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HomeMy WebLinkAboutORD 7192 TEMPORARY BANNER PROGRAM ORDINANCE NO. 7192 AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE; TO CREATE A NEW ARTICLE 3 IN CHAPTER 3 OF TITLE VI (LICENSE AND BUSINESS REGULATIONS), CALLED "ARTICLE 3 TEMPORARY BANNER PROGRAM "; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES ALLOWED BY LAW. BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, THAT THE AUGUSTA, GEORGIA CODE BE AMENDED AS FOLLOWS: SECTION 1. The AUGUSTA, GA. CODE is hereby amended by adding a new Article 3 to Chapter 3 of Title 6 (License and Business Regulations). Article 3 of Chapter 3 of Title 6 shall be designated "ARTICLE 3, TEMPORARY BANNER PROGRAM" and is set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances, all Policies and Procedures of the Facilities Management Division of Augusta, Georgia's Public Services Department, and all Policies and Procedures of Augusta, Georgia's License and Inspections Department in conflict herewith are hereby repealed. Adopted this 20thday of July , 2010. C ep 4C'I David S. Copenhaver — 712,./ �s its Mayor Attest ; / / IL/ iiI , ena J. Bonn r, c lerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta - Richmond County Commission on , 2010 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: August 5, 2010 First Reading July 2010 Second Reading July 20, 2010 EXHIBIT A Article 3, "TEMPORARY BANNER PROGRAM" shall be as follows: Sec. 6 -3 -29. Short Title. This article shall be known as the Temporary Banner Program. Sec. 6 -3 -30. Purpose. The purpose of this Article is to establish a program through which private entities may apply for and reserve the use of streetlight poles in downtown Augusta, Georgia for displaying banners that advertise the entities' events or gatherings in Augusta, Georgia. Sec. 6 -3 -31. Banner Zones. There are three (3) Banner Zones in the Temporary Banner Program: Event Zone 1, Event Zone 2, and the Convention Zone. Event Zone 1 contains the thirteen (13) streetlight poles in the median of Broad Street from 10 Street to 13 Street in downtown Augusta, Georgia. Each pole in Event Zone 1 is capable of supporting two (2) banners, and each banner must be eighteen (18) inches wide by thirty -six (36) inches tall. Event Zone 2 contains the eight (8) streetlight poles in the median of Broad Street from 5th Street to 6 Street in downtown Augusta, Georgia. Each pole in Event Zone 2 is capable of supporting one (1) banner, and each banner must be twelve (12) inches wide by twenty -four (24) inches tall. The Convention Zone contains the twenty -three (23) streetlight poles on 9` Street from River Street to Broad Street, the twenty (20) streetlight poles on 10 Street from River Street to Broad Street, and the thirteen (13) streetlight poles on the North side of Reynolds Street from 9 Street to 10` Street. Each pole in the Convention Zone is capable of supporting one (1) banner per pole, and each banner must be twelve (12) inches wide by twenty -four (24) inches tall. Sec. 6 -3 -32. Eligibility. Groups hosting a non - commercial, not - for - private -profit event, fund- raiser, educational campaign, or charitable drive or gathering in Augusta, Georgia are eligible to apply to reserve streetlight poles in Event Zone 1 and Event Zone 2. Event Zone 1 and Event Zone 2 may be used together or independently. Groups hosting an, event or convention at one or more of the following Augusta, Georgia -owned or operated facilities are eligible to apply to reserve streetlight poles in the Convention Zone: the James Brown Arena, the Bell Auditorium, the Augusta Conference Center, the Augusta Trade, Exhibition, and Events (TEE) Center, and the Jessye Norman Amphitheater. A group that satisfies the above eligibility requirements for Event Zone 1, Event Zone 2, and the Convention Zone may apply to reserve poles in all three (3) Banner Zones. Banners installed pursuant to the Temporary Banner Program may not be used to advertise individual private businesses, sell or promote products or services, or promote political agendas. Sec. 6 -3 -33. Application to the Temporary Banner Program. Those eligible groups described above in Section 32 of this Article may obtain a Temporary Banner Application from the License and Inspection Department of Augusta, Georgia, located at 1815 Marvin Griffin Road, Augusta, Georgia 30906. In completing the Temporary Banner Application, the applying entity, or its representative, must provide the contact information of the applicant, a selection of the Banner Zone(s) the applicant wishes to reserve (Event Zone 1, Event Zone 2, and /or the Convention Zone), a full -color .jpg (electronic version) of the applicant's banner design, a signed acknowledgement that the applicant has read the Temporary Banner Program Guidelines (a copy of which is provided to the applicant by the License and Inspection Department along with the Temporary Banner Application), and a signed indemnification agreement. Temporary Banner Applications may be submitted to the License and Inspection Department of Augusta, Georgia. Only completed Temporary Banner Applications will be reviewed. Sec. 6-3-34. Review of Application. After being received by the License and Inspection Department of Augusta, Georgia, completed Temporary Banner Applications will be reviewed by the Banner Ordinance Advisory Committee, which is comprised of a representative from Augusta, Georgia's License and Inspection Department, the Downtown Development Authority, and the Augusta Convention & Visitors Bureau. All applications and banner designs must be approved by the Banner Ordinance Advisory Committee because these banners will be displayed on Augusta, Georgia property and in public rights -of -way. Banner space on streetlight poles is awarded on a first -come, first - served basis. Temporary Banner Applications will be reviewed on a basis of compliance with the Temporary Banner Program Guidelines, not on content of the applicant's message. Sec. 6 -3 -35. Performance of Installation. Banners may only be installed by the Facilities Management Division of Augusta, Georgia, located at 501 Greene Street, Suite 301, Augusta, Georgia 30901, or by an authorized city contractor as established by annual bid, because the streetlight poles in the Banner Zones described in Section 31 of this Article are owned and maintained by Augusta, Georgia and are located in public rights -of -way, and because improperly attached banners could pose a serious risk to the health and property of Augusta, Georgia, its residents, and its visitors. To ensure timely installation, banners should be delivered to the Facilities Management Division ten (10) working days before the agreed -upon installation date. Banners received less than ten (10) days before the scheduled installation date may be assessed a ten dollar and zero cents ($10.00) per- banner late fee. Banners received after the deadline date may be subject to Augusta, Georgia's inability to hang the banners in a timely fashion. In some cases, banner installation may be delayed by weather, police action, or other unforeseen events. Sec. 6 -3 -36. Cost of Installation. Augusta, Georgia charges a single fee per pole to display a successful applicant's banners. The fee is seventy -five dollars and zero cents ($75.00) per streetlight pole when one (1) to ten (10) poles are reserved, and fifty dollars and zero cents ($50.00) per streetlight pole when eleven (11) or more poles are reserved. When an applicant's banners have been approved and installed, the applicant may apply to reserve the same poles on or about the same time for either the next year or the next two years from the date of first installation. This advance reservation must be accompanied by a non - refundable deposit of seventy -five dollars and zero cents ($75.00) that will be applied towards installation costs during the next year. These fees compensate Augusta, Georgia for the costs it will incur in displaying banners for successful applicants, such as labor and equipment costs, and do not create a profit for Augusta, Georgia. These fees cover Augusta, Georgia's installation and removal of the banners, bracket and pole hardware maintenance, and any adjustments should banners become dislodged or need other adjustments. Payment must be coordinated with the License and Inspection Department and made in full before a successful applicant's banners will be displayed. Sec. 6 -3 -37. Duration of Installation. Banners may be installed for a maximum of thirty (30) days, a minimum of fifteen (15) days, and will be removed promptly after completion of the event which they advertise. Approved banners may be installed no earlier than four weeks before the start of the event they advertise. In order to accommodate Augusta, Georgia's holiday decorations, banners may be displayed from January through September and all must be removed by October 15 During periods of heavy demand, the length of display may be limited to allow as many organizations as possible to participate. In case of advanced deterioration of the banners, or if a dangerous condition presents itself, Augusta, Georgia may, at its sole discretion, remove banners at any time. After banners have been removed, they must be picked up by the appropriate organization within thirty (30) days of removal at the Facilities Management Division. Augusta, Georgia is not responsible for storing privately owned materials, such as banners. Sec. 6 -3 -38. Liability. Augusta, Georgia is not responsible for the disappearance of or damage to banners from any cause including, but not limited to, wind, weather, theft, vandalism, fire, or other natural acts. The applicant or the organization it represents is responsible for installation costs of replacement banners. Augusta, Georgia cannot be held responsible for any loss of or damage to banners, or for any personal liability that may occur. As a prerequisite to having its banners displayed in the Banner Zones described in Section 31 of this Article, an applicant must complete and return the indemnification agreement that is included in the Temporary Banner Application, which is available from the License and Inspection Department. Sec. 6 -3 -39. Additional Information. Additional information regarding banner design and production, the timeline within which banners must be approved, installed, and removed, and more specific instructions and details regarding the Temporary Banner Program are available in the Temporary Banner Program Guidelines, which are available from the License and Inspection Department of Augusta, Georgia. The Temporary Banner Program Guidelines contain the Temporary Banner Application that each applicant must complete and return in order to begin the process of banner approval and installation. Compliance with Augusta, Georgia's Temporary Banner Program as set forth herein is not complete until the applicant has read and complied with the additional material provided in the Temporary Banner Program Guidelines and the Temporary Banner Application. Only upon complete compliance with the Temporary Banner Program will an applicant's banners be displayed in the Banner Zones described in Section 31 of this Article. Sec. 6 -3 -40. Administration and Enforcement. The director of the License and Inspection Department shall have the power and authority to make, publish, and amend reasonable rules, regulations, and guidelines in a manner not inconsistent with this article or other laws of Augusta - Richmond County, the State of Georgia, or the United States of America, including the Constitution of the State of Georgia or the Constitution of the United States of America, for the administration and enforcement of the provisions of this article and the collection of the fees imposed hereunder. Sec. 6 -3 -41— 6 -3 -50. Reserved.