Borough of Mifflinburg, PA
Union County
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Table of Contents
Table of Contents

§ 21-101 Purpose; Administration.

[Ord. 2013-01, 6/18/2013]
The purpose of this chapter is to govern the placement of vertical and horizontal banners within the public rights-of-way of any street, road or alley of Pennsylvania state routes located within Mifflinburg Borough (hereinafter "public ROW"). The Borough Manager or his/her designated representative will administer this chapter.

§ 21-102 Eligibility.

[Ord. 2013-01, 6/18/2013]
1. 
Only a nonprofit organization (hereinafter "organization") may request a banner permit under this chapter. Further, if the banner is requested to promote the organization, then the organization must:
A. 
Be of common interest to the general community; and
B. 
Recognize or contribute to the cultural fabric of the Borough.
2. 
If the banner is requested to promote a specific event or exhibit, then the event or exhibit must:
A. 
Be held in the Borough;
B. 
Be open to the public or of common interest to the general community; and
C. 
Recognize or contribute to the cultural fabric of the Borough.
3. 
Examples of such events or exhibits include, but are not limited to: an arts, entertainment or education-related activity; a public social occasion; a sports contest; a festival event; or a public concert.

§ 21-103 Banners.

[Ord. 2013-01, 6/18/2013]
Banners will be permitted for a period not to exceed 60 days, provided the organization has complied with all requirements of this chapter and has been issued a banner permit. All banners shall meet the following requirements:
A. 
Vertical Banners.
(1) 
Vertical banners are temporary vertical signs composed of flexible material that are suspended from rods and brackets attached to metal streetlight poles ("poles") located in the public ROW.
(2) 
General Requirements. Vertical banners must:
(a) 
Be sized to fit the Borough's existing brackets as established by Council from time to time.
(b) 
Only be installed at designated locations approved by the Borough from time to time by resolution.
(c) 
Not be erected in a manner or location that either creates an unsafe condition for motor vehicles, bicycles, or pedestrian traffic or interferes with the view of traffic signs, signal or devices.
(d) 
Be provided to the Borough a minimum of one week in advance of placement and be constructed to meet the Borough's pole hardware requirements.
(e) 
Not include for display vulgar, lewd, distasteful, or otherwise offensive language or design components.
(f) 
Not be attached to poles bearing traffic signals.
B. 
Horizontal Banners.
(1) 
Horizontal banners are temporary horizontal signs composed of flexible material that are in the public ROW and stretched across a public street, road or alley.
(2) 
General Requirements. Horizontal banners must:
(a) 
Measure 20 feet to 40 feet long by three feet tall.
(b) 
Only be installed at designated locations approved by the Borough from time to time by resolution.
(c) 
Not be erected in a manner or location that either creates an unsafe condition for motor vehicles or interferes with the view of traffic signs, signals or devices.
(d) 
Be provided to the Borough a minimum of one week in advance of placement and be constructed to meet the Borough's requirements.
(e) 
Not include for display vulgar, lewd, distasteful, or otherwise offensive language or design components.
(f) 
Be made of heavy-duty reinforced vinyl (minimum 14 oz.).
(g) 
Be stitched on four sides with metal D-rings at each corner and grommets spaced every three feet along the top. Loose D-rings will be returned.
(h) 
Have at least one wind slit per square foot.
(i) 
Be hung from a cable permanently installed by the Borough.
(j) 
Comply with all requirements of the Pennsylvania Department of Transportation as established from time to time by policy, regulation or other action.

§ 21-104 Submission Requirements.

[Ord. 2013-01, 6/18/2013]
An organization requesting permission to place banners in the public ROW must complete the application for a temporary banner permit (the "application"). The application and supporting documents must be submitted to the Borough Manager at least four weeks prior to the date(s) being requested. The Borough Manager (or designee) will review the application for completeness to ensure all requirements are met. The application must:
A. 
State the purpose of the organization and event being promoted, if applicable.
B. 
State the dates and times banners are requested to be installed, displayed, and removed and, if applicable, the date(s) of the special event/exhibit.
C. 
State the location and number of banners and specific banner/streetlight pole locations. In the event of dual requests, the application with the earliest postmark will be given first consideration, unless one of the organizations has received prior approval, in which case it will retain first right of refusal.
D. 
Include a color sample of the banner, including the design and content.
E. 
Include a check made payable to the Borough of Mifflinburg for all fees.
F. 
Include certificates of insurance as required by § 21-106.

§ 21-105 Fees.

[Ord. 2013-01, 6/18/2013]
A fee shall be charged for each banner permit application in order to offset the cost of reviewing banner permit applications, placing banners that have been permitted and otherwise administering the requirements of this chapter. The amount of the fee shall be established by periodic resolution of Borough Council. The fee is nonrefundable, regardless of whether the permit application is approved or denied. The fee shall not be applied to any banner permit renewals; rather, a separate fee shall be collected for such renewals.

§ 21-106 Insurance Requirements.

[Ord. 2013-01, 6/18/2013]
All organizations must comply with the following insurance requirements before the banner permit is issued:
A. 
Obtain commercial general liability insurance coverage in an amount satisfactory to the Borough. The amount shall be established by periodic resolution of Borough Council.
B. 
The Borough shall be endorsed on the policy as an additional insured.
C. 
The policy shall be endorsed to provide 30 days' notice of cancellation or nonrenewal to the Borough.
D. 
Provide a certificate of insurance to the Borough with the Borough of Mifflinburg named as the certificate holder.

§ 21-107 Approval Authority.

[Ord. 2013-01, 6/18/2013]
The Borough Manager of Mifflinburg shall have sole authority to approve banner applications (including design/content, location, and installation dates) and authorize issuance of a banner permit. Borough Council may, upon written request from the organization to Borough Council, consider an application that has been denied by the Borough Manager for reasons of noncompliance, provided the written request is made within 30 days of the Borough Manager's denial. The Borough Manager or his/her designee(s) will administer and manage the program (i.e., permit issuance, recordkeeping, collection of deposits/fees, and pole maintenance).

§ 21-108 Installation.

[Ord. 2013-01, 6/18/2013]
Approved banners shall only be installed by the Borough of Mifflinburg personnel under the conditions of normal working hours. Nighttime installation is prohibited.

§ 21-109 Display and monitoring.

[Ord. 2013-01, 6/18/2013]
The organization is responsible for monitoring banners to:
A. 
Ensure the banners remain in good condition during the display period.
B. 
Detect any problems.
C. 
Notify the Borough immediately of a dangerous situation or immediate hazard so corrective action may be taken.

§ 21-110 Maintenance.

[Ord. 2013-01, 6/18/2013]
1. 
Throughout the display period, the Borough may inspect the banners and brackets and take corrective action as required. Should the Borough identify any problems with the appearance, condition, or maintenance of the banners, rods or brackets, the Borough will remove the defective banner and notify the organization of the nature of the problem and the location. If the organization has a replacement banner available, the Borough will mount the replacement banner for the remainder of the display period. If an identified problem presents a hazard to pedestrian and/or motor vehicle traffic, the Borough will remove the hazard.
2. 
Under no circumstances will the Borough be responsible for any damage to privately owned banners.

§ 21-111 Special Agreement.

[Ord. 2013-01, 6/18/2013]
1. 
Certain organizations may be permitted to manage a banner program within a defined area of the Borough. In such areas, the organization will draft a formal agreement describing the terms and conditions under which a banner management program may operate. The organization will then present the agreement to the Borough Manager. Upon acceptance of the agreement by the Borough Manager, the agreement will be forwarded to Borough Council for consideration of approval.
2. 
The erection of all other signs, billboards, and/or temporary signage shall be regulated by the terms and conditions of the Mifflinburg Borough Zoning Ordinance [Chapter 29].