[HISTORY: Adopted by the Council of the City of New Rochelle 5-21-1991
by Ord. No. 123-1991. Amendments noted where applicable.]
A.
Recent court decisions have brought to the City Council's
attention the fact that certain types of physical displays are deemed to be
"symbolic speech" and, as such, are entitled to the same constitutional protections
and safeguards and subject to the same types of regulation as verbal speech.
B.
Physical displays have characteristics which obviously
make them different in some respects from verbal speech. For example, they
are generally more permanent than a person or group of people who speak and
then move on. Their size can be almost limitless. If not constructed and erected
properly, they can be dangerous. They can attract vandals and, particularly
if placed in parks, children. One cannot tell who is responsible for their
placement and removal without a mechanism for responsible persons to identify
themselves.
C.
Being aware that certain physical displays on public
property are entitled to the same protections as verbal speech and also being
aware that physical displays are different from verbal speech in some respects,
the City Council believes that it is in the best interest of the City to have
a stated set of rules regarding such displays which can be applied evenhandedly,
which will encourage and provide for dissemination of ideas on public property
in a manner consistent with the other uses made of the property and which
will maximize the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall have the plain and common meaning of those words. Without limiting
the generality of the foregoing, the term shall include signs, posters, signboards
and the like, except those which are carried by people and not placed on or
affixed to the ground (except momentarily).
Any person, corporation, partnership, firm or other entity, except
the City of New Rochelle and its various boards, commissions, committees,
departments and agencies.
All streets, highways and sidewalks within the City of New Rochelle,
whether public or private, and all other lands owned by or dedicated to the
City of New Rochelle.
Except as otherwise specifically provided by local law, either heretofore
or hereinafter enacted, no physical displays may be erected, placed or maintained
on any street or sidewalk within the City of New Rochelle by private parties,
except those permitted sales by merchants allowed by permit.
Physical displays may be placed on public property under the following
terms and conditions:
A.
No physical displays containing commercial advertising,
soliciting funds or advertising any event, whether by a profit or nonprofit
organization, shall be permitted.
B.
The foregoing permission is hereby specifically conditioned
upon compliance with all provisions of the Fire Prevention Code, Building
Code, Zoning Ordinance[1] and all other applicable laws, ordinances or regulations as well
as the posting of a surety bond with reference to the prompt removal of the
structure upon expiration of the permit.
C.
Physical displays shall be permitted in the locations shown in Appendix A to this chapter.[2]
[2]
Editor's Note: Appendix A is included at the end of this chapter.
D.
Application and permit.
(1)
Any private party wishing to place a display in one of the permitted locations shall submit an application to the City Clerk in the form shown in Appendix B to this chapter[3] containing the information requested thereon. The description
of the display and the accompanying sketch or plan shall be sufficiently detailed
for the Building Official to determine the structural integrity of the proposed
display and how it will be anchored to the ground, if at all. The application
shall be submitted at least 30 days prior to the first date the applicant
is requesting to place the display on public property.
[3]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
Action by Building Official.
(a)
Upon receipt of the application, the City Clerk shall
forward a copy thereof to the Building Official. The Building Official shall
then examine the description of the proposed display in order to determine
whether the proposed display will be structurally sound and sufficiently anchored.
(b)
If the Building Official requires further information
from the applicant to make the required determination, he may request the
necessary information from the applicant, who shall supply it within five
days of the request.
(c)
Within 15 days of receipt of all necessary information,
the Building Official shall advise the City Clerk whether the proposed display,
as described to him, appears to be structurally sound for its purpose and
properly anchored. If the Building Official finds the display will not be
structurally sound or properly anchored or if insufficient information has
been submitted to him, no permit shall issue.
(d)
If the Building Official issues a positive determination, the City Clerk shall issue a permit upon the filing of an agreement by the applicant to defend, indemnify and hold the City harmless in connection with the display, in the form attached hereto as Appendix C,[4] and an insurance certificate naming the City of New Rochelle as
coinsured in connection with the display, with liability limits as set by
the City Council from time to time.
[4]
Editor's Note: Appendix C is included at the end of this chapter.
E.
Each display shall be accompanied by a sign prominently
placed and readable by passersby containing letters of at least one inch,
stating by whom the display has been erected and further stating that the
person or organization is a private party or organization, not the City of
New Rochelle.
F.
Each display shall be erected in accordance with the
description submitted to the Building Department as described above.
G.
No display shall remain in place for more than five weeks,
and the applicant shall remove it and restore the property to the condition
it was in prior to its erection within said five weeks of its original placement
on the site.
H.
Any utilities used in connection with any display shall
be paid for by the applicant.
A.
Any person, firm, corporation or other entity who violates
this chapter shall be subject to a fine of up to $250 per violation.
B.
Each day a violation hereof shall continue shall be deemed
a separate violation.
C.
The penalty provided for herein shall be in addition
to all other remedies available to the City, legal and equitable, in the event
of a violation hereof.
