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HomeMy WebLinkAbout06304X 411 ORDINANCE NO. 6304 AN ORDINANCE GENERALLY CONCERNING USE OF THE PUBLIC RIGHTS OF WAY AND SPECIFICALLY AMENDING TITLE IX OF THE 1971 CODE OF ORDINANCES RELATING TO PERMITS FOR ,CIVIC BANNERS, COURTESY BENCHES AND BUS STOP SHELTERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1 The Council finds and determines that: (a) The highways, streets, sidewalks, alleys and other public rights of way within the City of Pueblo are intended to serve, first and foremost, the vehicular and pedestrian needs of the public, and secondarily, to serve as corridors for the infrastructure of public franchises and public utilities whose purpose is to serve and enhance the public health, safety, welfare and convenience. (b) In furtherance of the above purposes, it has long been necessary to generally prohibit the erection of other structures, signs and other encroachments upon the public rights-of-way except in very limited circumstances where the traditional public use may continue without significant impairment and where such other use, though incidentally serving private interests, also serves to promote or enhance the general health, safety, welfare, or convenience of the public. (c) In the case of signs, other than traffic control devices and public.signage related to vehicular travel, the public interest requires that signs not be permitted to be erected in, upon or across public streets, sidewalks or rights of way except in very limited circumstances. The Council recognizes that a general prohibition of signage in public rights of way, though content - neutral, constitutes a restriction on expressive activity. The several distinct interests which dictate and command the general prohibition on signs in public ways, however, are: (a) the need to insure that the placement of signs does not impair visibility of traffic control devices or signs or traffic safety either directly or more indirectly, such as where traffic signs become lost in a sea of visual clutter; (2) the need to avoid undue distraction of motorists; (3) the exercise of the police power to advance aesthetic values by avoiding or reducing the clutter and visual blight of signs and to reduce "the visual assault on the citizens . . . presented by an accumulation of signs posted on public property "; and (4) the need to allocate scarce right of way width among the vehicular, pedestrian and utility interests and allow for the maintenance and reconstruction of the facilities, wires, lines, pipes, cables, roadway and other infrastructure which serves such paramount interests without obstruction or interference from non - essential sign structures. The Council finds that with a general prohibition on erection of signs in the public right of way, the remaining modes of communication are adequate for conveyance of speech and expressive activity. Such remaining modes include, subject to reasonable zoning and building restrictions, signs and billboards placed on private property. Other media available for expression include: hand -held signs associated with peaceful demonstration or picketing, television, radio, cable television, printed matter, newspapers, magazines and telephone directories. The general prohibition thus has only a demininus impact upon expressive activity. (d) Bus stop shelters and courtesy benches are ancillary to and directly further the transportation purposes of streets and roads. Council specifically finds that greater utilization of public transportation systems in the community would reduce traffic congestion. Bus shelters and courtesy benches serve to provide shelter and convenience to users of public transportation systems and deployment of these facilities enhances the safety and convenience of public transportation so -2- as to encourage its use. Courtesy benches also serve as temporary resting places for pedestrians, particularly the frail and elderly, thereby encouraging people to walk rather than to drive and reducing traffic congestion. The presence of these amenities in the community "softens" urban roadways and helps make the City a more comfortable place to live and visit. (e) The provision of courtesy benches and bus stop shelters requires the expenditure of funds for both capital construction costs and operation and maintenance. Because the construction and maintenance of higher prioritized projects invariably depletes the City's limited resources, the City has been largely unable to finance and construct shelters and benches without private sector participation. The private sector has demonstrated an ability and willingness to construct and maintain courtesy benches and bus stop shelters supported through advertising revenues derived from advertising matter located upon or within such benches and shelters. Since Council authorized privately constructed, advertising supported shelters in the public right -of -way somewhat more than two years ago, shelters have been constructed at numerous stops along the City's mass transit system routes. This "experiment" has produced the following results: (1) users of the transit system have been provided with some protection from inclement weather and, during Pueblo's hot summer months, protection from the sun; (2) the limited amounts of advertising material permitted to be located upon the shelters, coupled with the limitation of one or two shelters at each location, has not impaired traffic safety, nor created visual clutter; and (3) the shelters have been located in cooperation with City transportation and public works staff so as not to interfere with public or utility infrastructure nor hinder vehicular or pedestrian travel. (f) Provided certain restrictions and conditions are observed, courtesy benches and bus stop shelters supported through advertising may be located upon public rights of way consistent with -3- and serving the public interest. (g) The City's social and economic health is nourished by various community activities and functions which bring visitors to the City and tax revenues to the City's coffers. Such community activities and functions have long been enhanced and promoted through informational civic banners displayed for short periods of time across certain roads within the City. Examples of events held within the City for which banners have been authorized include, but are not limited to, the Colorado State Fair and Industrial Exposition, the Parade of Lights, Veterans' Day observances, Independence Day celebrations and parades, the Union Avenue Historic District community events, and for the Winter holidays and festivities season. As with bus stop shelters and courtesy benches, provided certain restrictions and conditions are observed, such civic banners may be located upon public rights of way consistent with and serving the public interest. SECTION 2 Chapter 10 of Title IX of the 1971 Code of Ordinances, as amended, is amended by the addition of a new section 9 -10 -87 thereto, to read as follows: Sec. 9- 10 -87. Bus stop shelters and courtesy benches, permits, requirements, penalties. U It shall be unlawful and a municipal offense for any person to construct, place, affix or maintain any bus stop shelter, building, kiosk, tructure or bench upon any_ street, sidewalk or public right of way within the City except and unless such person obtains a revocable permit for a bus stop shelter or courtesy bench as provided in this Section: and it shall be unlawful and a municipal offense for any person to whom a revocable permit has been issued pursuant to this Section to violate any term or condition of such permit, or to violate any permit requirement set forth in this Section. (W An application for a permit under this section shall be submitted to the License Officer and shall include the following information and attachments: M W The name address and telephone number o the applicant: W A description of the location or locations of the proposed shelter or shelters and bench or benches together with a drawing which shows the location in relation to City_ monuments: A description and drawing of the proposed shelter(s) or courtesy bench(es W An acknowledgment by the applicant of the required proof of insurance to be filed before undertaking placement of any shelter or bench upon the public right of way; and If the application concerns a proposed shelter, sufficient evidence that the location is proximate to a bus stop or route for the mass transit system. �c) Upon submission of the permit application to the License Officer, the License Officer shall review the application for completeness and either return it to the applicant with a written statement identifying any items that are missing or incomplete or present the completed application to a review committee composed of the Director of Public Works, the Director of Transportation the Traffic Engineer and the License Officer. Within thirty (30) days of receipt of the completed application, the review committee shall review the completed application for conformance with the requirements set forth in this Section, determine whether and to what extent the proposed facilities would impact upon pedestrian and vehicular traffic or interfere with Cim infrastructure or franchised utilities, and prepare written comments and recommendations to the City Council thereon, including without limitation recommendations concerning the granting or denial of the permit and any conditions which should be incorporated therein Within thirty days of completion of review, the application comments and recommendations of the review committee shall be submitted to the City Council for consideration At that time the City Council may grant or deny the permit or grant the permit with such conditions and limitations as the City Council may determine to be in the best interest of the public. W All permits issued by the City Council pursuant to this Section shall be sub - ject to the following requirements which must be observed by the permittee: W The location of the shelter or courtesy bench shall conform to the location approved by the permit and shall not exceed the number of square feet or encroachment on public right of way authorized in the permit. W Before commencing the erection or placement of any shelter or bench under the permit the permittee shall: -5- a. obtain any required building permit and comply with any other requirements of law: provided, however, that notwithstanding anything to the contrary in Title IV of the 1971 Code of Ordinances, no building permit fee shall be charged for any building_ permit for a bench or shelter authorized under this Section: and b. secure and maintain in effect during the life of the permit comprehensive general liability insurance, including completed operations and contractual coverages, for bodily injury. including death, and property damage, with a combined single limit of not less than Six hundred Thousand Dollars ( $600,000.00): and C. file with the License Officer an indemnity agreement, in a form approved by the City Attorney, wherein the permittee shall agree to release, indemnify, defend and save the City, its officers, agents and employees harmless from and against all claims, actions, causes of action, demands, penalties, judgments, costs and expenses, including reasonable attorney fees, resulting in any manner from or arising, directly or indirectly, out of the issuance of the revocable permit under this Section or the placement and maintenance of any bus shelter or courtesy bench pursuant thereto. W Shelters and benches may contain any form of advertising_ matter subject to the following limitations: a. advertising matter upon bus shelters may not exceed thirty- five percent (35 %) of the area of the side walls on the shelter: and b. advertising matter upon courtesy benches may be placed only upon both sides of the seat back and may not extend beyond the top of the seat back. C. advertising displaved upon shelters or benches shall not contain any matter harmful to minors, as defined in Section 11 -1 -704 of this Code, nor contain tobacco or alcohol advertising to the extent such advertising may not be displayed under enforceable state or federal law or regulations applicable to media to which minors are _r eason ab ly exp ected to be exposed. W The permittee shall at all times keep and maintain shelters and benches in a clean condition and in good state of repair. Permittee shall promptly remove any graffiti in accordance with City ordinances. M (5) In the event any shelter or bench is to be located in a Historic Business Zone District the general style, design and color selection of the shelter or bench shall be reviewed by the architectural review committee for the District and approved in accordance with the procedures set forth in Section 17- 4- 51(12.1 )d, of this Code: provided however that the committee shall have no authority whatsoever to review or approve the advertising content which a permittee may place upon shelters or benches or the colors pictures text design, schemes or patterns within any such advertising content. Except as specifically required by this Section or by provisions incorporated by reference in this Section, advertising located upon bus shelters and courtesy benches shall be exempt from City zoning ordinance provisions relating to signs. f Every permit granted pursuant to this Section is and shall remain subject to revocation by the City Council at its pleasure No vested or other right of any kind whatsoever is intended to be granted or conferred hereby. it being intended that permits issued hereunder are pursuant to the authority of Section 16 -9 of the Charter allowing permits to be granted for temporary purposes. (_g) The provisions of this Section are hereby declared to be severable, and if any subsection sentence clause, phrase or portion thereof shall be held unconstitutional or invalid the remainder of this Section shall continue in full force and effect. SECTION 3 Chapter 10 of Title IX of the 1971 Code of Ordinances is amended by the addition of a new Section 9 -10 -88 thereto, to read as follows: Sec 9 - 10 - 88 Temporary Civic Banners Permit Required. Penalties. �a) It shall be unlawful and a municipal offense for any person to hang, affix. erect, place or maintain any sign placard or banner upon, over or across any street, sidewalk, alley_ or public parking lot or structure within the City or upon any City owned building except and unless such person obtains a permit therefor as provided in this Section: and it shall be unlawful and a municipal offense for any person to whom a permit has been issued pursuant to this Section to violate any term or condition of such permit_ or to violate any permit requirement set forth in this Section. (h) As used in this Section the term "civic banner" shall mean a display banner or cloth decoration intended to be hung or placed upon, over or across a street, sidewalk, alley or other right of way or upon any City building or structure and which functions to -7- promote, recognize or celebrate any of the following: (l) events of national, state or local civic significance; community events: W business district identification: W the Colorado State Fair and Industrial Exposition; the Winter holiday and festivities season: national or state holidays and other. commemorative days; .(D conventions of state or national organizations being held within the City: and W visits from elected officials, foreign dignitaries, sister city delegations, and distinguished persons of science, academia, the arts, industry and labor. � Any person desiring to obtain a permit to hang, affix, erect, place or maintain a civic banner under this Section shall submit an application therefor to the City Traffic Engineer, not less than 30 days prior to the first day upon which display is desired. The application shall be accompanied by a non - refundable application fee of Twenty Dollars ($20.00), or such other amount as Council may, from time to time, establish by Resolution, and shall include the following information and attachments: W The name, address and telephone number of the applicant; W A description of the location where the civic banner is proposed to be hung, affixed or placed and the manner in which it is to be supported: W The day or dates when display of the civic banner is proposed; W A drawing, sketch or photograph of the proposed civic banner; W Certification from the Building Official that if a permit were issued pursuant to this Section the proposed installation would comlly with all other provisions of Chapter 9 of Title IV of the 1971 Code of Ordinances_ as amended and the Uniform Sign Code provided, however, that no fee shall be required nor charged by the Building Official for providing such certifications: A certificate of insurance coverage for comprehensive general IN liability insurance. including completed operations and contractual coverages, for bodily injury including death, and property damage with a combined single limit of not less than Six Hundred Thousand Dollars (,$600.000.001: An instrument signed by the applicant. or applicant's authorized officers or representatives agreeing to indemnify defend and save the City, its officers agents and employees harmless from and against all claims, actions causes of action demands, penalties. judgments, costs and expenses, including reasonable attorney fees, resulting in any manner from or arising directly or indirectly, out of the issuance of the permit under this Section or the hanging, erection, placement or maintenance of any civic banner pursuant thereto W W The Traffic Engineer shall review the application and attachments for conformance to the requirements of this Section and with respect to traffic safety and within 14 days of receipt of the application, either: issue the permit with such reasonable conditions as he deems necessary for the public safety: advise the applicant that the application is incomplete, stating the information which has not been submitted: or deny the permit stating the reasons therefor. W An applicant wishing to appeal either a condition placed upon a permit or the denial of a permit may request a hearing thereon by filing a written appeal with the Traffic Engineer within 10 days of the decision rg anting or denying the permit Thereafter the City Manager shall designate a hearing officer who shall conduct a hearing and receive evidence in accordance with the procedures set forth in Chapter 7 of Title I of the 1971 Code of Ordinances. At such hearing the applicant shall have the burden of proving either that the contested permit condition is unreasonable or that the denial of the permit was arbitrary or capricious. After the conclusion of the hearing the designated hearing officer shall either uphold the Traffic Engineer's actions or modify same based upon the information before him, and his decision shall be final and conclusive. (3) Any further review of the hearing officer's decision shall be taken pursuant to Rule 106 of the Colorado Rules of Civil Procedure. U Every _permit issued pursuant to this Section shall be subject to the following requirements: W Civic banners shall not contain advertising of a commercial nature: provided however, that civic banners may contain a brief statement recognizing sponsorship of the event, celebration or other matter for which the civic banner is displayed and may contain a sponsor's logo Any statement and logo recognizing sponsorship shall not exceed twenty percent (20 %) of the area of the civic banner. M Civic banners displayed over streets, alleys and rights of way shall be located as stated in the permit and as directed by the Traffic Engineer so as not to obscure or cause interference or obstruction to any traffic signal lights or devices nor present any hazard to utility lines and facilities or to the public. Civic banners shall be maintained so that no part of the banner may sag or drop below a line 15.5 feet above the surface of the public right of way. W Permits shall not be issued for a display period longer than 10 days: provided however, that permits for civic banners associated with the Colorado State Fair and Industrial Exposition may allow display for the actual term of the state fair and for a reasonable period before and after the state fair: and further provided that permits for civic banners associated with the Winter holidays and festivities season may allow display for the entire period from November 1 of each year until January 5 of the following year. and further provided that permits for civic banners used for business district identification may allow continuous display. After issuance of a permit, the permittee shall arrange for erection and placement of banners at permittee's expense. During the erection and placement of civic banners permittee shall also at permittee's expense provide and be responsible for all traffic control barricading, and flagging as may be deemed necessary for the protection of the public in the judgment of the Traffic Engineer. W Permittees shall inspect all civic banners daily and maintain same and all mounting hardware cables and equipment in proper and safe condition After the expiration of every permit, the permittee shall promptly remove the civic banner and all mounting hardware, cables and equipment and restore the public street, poles and infrastructures to their previous condition at permittee's expense. SECTION 4 This Ordinance shall become effective immediately upon final passage and approval; provided, however, that bus shelters or courtesy benches heretofore placed within public rights of way pursuant to permits or agreements heretofore authorized shall be permitted to continue as so authorized by any such existing permit or agreement; provided further, however, that on and after January 1, 1999, any person maintaining a bus shelter or courtesy bench under any such existing -10- agreement or permit shall be subject to and shall be required to fully comply with all provisions of subsections 9- 10- 87(d)(2), (d)(3), (d)(4) and (f) of the 1971 Code of Ordinances, as adopted and amended by this Ordinance. ATTEST: . — 2 �' nt'� City Cler INTRODUCED: March 23, 1998 By Robert Schilli Councilperson President of t e ity 4ouncil -11-