No. 141025 , § 1, 12-18-14)