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HomeMy WebLinkAbout2018-10-10 18-382 Order 09/24/201818-382 09/24/2018 18-382 Legal Order N/A Title, Order Adopting a Policy for Temporary Holiday Displays on City Property This Order will adopt a policy for temporary holiday displays in a portion of Norumbega and Pierce Parks. Organizations or persons may wish to have temporary holiday displays on property of the City, particularly in the downtown area. There is limited property of the City for such displays that will not interfere with other use of City property. A policy for the use of City property for displays to provide a clear understanding of the conditions, standards, and guidelines is appropriate. Recommend for passage Consent 09/24/201818-382 CITY OF BANGOR ORDER 09/24/2018 18-382 Davitt Adopting a Policy for Temporary Holiday Displays on City Property WHEREAS, the City of Bangor recognizes that some organizations or persons may wish to have holiday displays on property of the City; and WHEREAS, there is limited property of the City for such displays; and WHEREAS, a policy for the use of City property for displays to provide a clear understanding of the conditions, standards, and guidelines is appropriate. Be it Ordered by the City Council of the City of Bangor that, The attached "Policy for the Use of City Property for the Purpose of Temporary Holiday Displays" is hereby adopted by the City Council. 18-382 As Amended October 10, 2018 CITY OF BANGOR POLICY FOR USE OF CITY PROPERTY FOR THE PURPOSE OF TEMPORARY HOLIDAY DISPLAYS WHEREAS, the City of Bangor recognizes that some organizations or persons may wish to have holiday displays on property of the City; and WHEREAS, there is limited property of the City for such displays; and WHEREAS, a policy for the use of City property for displays to provide a clear understanding of the conditions, standards, and guidelines is appropriate. THEREFORE, displays are permitted as described herein. 1. Permitted area for displays The property of the City of Bangor for temporary holiday displays (hereinafter "displays") shall be a portion of Pierce Park (the property) as more particularly shown on Exhibit A, attached hereto. 2. Conditions for displays a. Displays shall not be illuminated by periphery, flashing, intermittent, rotating, or moving lights. Any lighting shall not produce glare upon streets or adjacent property. b. No flames, including but not limited to candles or fires, may be used in the display. c. Displays must be placed in the designated location and may not be moved while displayed without the written approval of the Director of Parks and Recreation. d. No signs or banner shall be permitted except that a single stationary non -illuminated sign shall be displayed to identify the person or organization sponsoring the display. Said sign shall not exceed two (2) square feet in area. e. Displays shall not obstruct or impede pedestrian traffic. f. Displays shall not be larger than ten (10) feet in height, ten (10) feet in width (length) or six (6) feet in depth. 18-382 As Amended October 10, 2018 h. Displays shall not include a sound reproduction device or produce noise of any kind. No sound amplificatory equip shall be used by the sponsor of the display or any person involved with the display. i. Displays shall be permitted for a period not to exceed eight (8) consecutive days, including the day of the holiday and shall be immediately removed at the expiration of the time allowed. By execution of the agreement any organization or person using property of the City of Bangor expressly grants permission to the City of Bangor to remove the display after the expiration of the time allowed and to pay the City of Bangor the cost of such removal. j. The use of generators is prohibited. 3. City position on displays The City of Bangor will not co-sponsor any display. The granting of any permit for a display shall not be deemed support of the display by the City of Bangor. 4. Liability and Indemnification a. Organizations or persons using City of Bangor property for displays shall be responsible for returning the areas used to their condition prior to any display being made and shall be responsible for the cost and repair for any vandalism, damage, breakage, loss, or other destruction caused by their activities. b. Organizations or persons using City of Bangor property for displays shall execute a release releasing the City of Bangor, its officers, agents, and employees from any and all damages, claims, or other liabilities due to personal injury or death, or damage to or loss of property to others arising out of their use of property of the City of Bangor for a display, except to the extent of the sole negligence of the City of Bangor 5. Application a. Organizations or persons using City of Bangor property for displays shall complete and sign an application that can be obtained from the Parks and Recreation Department. b. The fee for a permit to erect a temporary holiday display shall be twenty-five dollars ($25.00) payable at the time the application is submitted. 18-382 As Amended October 10, 2018 6. Procedure a. Requests for reserving space for displays shall be made in writing on the form attached hereto. b. The form shall be submitted to Parks and Recreation Department no more than thirty (30) days, and no fewer than fourteen (14) days prior to the date requested for the display to start. c. Requests shall be reviewed by the Director of Parks and Recreation. d. Upon approval the applicant shall be provided with a signed copy of the permit. e. When more than one application has been received by the City for the same space at the same time, the City, in its sole discretion, may designate other areas of the property in Pierce Park designated for display (Exhibit A) for one or more of the applicants. Priority shall otherwise be given on a first-come, first-served basis. f. If the application is denied, such denial shall be in writing and shall state the reasons for the denial. The applicant shall have the right to appeal said denial to the City Manager or his or her designee, said appeal to be in writing setting forth the basis of the appeal (reasons why the applicant asserts the denial was improper) within five (5) days of receipt of the written denial. The City shall render a decision on an appeal within fourteen (14) days of the receipt of the appeal. 7. Reasons for denial Reasons for denial of an application may include, but are not limited to: a. The applicant has previously had a permit for display and damaged property of the City; and/or b. The applicant has previously had a permit for display and failed to pay money due the City under the terms and conditions of the permit/agreement; and/or c. The applicant has previously had a permit for display and failed to remove the display as required. 8. The City reserves the right to suspend or modify this Policy and adopt temporary emergency policies for specific periods, if necessary for public safety, to accommodate an increase or decrease in demand or access or to protect public property and its occupants during periods of heightened security or special circumstances. 18-382 OCTOBER 10, 2018 WK9810MWE 9/12/2018 8:53,56 AM 1150 ID 00 D 004 0,008 mi gMata,GSAIDMIN ParcOs Suit 0 WD0325 0 OM -5 0 013 Or, e B wp r ip w,y(,v #,& er 18-382 OCTOBER 10, 2018 CITY OF BANGOR POLICY FOR USE OF CITY PROPERTY FOR THE PURPOSE OF TEMPORARY HOLIDAY DISPLAYS WHEREAS, the City of Bangor recognizes that some organizations or persons may wish to have holiday displays on property of the City; and WHEREAS, there is limited property of the City for such displays; and WHEREAS, a policy for the use of City property for displays to provide a clear understanding of the conditions, standards, and guidelines is appropriate. THEREFORE, displays are permitted as described herein. 1. Permitted area for displays The property of the City of Bangor for temporary holiday displays (hereinafter "displays") shall be a portion of Norumbega Park and Pierce Park (the property) as more particularly shown on Exhibit A, attached hereto. 2. Conditions for displays a. Displays shall not be illuminated by periphery, flashing, intermittent, rotating, or moving lights. Any lighting shall not produce glare upon streets or adjacent property. b. No flames, including but not limited to candles or fires, may be used in the display. c. Displays must be placed in the designated location and may not be moved while displayed without the written approval of the Director of Parks and Recreation. d. No signs or banners shall be permitted except that a single stationary non -illuminated sign shall be displayed to identify the person or organization sponsoring the display. Said sign shall not exceed two (2) square feet in area. e. Displays shall not obstruct or impede pedestrian traffic. f. Displays shall not be larger than ten (10) feet in height, ten (10) feet in width (length) or six (6) feet in depth. 18-382 OCTOBER 10, 2018 h. Displays shall not include a sound reproduction device or produce noise of any kind. No sound amplificatory equipment shall be used by the sponsor of the display or any person involved with the display. i. Displays shall be permitted for a period not to exceed eight (8) consecutive days, including the day of the holiday and shall be immediately removed at the expiration of the time allowed. By execution of the agreement any organization or person using property of the City of Bangor expressly grants permission to the City of Bangor to remove the display after the expiration of the time allowed and to pay the City of Bangor the cost of such removal. j. The use of generators is prohibited. 3. City position on displays The City of Bangor will not co-sponsor any display. The granting of any permit for a display shall not be deemed support of the display by the City of Bangor. 4. Liability and Indemnification a. Organizations or persons using City of Bangor property for displays shall be responsible for returning the areas used to their condition prior to any display being made and shall be responsible for the cost and repair for any vandalism, damage, breakage, loss, or other destruction caused by their activities. b. Organizations or persons using City of Bangor property for displays shall execute a release releasing the City of Bangor, its officers, agents, and employees from any and all damages, claims, or other liabilities due to personal injury or death, or damage to or loss of property to others arising out of their use of property of the City of Bangor for a display, except to the extent of the sole negligence of the City of Bangor 5. Application a. Organizations or persons using City of Bangor property for displays shall complete and sign an application that can be obtained from the Parks and Recreation Department. b. The fee for a permit to erect a temporary holiday display shall be twenty-five dollars ($25.00) payable at the time the application is submitted. 18-382 OCTOBER 10, 2018 6. Procedure a. Requests for reserving space for displays shall be made in writing on the form attached hereto. b. The form shall be submitted to Parks and Recreation Department no more than thirty (30) days, and no fewer than fourteen (14) days prior to the date requested for the display to start. c. Requests shall be reviewed by the Director of Parks and Recreation. d. Upon approval the applicant shall be provided with a signed copy of the permit. e. When more than one application has been received by the City for the same space at the same time, the City, in its sole discretion, may designate other areas of the property in Norumbega Park or Pierce Park designated for display (Exhibit A) for one or more of the applicants. Priority shall otherwise be given on a first-come, first-served basis. f. If the application is denied, such denial shall be in writing and shall state the reasons for the denial. The applicant shall have the right to appeal said denial to the City Manager or his or her designee, said appeal to be in writing setting forth the basis of the appeal (reasons why the applicant asserts the denial was improper) within five (5) days of receipt of the written denial. The City shall render a decision on an appeal within fourteen (14) days of the receipt of the appeal. 7. Reasons for denial Reasons for denial of an application may include, but are not limited to: a. The applicant has previously had a permit for display and damaged property of the City; and/or b. The applicant has previously had a permit for display and failed to pay money due the City under the terms and conditions of the permit/agreement; and/or c. The applicant has previously had a permit for display and failed to remove the display as required. 8. The City reserves the right to suspend or modify this Policy and adopt temporary emergency policies for specific periods, if necessary for public safety, to accommodate an increase or decrease in demand or access or to protect public property and its occupants during periods of heightened security or special circumstances. 18-382 ArcGIS Web Map OCTOBER 10, 2018 9!6/2018 8 16'55 PM 1.'250 glsd— GISACMIN.. Parc. 1s 0 0.003 0.005 0.012- SUMIot 0 0.005 0 01 0 02 km it 0 0021 0 004 Eq 008 riA giisdata.G&SADMIN Parcels i-1Ta aI 0 p.003LL 5r 0.0060 00133 k" aul�rat 4T.j� �Y,ha=HyVYG'dm^.R;I'o'Evu+:U' IN CITY COUNCIL OCTOBER 10, 2018 CO 18-382 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO AMEND POLICY FOR ALLOWING DISPLAYS ONLY IN PIERCE PARK MOTION MADE AND SECONDED FOR PASSAGE AS AMENDED PASSED AS AMENDED f;A") er74-6-vi CITY CLERK