[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 9-8-2008 by Ord. No. 2008-20.
Amendments noted where applicable.]
No banner shall be hung nor any use made of
the banner poles within the Township without compliance with the rules
and regulations set forth in this chapter and the obtaining of a permit
for such use.
The Township Manager shall establish dates for
which the banner poles are available for use. In establishing such
dates, the Manager shall consider issues such as maintenance needs
for the poles, activities of the Public Works Department, special
events for which the height of the banners may be problematic, high
winds and unforeseen emergency conditions such as severe weather or
other exigencies. In the event of an emergency, the Manager or Chief
of Police may direct that a banner that has already been hung be immediately
removed from display.
Use of the banner poles shall be scheduled on
a first-come-first-served basis subject to the unilateral right of
Burlington County to supersede a prior request as set forth in the
interlocal services agreement between the Township and the County,
a copy of which is on file with the Township Clerk. The Township Manager
shall create and establish a permit application form and permit form
to be used in carrying out the purposes of this chapter. The application
form shall include a requirement that it be accompanied by a sketch
of the proposed banner, together with its dimensions and the wording
and/or symbols to be displayed on the banner.
A.Â
Banner pole use shall be scheduled by submitting a
completed application and a nonrefundable fee of $150, except that
the fee shall be refunded in the event of a pre-emption by Burlington
County. No application shall be submitted more than one year prior
to the event to be promoted on the banner. Reservation of dates shall,
in all cases, be conditioned upon compliance with all permit requirements
at least 14 days prior to the date the banner is to be hung unless
a specific alternate deadline is set forth in this chapter or the
permit.
B.Â
Upon submission of a completed and paid-for application,
the date, if available, shall be reserved, subject to the conditions
of the permit, including but not limited to those set forth in the
interlocal services agreement with Burlington County. Failure to make
timely submission of all requirements may result in the Township,
in the exercise of its discretion, cancelling the permit for the banner.
All permits shall, at a minimum, be conditioned upon:
A.Â
The design for the cross-street banner must be delivered
to the office of the Township Clerk and the office of Neighborhood
Services not less than 30 days prior to the date scheduled for the
banner to be hung. The design shall generally follow the sketch submitted
with the application and shall contain a representation of the exact
wording, designs and symbols to appear on the banner. Action on the
design submitted shall be taken by the Township within seven business
days of submission. Unapproved banners will not be hung.
B.Â
Banners shall only promote community events, festivals
or sporting events; tourism-related promotions; events sanctioned
or sponsored by the Township, the Township School District, the Rancocas
Valley Regional School District, Mount Holly MUA or Mount Holly Fire
District; events sponsored by the Mount Holly UEZ or Main Street Mount
Holly; and events sponsored by nonprofit entities or agencies. All
banners shall indicate the sponsoring agency.
C.Â
Banners shall promote events, and no banner shall
advertise or promote the sale of a product or service or advocate
a political party, candidate or position nor promote any religion
or religious belief.
D.Â
Banners may contain a general message of greeting
such as "Welcome to Mount Holly," "Welcome to [name of event]," or
similar sentiments.
Banners which do not meet construction requirements
will not be hung. For the safety of the public no exceptions will
be made. The specifications set forth herein shall be considered minimum
requirements and may be amended upon the recommendation of the Township
Engineer by resolution of Township Council. Banners that have been
previously hung are subject to inspection by the Township and/or its
Engineer. Any banner found structurally deficient in the opinion of
the Township Engineer will not be hung. In the event an inspection
is required by the Township Engineer, the permit holder shall pay
the actual cost to the Township of the Engineer's inspection.
A.Â
Size. Banners shall have a maximum width of 24 feet and a maximum
height of three feet. They shall have wind load relief flaps 18 inches
wide and 10 inches high, spaced at a density of not less than one
flap for each 10 square feet of surface area. Relief flaps shall be
uniformly placed throughout the banner to provide uniform wind load
reduction.
[Amended 3-27-2017 by Ord. No.
2017-4]
B.Â
Material. Banners shall be made of Number 12 duck
canvas, vinyl coated nylon or polyester fiber mesh with vinyl coating.
The message, designs or symbols may be sewn in place, be painted on,
or be of vinyl letters. Event dates or other information that changes
may be secured by a one-inch strip of Velcro® or equivalent material
around the entire piece. Such pieces may not be larger than four square
feet and, when placed, may not cover a wind relief flap. Alternate
materials may be used only if certified as acceptable by the Township
Engineer.
C.Â
Mounting provisions. Banners shall have two-inch wide
twenty-two-ounce nylon strips sewn to the top and bottom of the banner
along its entire length. Banners shall have grommets installed on
twenty-four-inch centers along the top and bottom of the banner within
these strips. "D" or "O" rings shall be provided at each of the upper
and lower corners of the banner for securing it into position.
Before any banner is hung, the Township must
receive a liability insurance certificate from the applicant covering
any property damage or injury to person(s) occasioned or resulting
from the use, hanging or installation of the banner, naming the Township
and the County of Burlington as additional insureds in an amount of
not less than $300,000 single limit.
A.Â
Delivery. Banners must be delivered to the office
of the Township Clerk, or to such other location as the Clerk may
direct, not less than seven days prior to the date on which the banner
is to be hung. Banners delivered late may not be hung. There will
be no refund of fees for late-delivered banners.
B.Â
Hanging. Banners will be hung and removed by the Township's
Public Works Department. Banners will be hung and removed on Mondays.
However, banners may be hung or removed earlier or later than scheduled
due to inclement weather, high winds or exigencies within the Public
Works Department or Township.
C.Â
Retrieval. The banner owner will be notified by the
Township when his or her banner is available for pickup after it has
been removed from display.
A.Â
The Township shall have no liability for banners hung
late or removed early nor will there be any refund of fees in such
circumstances.
B.Â
Banners not picked up from the Township within one
week of notice of their availability for pickup may be disposed of
by the Township without liability or responsibility to the owner or
any other person.
C.Â
No banner may be hung for more than four weeks.
D.Â
The Township reserves the right to cancel or shorten
the hanging of any banner without cause.
E.Â
No banner shall display words or images that, in the
application of community standards, are obscene or pornographic.
F.Â
No banner shall display trademarked or copyrighted
images unless a written certification of the applicant's right to
use such images with an indemnification is provided to the Township
at least 14 days prior to the date set for display of the banner.
G.Â
The Township may refuse to hang banners with tears,
tattered banners, soiled banners or banners with loose letters, border
strips or grommets.