HomeMy WebLinkAbout4401ORDINANCE NO. 44OL
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Title 6 of the
Kent City Code by adopting a new chapter 6'17
establishing standards for the display of public
service messages, events, and artwork on street
banners, pole banners and electronic messaging
center signs and also amending the provisions within
Kent City Code 15.06.060 referencing banners.
RECITALS
A. The City desires to allow for the display of public service
messages, announcements promoting events or tenants at city-owned
facilities, and community events, on street banners hung from city-owned
infrastructure across city rights-of-way, on city-owned infrastructure and on
electronic messaging center signs. Additionally, the City would like to allow
for the display of art on city-owned infrastructure, such as streetlights.
B. The city-owned infrastructure and electronic messaging center
signs upon which the street and pole banners may be hung are not open
public forums. They are limited public forums that can be used only for the
specific purposes described in this ordinance.
C. This ordinance establishes minimum rules and regulations to
safely allow forthe display of street banners and pole banners and a process
by which organizations and other applicants may apply for the display of
' AdoPt ChaPter 6-77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06'060
1
street and pole banners and messages on the electronic messaging center
signs,
D. This ordinance also amends the references within
KCC 15.06.060 to banners, specifying that pole and street banners are
regulated within this new chapter 6.L7. Additionally, the outdated term
"wheelchair ramp" has been replaced with curb ramp in this same section.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7. - New Chapter. Title 6 of the Kent City Code is amended
by adding a new chapter 6.L7, entitled "street banners, pole banners, and
electronic messaging center signs standards," to read as follows:
CHAPTER 6.L7
STREET BANNERS, POLE BANNERS, AND ELECTRONIC MESSAGING
CENTER SIGNS STANDARDS
Sec. 6.17.O1O. PurPose.
A, The purpose of this chapter is to establish minimum rules and
regulations to safely allow for the display of public service messages;
announcements promoting events or tenants at city-owned facilities;
community events; and artwork on street banners hung from city-owned
infrastructure across city rights-of-way, on city-owned infrastructure, and
on electronic messaging center signs'
Adoqt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
2
B. The city-owned infrastructure and electronic messaging center signs
upon which the street and pole banners are hung are not open public forums.
They are limited public forums that can be used only for the specific purposes
described in this chapter 6.17 KCC.
Sec, 6.17.O2O. Definitions. The following words, terms, and phrases,
when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
A. City-owned infrastructure means poles, street light standards, or
other street-related appurtenances located in rights-of-way and owned by
the city of Kent.
B. City-sponsored means an organization that receives funding from the
city; has a contractual relationship with the city; receives in-kind services
from city staff; or the city of Kent is a member of the applying organization.
C, Communications manager means the city's communications manager
or the manager's designee.
D Director means the city of Kent public works director, or designee'
E. Electronic messaging center sign means a variable message sign that
utilizes computer-generated messages or some other electronic means of
changing copy. These signs include displays using incandescent lamps,
LEDs, LCDs, or PDPs.
F. pole banner means a banner which is hung vertically from city-owned
infrastructure in the right-of-way'
AdoPt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
3
G. Public service message means a message posted and displayed by a
governmental agency intended to protect and regulate the public health and
safety or to convey information or news of interest to the general public'
H. Street banner means a sign composed of a durable, non-rigid
material such as cloth or canvas which is hung above or across a right-of-
way.
L Street manager means the department of public works street and
vegetation manager, or designee.
Sec. 5.16.030. General Requirements.
A. Street banners, pole banners, and electronic messaging center signs
may only be used to disPlaY:
1. promotions for community events located in the city of Kent
and sponsored by the city and/or a Kent-based nonprofit organization;
2. Promotions for tenants or events at a city-owned facility; and
3. Public service messages.
Street banners and pole banners may also be used to display decorative
images or public art,
B, Organizations displaying on street banners, pole banners, and
electronic messaging center signs may not discriminate in regard to race'
Creed, Color, natiOnal Origin, Sex, religiOn, age, marital statuS, veteran
AdoPt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
4
status, disability status, sexual orientation, or any other basis prohibited by
federal, state, or local law.
c Promotions, public service messages and decorative images shall not:
1. Advertise products or services;
2. Contain political or campaign messaging or graphics;
3. Contain language that discriminates in regard to race, creed,
color, national origin, sex, religion, age, marital status, veteran status,
disability status, sexual orientation, or any other basis prohibited by federal,
state, or local law; or
4. Contain corporate names or logos that exceed ten percent of
the area of each side of the total banner area.
D. Decorative images and art shall enhance the overall appearance,
image, and design character of the street'
Sec. 6.17.O4O. Standards, Street banners, pole banners, and messaging
on the city's electronic messaging center signs shall comply with the
standards as set forth in this Section.
A. Street banners:
1. shall only be installed at pre-approved locations;
2. shall maintain minimum clearance of fifteen feet above all non-
roadway right-of-way surfaces and twenty feet above all roadway surfaces;
AdoPt ChaPter 6'77 KCC
Streef Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75'06.060
5
3. shall have a minimum size of three feet high by twenty-five
feet wide and a maximum size of four feet high by thirty feet wide;
4. shall be manufactured or produced by a commercial banner
company, not homemade;
5. shall have wind load slots or flaps;
6. shall have grommets spaced approximately every three feet
along the top and bottom of the banner placed one-half inch to three-
quarters inch from the center of the grommet to the finished edge. All four
corner grommets must be reinforced so as not to rip;
7. shall limit the amount of text and the number of colors to avoid
distracting drivers;
g. shall not create confusion with traffic signals or signs by
including words on a banner such words as STOP, YIELD, SLOW, etc' Neither
shall the banner contain icons of any traffic signaling, colorations or
instructions;
9. shall not include internet addresses or e-mail addresses,
including domain names and uniform resource locators (URL);
10. shall be printed on both sides; and
11.shall have graphics and message approved priorto being hung.
AdoPt ChaPter 6'77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
6
B. Pole banners:
1, shall only be installed at pre-approved locations;
2. shall be eighteen inches wide by fifty-nine inches long;
3. shall be manufactured or produced by a commercial banner
company, not homemade;
4. shall be printed on both sides; and
5, shall have graphics and message approved prior to being hung.
C. Messaging on the city's electronic messaging center signs shall not
contain video, animation, blinking or flashing messages or images, and shall
not change message more than eight times per minute'
Sec. 6,17.O5O. Priority Use for Street Banners, Pole Banners
and Electronic Messaging Center Signs. The city of Kent, its programs
and city-owned facilities have priority use of street banners, pole banners,
and electronic messaging center signs' Other governmental, utility, or Kent-
based non-profit organizations working in partnership with the city will have
use of city-owned infrastructure to display street banners, pole banners or
the use of the city's electronic messaging center sign on a prioritized space
available basis as specified within this section 6.17,050 and in compliance
with section 6.17.060.
AdoPt ChaPter 6'77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
7
A. Priority 1. Emergency notifications; and the city of Kent, its
departments, programs, committees, and events and tenants at city-owned
facilities.
B, priority 2, Special districts, utilities and community-based non-profits
organizations serving the city of Kent.
C, Priority 3. Other public service messages
Sec. 6.17,060. Approval, Applications, and Fees'
A, Approval required. No person shall install or cause to be installed a
street banner, a pole banner, or electronic messaging center sign without
approval in conformance with this chapter. Approval for street banners or
pole banners shall be issued only upon approval by the director with
concurrence from the street manager and communications manager. The
communications manager is responsible for the approval of an application
to display messaging on electronic messaging center signs.
B. Application timing. Applications to install a street banner, pole banner
or messaging on electronic messaging center signs must be submitted at
least thirty days in advance of the installation and no more than six months
prior to the proposed installation.
C, Required information.
1. Organization name;
2. Copy of IRS tax-exempt certificate;
AdoPt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75'06.060
B
3. Organization contact information;
4. Description and date of community event; text of public service
message; or depiction of art work for pole banner(s); and
5 Proposed location for street banner or pole banner(s)'
D. Installation and Removal
1. All street banners, pole banners, and messaging on electronic
messaging center signs will be installed and removed by city staff, as
directed by the street manager or the communications manager on a
scheduled installation or removal date. The street manager will maintain a
list of approved locations for street banner and pole banner installations,
which may be updated at the City's sole discretion'
2. Street banners and pole banners shall be hung no more than
one month in advance of a community event and city staff will remove street
banners and pole banners approximately within three business days
following the event.
3, Street banners and pole banners must be delivered to the City
of Kent public Works Department no later than five business days prior to
the scheduled installation date. Street banners and pole banners received
late will only be hung as workload allows.
4. Organizations must collect all street and pole banners within
fourteen days of removal,Any banners remaining on or after the fifteenth
day will be considered abandoned and disposed of by the city.
AdoPt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
9
5. Fees for installation and removal of the street banners or pole
banners by city staff will be charged at the staff's established billable rate
plus the cost of any materials necessary for the installation or removal'
These fees shall be payable in advance.
6, Fees for use of the electronic messaging center signs will be
charged at the established rate.
sec. 6.L7.O7O. Administration. The communications manager
is authorized to implement and administer this section and to develop a
policy and procedures to implement and enforce this section' This policy
may include, but is not limited to, setting forth additional priorities for
applications to install a street banner or pole banner or display messaging
on the city's electronic messaging center sign and to designate specific
geographical areas within the city in which commercial and promotional
advertising may be permitted on pole banners.
Sec. 6.17.O8O. Enforcement.
A. Any street or pole banner installed without approval may be removed
by City staff and destroyed if not claimed within seven calendar days' The
owner of the street or pole banners will also be assessed the costs and
expenses related to removal of the street or pole banner(s) by city staff.
B. All other signs are prohibited for private purposes on any equipment,
facilities and structures, including, but not limited to, power poles, telephone
poles, street light standards, sign posts, trees, traffic controllers, markers,
railings, bridges, overpasses, and public buildings'
10 AdoPt ChaPter 6'77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75'06'060
SE'TION 2. - Amendment - KCC 15.06.060. section 15.06'060 0f
the Kent City Code, entitled "Regulations for public places and city right-of-
way:' is amended as follows:
Sec. 15.O6.050. Regulations for public places and city right-
of-way.
Signs may be placed on a public place without a permit only as follows:
A, Portable signs. Portable signs as defined herein may be placed on a
public place without a permit upon the following conditions:
1, The location of the sign shall not reduce or obstruct pedestrian
passage on the sidewalk to less than four feet to the nearest street trees,
utility poles, traffic control signs and devices, parking meters, fire hydrants,
buildings and other similar devices and structures. Furthermore, such
placement shall be consistent with any applicable standards established by
the Americans with Disabilities Act and shall not obstruct vehicular traffic or
parking or the use of any crosswalk, wt+eetehairgutL ramp' bus, or taxi zone'
Z. No portable signs shall be installed or placed upon power poles,
telephone poles, street light standards, sign posts, trees, traffic controllers,
markers, On any railing, fenCe, bridge, overpass, street, crOsswalk, public
building, or lawn or open area surrounding any public building'
3. No portable sign shall be placed within 10 feet of a driveway'
wneefenair-zufb-ramp, crosswalk, or intersection or placed or situated on a
public place in such a way as to constitute a threat to the health, safety and
welfare of the public or interfere with the use of the public place. Such signs
shall not obstruct sight distance per KCC 15.06.040(D)'
11 AdoPt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
4. portable signs shall be installed so that the top of the sign does
not exceed an elevation of 36 inches higher than the height of the sidewalk,
bike path or walkway. Where these improvements do not exist, the 36-inch
height limitation shall be measured from the highest edge of the street, alley
or driveway. Signs may also not exceed a width of 36 inches and shall not
be installed in locations where the width of the sign would impede safe
travel.
5. portable signs shall be constructed of weather-resistant wood,
metal or plastic. Canvas, cardboard and paper signs are prohibited'
6. Attachment of paper, plastic, balloons, or cardboard to a sign
is not permitted if such attachment extends the approved height or width of
the sign.
7. Portable signs shall not be weighted down, or otherwise
attached to public property in such a way as to resist impact by a traveling
vehicle, bicycle or Pedestrian.
B. Banners, Street may be placed on ffit+bl+€
el-aeecitv-owned infras only by eermit-ABproval-pursuant to the
provisions of '
C. Other. All other signs are prohibited on public places for private
purposes and on any equipment, facilities and structures located upon public
places, including, but not limited to, power poles, telephone poles, street
light standards, sign posts, trees, traffic controllers, markers, railings,
bridges, overpasses, and public buildings.
L2 AdoPt ChaPter 6'77 KCC
Sfreet Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06'060
D. Removal. Owners of signs and banners displayed for temporary
events shall be responsible for their removal within seven calendar days
following the last date of the event or the activity for which the signs were
displayed. Signs that are faded, torn, broken or otherwise in a state of
disrepair shall be removed by the owner immediately'
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 4.Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
referenceS to Other lOCal, State, or federal laws, codes, rules, Or regulations'
SECTION S. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law.
DANA RALPH, MAYO
Aoril 20,2O2t
Date Approved
ATTEST
Aoril 2 .2021
KIMBERLEY KOMOTO, C CLERK Date Adopted
Aoril 23. 2O2L
Date Published
13 AdoPt ChaPter 6.77 KCC
Street Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06.060
APPROVED AS
UR *PAT" FITZPATRI , CITY ATTORNEY
f,-r.[-1 4i,
IS .-ii-i .l,tu
L4 AdoPtChaPter6.TT KCC
Sfreet Banners, Pole Banners
and Electronic Messaging Center Signs
and amend KCC 75.06,060
OVztL
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice #KENe2s2ss
was
The
sum
published on April 23, 202L
full amount of fee charged for said foregoing publication is the
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 23d day of April,202L.
otary Public for the State of Washington, Residing in
Washington
P,url"m
Classified Proof
CITYOF KENT
NOTICE OF
ORDINANCE
PASSED SY THE CIW
couNclL
The following is a sunF
marv of an ordinance
oasied bv the Kent CitY
bounol 'on APril 20'
2A21.
oRI}INANCE NO. 4401
- AN ORDINANCE of the
Cih Council of the CitY
of - Kent, Washinglon,
amending Title 6 of the
Kent Citv Code bY
adopiing i new chaPter
6.17 establishing stan-
dards for the disPlaY of
oublic service messag-
bs. events. and artwotk
on street banners, Pole
banners and electronic
rnessaging center signs
and also amending the
orovisions wilhin Kenl
bity code 15.06.060 ref-
erencing banners.
This ordinance shall take
effeot and be in force 30
davs from and after its
pris"ge. as Pmvided bY
law.
A coDv of the comPlete
text cjf'anv ordinance will
be maileri upon request
of lhe City Clork-
Kirnbedey A. Komolo'
Citv Clerk
kKirmoto@KentWA.gov
253€56-5725
# 9?5255
4t23121
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