HomeMy WebLinkAbout2023-10-23 23-328 OrderCITY COUNCIL ACTION
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23-328
OCTOBER 23,2023
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Use of Certain City Property Policy
1.0 PURPOSE
The purpose of this policy is to establish a clear understanding of the conditions,
standards, and guidelines for use of certain city property that:
• Ensures that use of City property is consistent with the values and character of the
City;
• Ensures that the process for use of City property is consistent and fair;
• Minimizes conflict and provides a forum for meaningful discussion about the use of
City Property.
2.0 USE OF A DESIGNATED AREA OF PIERCE PARK FOR TEMPORARY DISPLAYS
Any citizen may request the use of a designated area in Pierce Park for the purpose of a
temporary display. This designated area of Pierce Park will be considered a public
forum with respect to such displays, and the granting of any permit by the City allowing a
temporary display in this designated area of Pierce Park shall not be deemed as official
support of the display by the City of Bangor.
2.1 The area of Pierce Park designated for temporary displays by citizens is shown
on Exhibit A, attached hereto.
2.2 All requests for a public display in the designated area of Pierce Park shall be
made in writing to the City of Bangor Parks and Recreation Department via a
display permit application (Exhibit B, attached hereto).
2.2.1 All requests shall be submitted 30 calendar days prior to the creation of
the display. The deadline may be waived at the discretion of the Director
of Parks and Recreation if the nature of the display allows for more rapid
review.
2.2.2 Any request made that is deemed to be an event by the Director of Parks
and Recreation shall fall under the City of Bangor Event Permit policy,
and the applicant shall be required to follow the procedure(s) set forth in
said policy.
2.3 The Parks and Recreation Department reserves the right to bring requests for
public display before the Government Operations Committee, or City Council
Workshop, of the Bangor City Council.
2.4 Requirement for insurance coverage: Proof of comprehensive general liability
insurance must be provided at the request of the City. When insurance is
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required, a valid certificate of insurance must be provided naming the City of
Bangor as an additional insured and must be received before the City will issue
an approved permit. The insurance policy should be specific to the proposed
display and/or cover all activities of the sponsoring organization. The insurance
coverage must be, at a minimum, $1,000,000 per occurrence. A higher amount
may be required.
2.5 General requirements for temporary 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.
g) 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.
h) Displays shall be permitted for a period not to exceed eight (8) consecutive
days, 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.
i) The use of generators or other similar equipment is prohibited.
j) Environmental impacts such as those caused by helium balloons shall be
minimized. Mylar balloons are prohibited, and no helium balloons shall be
released into the air.
3.0 Ceremonial Use of Statues and Monuments
3.1 The ceremonial use of statues and monuments are not intended to serve as a
forum for free expression by the public, but rather as a non-public forum and an
expression of the City of Bangor's official sentiments (government speech).
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3.2 No flags, signs, clothing, or articles of any kind may be placed upon or hung from
any City of Bangor statue or monument.
3.3 The use of Bangor monuments or statues to advertise or otherwise call attention
to an event or celebration to be held at Bass Park or elsewhere within the City of
Bangor shall not be permitted.
3.4 Pursuant to the Event Permit Policy, with the appropriate permitting, events may
be held in City of Bangor parks containing statues and monuments, providing
said statues and monuments are not altered in any way.
4.0 Commemorative or Ceremonial Flags
4.1 The flying of commemorative or ceremonial flags are not intended to serve as a
forum for free expression by the public, but rather as a non-public forum and an
expression of the City of Bangor's official sentiments (government speech).
4.1.1 Definition: commemorative flag means a flag that honors or celebrates an
event, group, or cause.
4.1.2 Definition: ceremonial flag means a flag associated with a special
observance, public ceremony or other similar event.
4.2 Flags flown on City flagpoles constitute an expression of the City's official
sentiments. Flag displays throughout the City have traditionally consisted of
some or all of the following flags: The United States flag, the flag of the State of
Maine, the City of Bangor flag, and the Canadian flag. It is the policy of the City
Council that this traditional display should remain, except in rare circumstances
in which the City wishes to honor and show support for a different governmental
entity, or express its support for an event or holiday associated with such other
governmental entity.
4.2.1 The only flags which can be a part of the traditional display are those of
legally recognized and currently existing governments. Commemorative
or ceremonial flags shall not be part of the traditional display on the front
of City Hall. However, at the Council's request, they may be flown on
free-standing poles not associated with a traditional display.
4.3 Requests for a commemorative or ceremonial flag may be made by a City
Councilor in accordance with section 4.4. Outside requests from individuals or
organizations will not be entertained.
4.4 Ceremonial or commemorative flags must be approved by the City Council by
adoption of an order prior to the display, and shall be displayed for a period of
time not to exceed thirty (30) continuous days within one (1) calendar year.
4.5 All ceremonial and commemorative flags shall be no larger than three feet by five
feet and no smaller than two feet by four feet.
4.6 The following are not allowed as commemorative or ceremonial flags and will not
be considered for display:
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• Flags of a particular religious movement or creed, to avoid the
appearance of City government endorsing religion or a particular
religious movement or creed;
• Flags of a political party, to avoid the appearance of City
government endorsing a political party; and
• Flags advocating a certain outcome in an election.
5.0 Honorary Street Name Designation
5.1 The designation of honorary street names is not intended to serve as a forum for
free expression by the public, but rather as a non-public forum and an expression
of the City of Bangor's official sentiments (government speech).
5.2 Requests for an honorary street name may be made by a City Councilor and
voted on during a regularly scheduled Council meeting prior to posting of the
sign. Outside requests from individuals or organizations will not be entertained.
5.3 A designated naming after an individual who has served as a City official or City
employee shall occur only after the person has separated from City service.
5.4 Honorary street name designations must be approved by the City Council by
adoption of an order prior to posting and shall remain in place no longer than 30
days from the day of installation.
5.4.1 All honorary street signs will be of a standard size and shape. The City
Manager or designee shall approve the final design of all signs, and
installation shall be conducted by the Public Works Department.
5.4.2 The City has final authority to determine what, if any, location is deemed
acceptable for an honorary street name sign. All approved honorary street
name signage shall be placed above an existing street sign in such a way
as not to impede motorists' ability to read the street sign.
5.4.3 The proposed honorary street name shall not duplicate any existing street
name, nor shall it be similar either phonetically or in spelling to any other
honorary or actual street name.
6.0 Alteration of City Logo or Seal
6.1 The alteration of the City logo or seal is not intended to serve as a forum for free
expression by the public, but rather as a non-public forum and an expression of
the City of Bangor's official sentiments (government speech).
6.2 The City Council retains the right to create variations of the City seal and City
logo and to adopt and establish other official seals and logos. Such variations
may include, but are not limited to, centennial seals or other seals that mark
anniversaries, events, and any other event the City Council wishes to
commemorate.
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6.3 Alteration of the City logo or seal can be made at the request of the City Council
only and must be voted by adoption of an order at a City Council meeting.
Outside requests from individuals or organizations will not be entertained.
6.4 Should the City Council alter the City logo or seal, any such alteration will remain
in place for the period of commemoration but no longer than 30 days.
7.0 Illumination of City Hall
7.1 The illumination of City Hall is not intended to serve as a forum for free
expression by the public, but rather as a non-public forum and an expression of
the City of Bangor's official sentiments (government speech).
7.2 The illumination of City Hall is reserved for the celebration of international,
national, and community events and causes as recognized or proclaimed by the
City of Bangor.
7.3 Illumination will not be considered for commercial entities, personal occasions, or
religious observances.
7.4 Illumination for a given purpose may occur for a maximum of 30 days in a
calendar year at the request of a City Councilor and approved by an order during
a City Council meeting in accordance with this policy. Any decision to extend the
illumination beyond 30 days lies solely with the City Council. Outside requests
from individuals or organizations will not be entertained.
7.5 The City of Bangor may override any existing and confirmed illuminations in
support of citywide, statewide, national, or world emergency observances.
8.0 Banners
8.1 The designation of banners on poles is not intended to serve as a forum for free
expression by the public, but rather as a non-public forum and an expression of
the City of Bangor's official sentiments (government speech).
8.2 For the purpose of this policy, a banner is defined as a strip of cloth bearing a
design or slogan hung on a pole with four points secured.
8.3 Requests for a banner may be made by a City Councilor and approved by the
City Council by adoption of an order prior to posting. Outside requests from
individuals or organizations will not be entertained.
8.4 Banners shall remain in place no longer than 30 days from the day of installation,
with the exception of holiday banners placed annually in downtown between
November and January each year.
8.4.1 All banners will be of the same size and shape. The City Manager or
designee shall approve the final design of all banners, and installation
shall be conducted by the Public Works Department.
8.4.2 The City has final authority to determine what, if any, location is deemed
acceptable.
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9.0 LIABILITY AND INDEMNIFICATION
9.1 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.
9.2 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, as a condition of permitting.
This policy supersedes previously approved Holiday Display policy (Order 18-382) and
Monuments & Statues policy (Order 97-372).
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Exhibi�C�BER 23,2023
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PUBLIC DISPLAY
RESERVATION APPLICATION
YOUR NAME:
ORGANIZATION NAME:
ADDRESS:
CITY/STATE/ZIP:
ORGAINIZATION PHONE: ORGANIZATION FAX:
CELL PHONE: EMAIL:
SECONDARY CONTACT:
SECONDARY CONTACT PHONE:
DATE(S) FOR DISPLAY:
DESCRIBE DISPLAY AND ANY ADDITIONAL REQUIREMENTS(ELECTRICAL):
By signing below, I confirm that I have received, read and understand the City of Bangor Use of
Certain City Property Policy. I agree to abide by the City guidelines and policies and understand
that failure to comply may result in removal of the display. I release the City of Bangor of any and
all liabilities of any loss. Signing below does not guarantee you a space.
Signature Date
Submit applications and $25.00 application fee to:
Bangor Parks and Recreation
647 Main Street
Bangor, ME 04401
Ph:207-992-4490 Fax: 207-947-1605 Email: ���u�,,,�;���„�, ��u.���:������"�>���u.� ���m�r��u.���� ���
IN CITY COUNCIL
OCTOBER 23, 2023
CO 23-328
Passed
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CITY CLERK