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HomeMy WebLinkAboutORD1063ORDINANCE NO.1063 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION CITY CODE,CHAPTER 3,ADMINISTRATION,ARTICLE 3-13,DEPARTMENT OF PARKS AND RECREATION,BY ADDING NEW SUBSECTION "G"TO SECTION 3-13-3,POWERS AND DUTIES;AND BY ADDING A NEW SECTION 3-13-5 ENTITLED "ADMINISTRATION OF BANNERS PLACED ON PUBLIC PROPERTY";REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY WHEREAS,Arizona Revised Statutes Annotated ("A.R.S.")§9- 276(A)(1)allows cities and their governing bodies to regulate the use of their streets,alleys,avenues,sidewalks,parks,public grounds and off-street parking sites;and WHEREAS,the City of Apache Junction currently allows placement of banners at the request of citizens at designated locations in the city; and WHEREAS,the City has the duty to protect the health,safety and welfare of its residents by controlling how banners are placed and maintained on and over public property;and WHEREAS,the City desires to codify the official policy into the Apache Junction City Code,giving the Parks and Recreation Director the authority to administer requests for displaying banners at designated locations on or above city property. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I.IN GENERAL That Article 3-13 Department of Parks and Recreation of the Apache Junction City Code be amended by adding a new subsection "G"to Section 3-13-3 Powers and Duties to read as follows: Section 3-13-3 Powers and Duties ORDINANCE NO.1063 PAGE 1 OF 5 G.Supervise,process and approve all requests for placement of banners at designated public property locations currently and as established in the future,in accordance with Section 3-13-5 of this Article. That Article 3-13 Department of Parks and Recreation of the Apache Junction City Code be amended by adding Section 3-13-5 Banner Placement and Supervision to read as follows: Section 3-13-5 Banner Placement and Supervision A.Any person,partnership,association,company or corporation may request the placement of banner(s)on designated locations on City -owned property by filing with the Director of the Parks and Recreation Department or designee thereof (hereinafter "Director")an installation fee as established in Apache Junction City Code Chapter 4,Fees,Article 4-1, Parks and Recreation Fee Schedule,and a completed application provided by the Parks and Recreation Department stating the following:name of applicant,address,phone number,sponsoring organization,contact person,purpose of banner,complete description of activity being promoted and description of the message,artwork and logos to be displayed. B.Permission to display a banner is subject to a "first -come, first -serve"basis,provided that the following is satisfied:(1)the banner promotes an event or service available for or open to the general public which is of community -wide interest in the City of Apache Junction:and (2)the request for the display of the banner has been initiated at least thirty (30)consecutive calendar days before the desired date of placement. C.All banners may be displayed for a maximum of fourteen (14) consecutive calendar days once a year.All banners shall be made and supplied by applicant or its agent and shall be made of flame retardant heavy canvas (twelve -ounce minimum), eighteen -ounce vinyl or equivalent in strength and durability according to industry standards.All banners must have printing on both sides,with perimeter grommets ORDINANCE NO.1063 PAGE 2 OF 5 spaced no further than two feet (2')apart,with a minimum of eight (8)six-inch (6")wind relief holes or baffles,and can be no larger than three feet (3')tall and thirty feet (30')long. D.The Director shall supervise city personnel in actual removal and placement of banners at initial placement and at other times for maintenance and replacement as requested by applicant.However,applicant shall have the responsibility for informing the Director of the need for such replacement and maintenance based on a visual inspection.Applicant must deliver a new banner to the Director in situations in which replacement is needed.I f the Director observes at any time after the banner has been displayed that i t is: (1)damaged,(2)insecurely fastened,or (3)obstructs the view of any motorists or pedestrians,the Director may cause such banner to be removed without first notifying the applicant.In such case,the Director shall notify the applicant that the banner was removed and allow the applicant forty-eight (48)hours to provide the Parks and Recreation Department with a new banner to be displayed. Any display interruption due to removal of the banner by the Director caused by any of the three reasons set forth above will not toll the time limitations referenced in Section 3- 13-5(C). E.Corporate and/or commercial sponsors and their logos may be listed on such banners,but the name and logo of the sponsor shall not exceed one-third (1/3)the height and length of the name of the event,as printed on the banner.Banners cannot be used by political candidates or political committees for campaign purposes. F.Permission to display banners may be revoked by the Director i f applicant fails to follow any of the above -noted requirements.Once the fourteen (14)day display period has expired,city personnel shall remove the banner(s)and shall store the banner(s)for fourteen (14)additional days,and shall thereafter discard such banner(s)if directed to do so in writing by applicant or if applicant fails to claim said banner(s)at the end of the storage period. ORDINANCE NO.1063 PAGE 3 OF 5 G.Applicant agrees to hold harmless and indemnify the City, its officers,agents and employees for any and all suits relating to any injury or accident or property damage caused by the banners. H.Any person aggrieved by any decision of the Director must file a written appeal with the City Manager,or designee thereof (hereinafter "City Manager"),within five (5) working days of such decision.The City Manager shall schedule a hearing and hold such hearing within five (5) working days upon receiving such notification.The City Manager shall inform the appellant in writing of the decision to overrule,modify or sustain the Director's action within three (3)working days after conclusion of the hearing.The decision of the City Manager shall be final. SECTION II.REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY If any section,subsection,sentence,clause,phrase or portion of this ordinance or any part or the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV.DECLARING AN EMERGENCY I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency is declared to exist and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 3RD DAY OF NOVEMBER ,1998. ORDINANCE NO.1063 PAGE 4 OF 5 SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER DOUGLAS Mayor ATTEST: Z L KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /0-/3-38 RICHARD J.STERN City Attorney ORDINANCE NO.1063 PAGE 5 OF 5 LEMAN ,1998.