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036-16 - Resolution - Repealing Resolutions 1797 and 001-10 and Re-Establishing Display of BannersRESOLUTION NO. 036-16 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NOS. 1797 AND 001-10 AND RE-ESTABLISHING A POLICY FOR PERMITTING THE DISPLAY OF BANNERS FROM OVER SR166 AT BAY STREET WHEREAS, it is the City's desire to repeal Resolution Nos. 1797 and 001-10, in their entirety; and WHEREAS, the City of Port Orchard (the "City") has allowed banners to be installed over State Road 166 at Bay Street ("Bay Street"); and WHEREAS, since 1998 South Kitsap Fire and Rescue ("South Kitsap Fire"), as the City's fire authority, and on behalf of the City, has administered the program for hanging banners at Bay Street, including the collection of applications, fees, and installing and removing said banners; and WHEREAS, the City has now re-assumed the administrative responsibility of administering the Bay Street banner program; and WHEREAS, since the City last adopted policies for the Bay Street banner program, state and federal court decisions have resulted in significant changes regarding the constitutional regulations of signs; and WHEREAS, it is the desire of the City to adopt revised policies and procedures for the administration of the Bay Street banner program to conform with current sign laws, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: Resolution Nos. 1797 and 001-10 are hereby repealed in their entirety. THAT: The following policies and procedures are hereby adopted to regulate the placement of temporary banners from the permanent fixtures installed on the marquee and building on either side of State Route 166 at Bay Street ("Bay Street"): A. Permitting for Placement of Banner. a. Permit applications for the placement of banners at Bay Street shall be made to the City. b. The City will collect permit applications for banners at Bay Street beginning on March 1st of each year for permit applications for display of a banner from April 1 of that year until March 31st of the following year. Resolution No. 036 -16 Page 2 of 2 c. The City will issue Bay Street banner permits on a first-come, first-served basis, dependent on the completeness of the application, eligibility of the application based on the policies outlined herein, and the availability of the requested time period for the banner to be displayed. d. Bay Street banner permits will be granted for a period not to exceed fourteen (14) calendar days. e. No applicant may be awarded more than two (2) Bay Street banner permits within the first 31 days of the application period for a given 1- year permitting period.~ f. Bay Street banners are limited to non-commercial messages only. Commercial sponsors may be placed on the banner, but any text or images relating to commercial sponsors must not comprise more than twenty-five percent (25%) of the facial surface area of the banner and must be less noticeable than the primary banner content. g. The City shall collect a $100 permitting fee (excluding tax) for each permit to cover administration and installation costs. h. The Community Development Director may establish administrative rules and procedures as necessary to administer the permitting of Bay Street banners pursuant to the above minimum provisions . B. Banner Material, Construction, and Installation Requirements a. The City shall be responsible for the installation and removal of permitted banners at Bay Street. b. The Community Development Director shall establish rules regarding the required materials, construction, and installation of permitted banners at Bay Street. THAT: The Community Development Director of the City shall be responsible for the implementation of this policy. Appeals may be made to the City Council pursuant to the rules and procedures established pursuant to A (h) and B (b). PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 12nd day of April 2016. ~