§ 3-5. Signs, banners across streets.

(a)

The city hereby creates a limited public forum for the purpose of allowing organizations that are promoting community, charitable, historical, religious or other civic events and activities to display banners across certain duly designated public streets and sidewalks.

(b)

No person shall erect or place any sign or banner of wood, cloth, metal or other material across any street or sidewalk in the city without obtaining a permit from the city's department of parks and recreation. The application for a permit shall include (i) the name, address and telephone number of the person requesting the permit (ii) the name and address of any organization or group the applicant is representing (iii) the type of community, charitable, religious or other civic event or activity that is being promoted (iv) the length of time the applicant wishes to display the banner (v) the size of the banner, the materials out of which the banner is constructed and the location where the banner is to be displayed and (vi) any information the parks and recreation department may deem reasonably necessary for the public health safety and welfare. The department of parks and recreation shall either issue or deny the permit within ten days of receipt of the completed application. The permit shall contain such conditions as the department of parks and recreation deems necessary to protect the public health, safety and welfare and shall specify the period of time that the sign/banner may be erected. If two or more applications are submitted requesting a permit for a banner at the same time and location, the application first filed shall be granted if it meets the requirements of this section. The sign/banner shall not be closer than 15 feet to the street or sidewalk level. The applicant must execute an agreement holding the city harmless against all claims for personal injury or property damage resulting from the use of the public right-of-way and must furnish the city with a certificate of insurance with general liability and property damage coverage. The applicant shall submit a letter from the persons or firm, which includes the address and phone number that will be erecting and removing the sign/banner.

(c)

Every person applying for a permit to erect a sign or banner over any public street or sidewalk shall furnish the department of parks and recreation a certificate of liability insurance, on forms furnished by said department for the purpose, certifying that the person applying for the permit has liability insurance for personal injury or death and damages to property resulting from the display of the sign or banner in such amount as shall be determined to be appropriate by the department of parks and recreation and the risk management division, the city shall be named as an additional insured on the certificate of insurance. The certificate of insurance shall show the name of the insurance company, name of insured, address of insured, location of insured premises, insurance policy number, date insurance policy issued, expiration date of insurance policy, limits of policy, type of insurance, and a clause providing that in case of cancellation of insurance policy the city shall be given ten days' notice prior to such cancellation.

(d)

If the sign/banner is damaged or in need of repair and poses a threat to the safety of the general public the applicant will be notified and have two business days to remove same. If the applicant fails to remove the sign/banner after the two days notice the city will have the sign/banner removed at the expense of the applicant. When, in the opinion of the department of parks and recreation, the presence of the sign or banner results in a condition that creates an immediate and serious threat to the safety of the public, the department of parks and recreation may have the sign or banner removed without prior notice. The owner of the sign or banner shall be responsible for paying the costs of removal.

(e)

If the applicant fails to remove the sign/banner after the event or upon expiration of the specified time period, whichever shall come first, the city shall have the sign/banner removed at the expense of the applicant.

(f)

No permit shall be denied because of the content of the message of the banner. Any person or organization who is denied a permit may appeal the denial to the city manager or his designee, by filing with the city manager's office, within five working days of the denial, a written notice of the appeal and the grounds therefore. The city manager, or his designee, shall act upon the appeal within five, working days, after its receipt. The decision of the city manager, or his designee, may be appealed to the circuit court of the City of Lynchburg, in accordance with the laws of the state.

(g)

A violation of this section shall constitute a class 3 misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense.

(Ord. No. O-95-087, 4-11-95; Ord. No. O-97-083, 5-13-97; Ord. No. O-04-074, 6-22-04; Ord. No. O-97-050, 4-24-07)

(Ord. No. O-95-087, 4-11-95; Ord. No. O-97-083, 5-13-97; Ord. No. O-04-074, 6-22-04; Ord. No. O-97-050, 4-24-07)