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HomeMy WebLinkAboutOrdinance No. 98-O15ORDINANCE NO. 98-015 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING ARTICLE VII, SECTIONS 62-204 THROUGH 62-219 TO CHAPTER 62 OF THE AZUSA MUNICIPAL CODE CONCERNING ISSUANCE OF PERMITS FOR TEMPORARY UNATTENDED OUTDOOR DISPLAYS ON THE CITY HALL LAWN AND OTHER PUBLIC AREAS WHEREAS, portions of the City of Azusa lawn and other public areas owned or under the control of the City have traditionally been open to the public and the community's various organizations to promote patriotic, historic, educational, civic and holiday events; and WHEREAS, the City has, from time to time, permitted such displays in recognition of the First Amendment right to free speech and the promotion of diverse ideas and cultures in an area easily accessible to the public; and WHEREAS, the City Council has determined that temporary unattended outdoor displays on the City Hall lawn and other public areas promote the exercise of free speech and provide an opportunity for individuals and organizations to engage in activities protected by the First Amendment; and WHEREAS, the City wishes to continue to permit such displays, while protecting the health, safety, and welfare of the community; and WHEREAS, the City has received requests to place temporary outdoor displays on the City Hall lawn and other public areas owned or controlled by the City; and WHEREAS, the City does not have existing regulations concerning the review of applications for displays on the City Hall lawn and other public areas owned or controlled by the City; and WHEREAS, the City desires to continue to allow such displays so long as the displays do not require financial support from the City and do not violate any federal, State or local laws; and WHEREAS, the City Council has determined that a permitting process is necessary to ensure that the displays are lawful, are regulated according to neutral time, place and manner restrictions, do not interfere with pedestrian circulation, or prevent the free ingress and egress to public property and public buildings. 0 0 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. A new Article VII is hereby added to Chapter 62 of the Azusa Municipal Code to read as follows: "Article VII. Temporary Unattended Displays on City Property Sec. 62-204. Purpose. It is the purpose of this ordinance to enact regulations to permit temporary unattended outdoor displays on a portion of the City Hall lawn and other public property owned or controlled by the City. Such displays permit individuals and organizations to express positive civic, educational, historic and patriotic community values, to support community organizations, to demonstrate pride in the City, and to promote diverse ideas and communications. The City desires to permit such displays to the extent they achieve the aforementioned purposes and maintain a safe and respectful environment that is not harmful to the public health, safety and welfare." "Sec. 62-205. Definitions. The following words, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City means the City of Azusa. Director means the Community Development Director or his or her designee. Display means an exhibit, structure, memorial or statuary, no larger than twenty feet by twenty feet in area and fifteen feet in overall height, displayed to express, civic, educational, historic and patriotic community values. Examples include, but are not limited to, displays symbolic of seasonal holidays, traveling memorials and exhibitions. Person means an individual, partnership, association, corporation, limited liability corporation, club, society, or similar organization. Public property means the area encompassing the southwest comer of the City Hall lawn, no less than five feet from the paved pedestrian walkway. Public property also means the area surrounding the Civic Center Auditorium or a different location if the Director determines that public safety, pedestrian circulation, or adequate viewing necessitate it. Temporary means a period not to exceed thirty days from the date the display is first installed. Page 2 of 9 0 0 Unattended means that the display shall not include humans within the exhibit." "Sec. 62-206. Permit required. (a) No person shall construct, assemble, place, affix, operate, or direct the construction, assembly, placement, affixation, or operation of a temporary unattended outdoor display unless such person has received a permit from the Director authorizing the display in accordance with this article. (b) The city shall be exempt from this requirement." "Sec. 62-207. Permit application. (a) At least thirty days prior to the first day the display is proposed to be installed, any person wishing to establish a temporary unattended outdoor display on public property, as defined in this article, shall file a signed and complete application for a nontransferable permit with the Director. In order to be considered complete, the application shall set forth the following: (1) The name, age, residence, and mailing address of the person making such application. If the application is made by, or on behalf of, an organization, the name and mailing address of the organization shall appear; (2) A written statement briefly describing, or a drawing illustrating, the proposed display. The statement or drawing must indicate the size, shape, color and type of materials to be used in the proposed display, along with any light emissions, movements or, noise that the proposed display may make; (3) The date(s) and time(s) during which the proposed display is to be exhibited. (b) The application shall be accompanied by an application processing charge which shall be established from time to time by resolution of the city council. This requirement shall not apply to nonprofit organizations, as defined in Section 501(c)(3) of the Internal Revenue Code of 1954. (c) Within thirty days after the filing of a complete application required by this article, the Director shall approve, conditionally approve, or deny issuance of a permit. The applicant shall receive notice of the Director's decision by certified mail or personal delivery to the address on the application. Service of the notice shall be deemed complete upon deposit of the letter in the United States mail, or upon receipt if received by personal delivery. (d) The decision of the Director shall be final if not appealed within the time prescribed in this article." Page 3 of 9 0 0 "Sec. 62-208. Permit issuance. Before approving an application for a permit as required by this article, the Director shall make the following findings: (1) That the application is complete and the applicant has provided the Director with the additional documents required by this article; (2) That the proposed display does not violate any applicable Federal, State, or municipal laws or regulations; (3) That the public property is adequate in size and shape to accommodate the proposed display; (4) That the proposed display will not impede pedestrian circulation, or prevent the free ingress and egress to or from public buildings and other public amenities; (5) That the proposed display is compatible with other land uses on property adjacent to, or in the vicinity of, the public property, and will not negatively affect, or be injurious or detrimental to, such uses or property; (6) That the proposed display will not endanger or otherwise constitute a menace to the public health, safety, or welfare." "Sec. 62-209. Conditional issuance of permit. The Director may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the proposed display, and such requirements as are necessary to protect the public health, safety, and welfare; provided such conditions shall not unreasonably restrict individual rights as guaranteed under the California Constitution and the United States Constitution. Such conditions include, but are not limited to, the following: (1) Alteration of the date(s) or time(s) during which the display is exhibited; (2) Alteration of the location of the display." "Sec. 62-210. Insurance. The applicant shall, prior to the issuance of the permit, submit to the Director proof of general liability and property damage insurance, in amounts to be determined by resolution of the Page 4 of 9 City Council, issued by an insurance company licensed to do business in the State of California and having a policyholder's rating of at least "A" in "Best's Insurance Reports." Said policy shall name the city, its officers, agents, employees and volunteers as insured parties and shall indicate that the insurance is primary, and that any insurance carried by the city shall be considered as excess thereto. The policy shall not be modified or canceled by the insurance carrier without at least thirty days' prior written notice to the city. The requirement of this section may be waived by the city's risk manager upon a showing of good cause. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual." "Sec. 62-211. Hold -harmless agreement. Prior to the issuance of a permit, the applicant shall provide the Director with an executed hold -harmless agreement on a form provided by the city. The agreement shall substantially state that the applicant agrees to indemnify, defend and hold the City and its officers, employees, and agents harmless and free from any liability, penalty, expense or loss of any nature, including but not limited to liability for damage or injury to any persons or property arising out of or in connection with the display. The requirement of this section may be waived by the city's risk manager upon a showing of good cause. Good cause shall include, but not be limited to, a determination that the application of this section would violate the constitutional rights of any individual." "Sec. 62-212. Denial of permit. The Director may deny the issuance of a permit if he finds any of the following: (1) That the applicant has failed to meet the conditions imposed pursuant to the provisions of this article; (2) That the proposed display will be exhibited in a manner not meeting health, fire, or building and safety standards established by State and municipal laws and regulations; (3) That the applicant has knowingly made a false, misleading, or fraudulent statement of material fact in the application for the permit or in any other document required pursuant to the provisions of this article; (4) That the applicant has failed to complete the application form or pay the application charge pursuant to the provisions of this article; (5) That another permit application has been receive prior in time, or has already been approved, to exhibit another display at the same date(s) or time(s) requested by the applicant; Page 5 of 9 0 (6) That the proposed display will substantially interfere with any construction or maintenance work scheduled to take place upon or near the public property; (7) That the date(s) or time(s) during which the display is to be exhibited, or the size or shape of the display will substantially interrupt the safe and orderly circulation of pedestrian traffic, or the free ingress and egress to and from public buildings; (8) That the proposed display will create a public nuisance because it creates excessive noise, odor, or creates dangerous conditions surrounding the display." "Sec. 62-213. Permit appeal. If the Director denies a permit or the applicant determines that the conditions attached to the permit are objectionable to the applicant, the applicant may appeal to the city council by filing with the city council a written notice of appeal within ten days from the date of such denial or imposition of conditions to the permit. If such an appeal is filed, the city council, within a reasonable time, shall review the matter and, after conducting such hearing thereon as the council may require, grant or refuse such permit if it determines that the proposed display would cannot meet the findings for approval specified in Section 62-208. The council may further confirm, modify, or delete such conditions imposed by the Director as it deems appropriate. The action of the city council shall be final and conclusive." "Sec. 62-214. Permit revocation. (a) When any permit is issued pursuant to this article, such permit may be revoked at any time thereafter by the Director if he is satisfied that the display or the applicant does or will do any of the following: (1) Endanger in any manner the health, safety, or welfare of the city or its inhabitants; (2) Violate any Federal, State, or municipal laws or regulations; (3) Violate any of the conditions attached to such permit; (4) Cease to meet the requirements set forth in this article for issuance of a permit; (5) Interfere with the safe and orderly circulation of pedestrian traffic, the public peace, the rights of nearby residents, or the enjoyment of property; (6) Fails, neglects, or refuses to pay the fee prescribed by the provisions of this article. Page 6 of 9 (b) Such revocation shall be effected by delivering a notice of revocation with the reasons therefor to the applicant in person, or by mailing the notice to the address of the applicant as set forth in his application. Such revocation shall be effective immediately upon the date of delivery, or the date of mailing." "Sec. 62-215. Displays for Commercial Purposes; Solicitation. A. Displays shall not be permitted for the sole purpose of selling, advertising or displaying products, services or wares by a business establishment or person. B. Solicitation shall not be permitted as part of, or in connection with, displays regulated by this article but shall be governed by article 18 of chapter 18 of this code. The term "solicitation" shall have the meaning ascribed to it in section 18-1142 of this code." "Sec. 62-216. Permit contents; display. (a) Each permit shall state the date(s) and time(s) for which it is issued, and the name of the person or organization to whom it is issued. (b) The permit shall be prominently exhibited on or near the display at all times during the period for which it is issued. In addition to the permit, the sponsor of the display shall also display a placard that identifies the sponsor of the display and a statement written in four inch (4") high letters that says `This display not sponsored by the City of Azusa'. The placard shall be constructed of non -bendable cardboard, wood or other similar material." "Sec. 62-217. Utility costs. The applicant shall be responsible for the payment of all utility costs, or other costs associated with the display, incurred during the display's exhibition." "Sec. 62-218. Violation; remedies. The construction, assembly, placement, affixation, or operation of a temporary unattended outdoor display, or the direction of any of these actions, without first receiving a permit pursuant to this article shall be a misdemeanor. The City may also seek any and all civil remedies, including the right of civil injunction, for the prevention of such violations and for the recovery of money damages therefor." SECTION 2. If any provision or clause of this ordinance or the Page 7 of 9 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Adolph Solis, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 98-015 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of October , 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of November , 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Adolph Solis, APPROVED AS TO FORM: ity 'Attorney Page 8 of 9 Deputy City Clerk 0 0 application thereof to any persons or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance which can be implemented without the invalid provision or application; and to this end, the provisions of this Ordinance declared to be severable. SECTION 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4. A summary of this Ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED this ? day of November 1998. Cristina r -Madrid Mayor ATTEST: Candace Toscano Deupty City Clerk Page 9 of 9