§ 24-208. City Banner Display Program.

(a)

Notwithstanding any other section of this article, the Chief Administrative Officer, in coordination with the Urban Design Committee, is authorized to administer and promote a City Banner Display Program, subject to the following restrictions and conditions:

(1)

Display of banners, flags, and pennants (collectively referred to as "banners") as part of the City Banner Display Program shall be permitted only on designated public property within the public way and only in those areas of the City zoned for uses other than residential or mixed residential use except the area along Franklin Street from Harrison Street to Belvidere Street, along Belvidere Street from Franklin Street to Main Street, along Main Street from Belvidere Street to Laurel Street, along Laurel Street from Main Street to Franklin Street, along Leigh Street from Second Street to Fourth Street and from Eighth Street to 11th Street, along Jackson Street from Third Street to Eighth Street, along Third Street from Clay Street to Jackson Street, along Fourth Street from Leigh Street to Jackson Street, along West Cary Street from South Meadow Street to South Harrison Street, along Lombardy Street from Brook Road to Admiral Street, along West Cary Street between South Thompson Street and South Boulevard, along Grove Avenue between North Belmont Avenue and North Boulevard, along North Belmont Avenue between Grove Avenue and Ellwood Avenue, along South Belmont Avenue between Ellwood Avenue and West Cary Street, along North Sheppard Street between Grove Avenue and Ellwood Avenue, along South Sheppard Street between Ellwood Avenue and West Cary Street, along North Robinson Street between West Broad Street and West Main Street, along South Robinson Street between West Main Street and the Downtown Expressway, and the Downtown Special Services Districts.

(2)

Banners displayed as part of the City Banner Display Program shall have been created or commissioned by the City, at the direction of the Chief Administrative Officer, or shall have been received and accepted by the City as a gift, along with any hardware determined to be necessary for the display of such donated banners.

(3)

Banners displayed as part of the City Banner Display Program shall not bear commercial advertising; political campaign promotion; or other political, religious or personal statements or messages.

(4)

Prior to acceptance and display as part of the City Banner Display Program, proposed banners shall be reviewed as to their content and form by the Urban Design Committee, in accordance with this section and design criteria which shall be established by the Committee and approved by the Chief Administrative Officer. Decisions of the Urban Design Committee with regard to acceptance and display of banners may be reviewed and modified, as necessary, by the Chief Administrative Officer.

(5)

The number of banners to be displayed and the location and means or method of display shall be approved by the Urban Design Committee, subject to review by the Chief Administrative Officer, with due consideration for public safety and aesthetic concerns.

(6)

Banners may be displayed for such reasonable time period as may be established in each instance by the Urban Design Committee, subject to review by the Chief Administrative Officer, as necessary, provided that any banner displayed during such time period shall be and remain in conformity with all of the original specifications concerning size, quality and materials, and content and any other criteria initially considered in approving the banners for display.

(7)

Banners may be approved for periodic, repeated display, as for seasonal displays or annual observances. Continued approval for such periodic displays shall be contingent upon appropriate arrangements for storage of banners and the maintenance of the banners in a suitable condition for display.

(b)

Notwithstanding any limitation expressed in Section 2-89, the Chief Administrative Officer, for and on behalf of the City, is hereby authorized to accept, without regard to the value or amount, gifts of banners, hardware necessary for display of banners, or in-kind services pertaining to the preparation or display of banners, in connection with and in furtherance of the City Banner Display Program.

(c)

Upon the removal of any banners at the end of the final time period established for display or at such earlier time as removal may become necessary, the Chief Administrative Officer is authorized to sell such banners at a special public auction or through regular sale as surplus City property or to dispose of such banners in any other manner as may be appropriate under the circumstances, where such banners are deemed to have little or no value as items for sale.

(Code 1993, § 25-116; Code 2004, § 90-256; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2008-278-269, § 1, 11-24-2008; Ord. No. 2009-85-67, § 1, 5-26-2009; Ord. No. 2010-42-46, § 1, 2-22-2010; Ord. No. 2013-239-220, § 1, 12-9-2013)

(Code 1993, § 25-116; Code 2004, § 90-256; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2008-278-269, § 1, 11-24-2008; Ord. No. 2009-85-67, § 1, 5-26-2009; Ord. No. 2010-42-46, § 1, 2-22-2010; Ord. No. 2013-239-220, § 1, 12-9-2013)