SR-304-001 (8)
F:\ATTY\MUNI\STRPTS\MJM\street banners.doc
City Council Meeting 2-10-04 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Proposed Revisions to City Policy and Ordinance on Over-the-Street
Banners
Introduction
Last year, staff proposed revisions to the over-the-street banner ordinance. Council
considered the proposal and directed staff to return with any additional information and
options. This report fulfills that direction.
Background
Municipal Code Section 4.08.490 imposes a general prohibition against banners hung
over city streets. Section 4.08.500 creates an exception for banners promoting civic
and cultural events of general public interest. That section explicitly prohibits banners
promoting “commercial sales or activities, religious services or restrictions, or events
relating to political events or ballot measures.”
In 2001, the City Council adopted a new sign code. It restricts signage in order to
promote traffic safety and aesthetics and to eliminate visual blight. The present over-
the-street banner ordinance may be inconsistent with these policies. Moreover, in 2002,
a lawsuit was filed challenging the street banner ordinance on constitutional grounds.
That lawsuit remains ongoing.
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Discussion
Since proposing amendments to the over-the-street banner ordinance last year, staff
has reviewed evolving legal precedent and the options for amending the banner
ordinance. Several possibilities have been identified.
First, the Council could amend Section 4.08.500 to prohibit over-the-street banners
except banners hung by the City, the Pier Restoration Corporation (PRC) and the
Bayside District Corporation (BDC) over the Third Street Promenade and the Santa
Monica Pier. This approach would comport with the City’s sign policies favoring the
promotion of safety and aesthetics on City streets by the reduction of offsite signage
and visual clutter. This alternative would also eliminate any controversy about whether
restrictions on banners based on content violate First Amendment guarantees. Finally,
allowing “City” banners on the Promenade and Pier would protect the BDC’s and PRC’s
ability to fulfill their mission of preserving economic vitality and would not hinder safety
or aesthetics on streets used for vehicular traffic.
Second, the Council could amend the ordinance by narrowing the exception to the
promotion of activities and events produced or co-produced by the City. This approach
would benefit the public by allowing the advertisement of events and activities produced
or co-produced by the City, the BDC and the PRC. This approach would also minimize
visual clutter. Finally, it would insulate the City against legal claims by following case
law which recognizes the government’s right to use its own property to publicize
governmental activities.
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Third, the City might modify the exception to allow street banners advertising permitted
community events, including City events. This approach would not address visual
clutter because the number of banners would likely not decrease. Nor would this
approach afford the same legal protection of the first two approaches. However, it
would facilitate the provision of information about events to the community.
Finally, the City Council could take no action and maintain the street banner ordinance
in its present form. This course exposes the City to legal risk and conflicts with policies
embodied in the sign ordinance.
Staff recommends that the Council choose the first or second option. Ordinances
implementing both are attached as Exhibits “A” and “B” respectively. Either would
comport with existing City policies on signage by enhancing aesthetics and would
insulate the City legally. Moreover, the effective date of the new ordinance could be
chosen to reduce hardship to organizations that are counting on using banners to
publicize events occurring in the near future.
Financial/Budget Impact
The recommended Municipal Code amendments would have no direct financial impacts
upon the City.
Recommendation
If the Council selects the first option, the proposed ordinance submitted as Attachment
“A” may be introduced for first reading. If the Council prefers the second option, the
ordinance submitted as Attachment “B” may be introduced for first reading.
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PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
ATTACHMENTS: Proposed Ordinances (See below)
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f:\atty\muni\laws\mjm\streetbanners-1.doc
City Council Meeting 2-10-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.500
RELATING TO STREET BANNERS
WHEREAS, the City of Santa Monica has adopted a Sign Code intended to promote
aesthetics and traffic safety and to reduce visual clutter; and
WHEREAS, hanging temporary banners over City streets to promote a wide variety of
events may conflict with the policies underlying the Sign Code; and
WHEREAS, the use of over street banners should therefore be limited to the promotion
of City events,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.500 is hereby amended
to read as follows:
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Section 4.08.500. Over Street Banners Prohibited
– Exceptions.
Notwithstanding anything contained in Section
4.08.490 hereof, temporary banners traversing public rights-
Deleted:
that are used for
of-way may be hung for the purpose of promoting City-
Deleted:
or
produced or City co-produced cultural or civic events and
Deleted:
of general public interest
are permitted in accordance with the
following regulations:
activities. All other temporary banners are prohibited.
Deleted:
(a) The banners are
permitted only at locations with
mounting hardware that have been
approved by the City.¶
(b) The banners shall not be used to
publicize events promoting
commercial sales or activities,
A City-produced event is developed and implemented
religious services or instructions, or
events relating to political events or
ballot measures. ¶
in its entirety solely by a City department or departments. A
(c) The banners shall be installed no
more than three weeks prior to the
event and shall be removed the first
City co-produced event is one that has significant City staff
working day after the event.¶
(d) The banners shall meet the
uniform design standards established
involvement in both the planning and the implementation of
by the City.¶
(e) The banners shall only be
installed by City-approved installers
the event together with a non-City entity. To be considered
who will hang and remove the
banners in accordance with City
specifications.¶
an event co-produced by the City, City staff must be
(f) The event organizer shall bear the
full cost of fabrication, installation,
and removal of the banner.¶
involved in all aspects of the event including creative
(g) An event shall only be authorized
to install two over-the-street banners
per event.¶
direction, funding and fund development, marketing and
(h) The banners have received all
necessary permits to locate in the
public right-of-way.
media relations, and staffing and support services. For
purposes of this Section, events and activities produced or
co-produced by the Bayside District Corporation and the Pier
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Restoration Corporation are classified as City-produced or
City co-produced.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
f:\atty\muni\laws\mjm\streetbanners-2.doc
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City Council Meeting 2-10-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.500
RELATING TO STREET BANNERS
WHEREAS, the City of Santa Monica has adopted a Sign Code intended to promote
aesthetics and traffic safety and to reduce visual clutter; and
WHEREAS, hanging temporary banners over City streets used for vehicular traffic may
conflict with the policies underlying the Sign Code by impairing aesthetics and
distracting drivers; and
WHEREAS, the use of over street banners should therefore be limited to the Third
Street Promenade and the Pier,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 5. Santa Monica Municipal Code Section 4.08.500 is hereby amended
to read as follows:
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Section 4.08.500. Street Banners Prohibited –
Exceptions.
Notwithstanding anything contained in Section
Deleted:
hereof
4.08.490, banners traversing public rights-of-way are
Deleted:
that
Deleted:
used for promoting
prohibited. Notwithstanding this prohibition, the City and the
cultural or civic events or activities of
general public interest are permitted
in accordance with the following
Bayside District Corporation may hang banners over the
regulations:
Third Street Promenade, and the City and the Pier
Restoration Corporation may hang banners over the Santa
Monica Pier.
Deleted:
(a) The banners are
permitted only at locations with
mounting hardware that have been
approved by the City.¶
(b) The banners shall not be used to
publicize events promoting
commercial sales or activities,
religious services or instructions, or
events relating to political events or
ballot measures. ¶
(c) The banners shall be installed no
more than three weeks prior to the
SECTION 6. Any provision of the Santa Monica Municipal Code or appendices
event and shall be removed the first
working day after the event.¶
(d) The banners shall meet the
thereto inconsistent with the provisions of this Ordinance, to the extent of such
uniform design standards established
by the City.¶
(e) The banners shall only be
inconsistencies and no further, is hereby repealed or modified to that extent necessary
installed by City-approved installers
who will hang and remove the
banners in accordance with City
to effect the provisions of this Ordinance.
specifications.¶
(f) The event organizer shall bear the
full cost of fabrication, installation,
and removal of the banner.¶
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
(g) An event shall only be authorized
to install two over-the-street banners
per event.¶
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
(h) The banners have received all
necessary permits to locate in the
public right-of-way.
court of competent jurisdiction, such decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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