Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 11-7-1988 by L.L. No. 4-1988 (Ch. 7 of the 1969 Code). Amendments noted where applicable.]
Any charitable, not-for-profit or governmental organization, except for political organizations, shall be eligible to obtain a permit to erect one nonpermanent nonlighted banner across Main Street within the Village of Penn Yan and/or nonpermanent banners attached to the municipal light poles along Main Street and/or Elm and Lake Streets within the commercially zoned areas of said streets.
[Amended 3-18-2014 by L.L. No. 6-2014]
Commercial banners are prohibited. Only those banners announcing special community events or commemorating special accomplishments and/or occasions are permitted. A permitted banner shall be displayed for not longer than two consecutive weeks.
[Amended 3-18-2014 by L.L. No. 6-2014]
Banners shall not be allowed to be placed across Main Street except that portion of Main Street from Maiden Lane on the south to Jacob Street on the north.
[Amended 3-18-2014 by L.L. No. 6-2014]
Any banner erected across Main Street must be attached to a building on each side of Main Street and shah be erected so that the bottom of that banner is at least 14 feet above the surface of the street.
Any banner erected across Main Street shall be constructed of materials which permit air to move through it, and all banners, whether erected across Main Street or attached upon municipal light poles, shall be constructed of materials sufficient to withstand windy and wet weather conditions that may arise. Materials which are unreasonably hazardous by reason of fire or other public safety considerations shall not be used.
All banners, whether erected across Main Street or attached to municipal light poles, shall be erected and/or attached by employees of the Village and removed by the same.
[Amended 5-8-2007 by L.L. No. 4-2007]
At least 30 days prior to the requested date of installation of a banner, the applicant shall submit an application for a banner permit to the Village Clerk specifying the type of banner, entire content of the inscription on the banner, the length of time that the banner is to be in place and the proposed location of the banner. Such application shall be on an official form promulgated by resolution of the Board of Trustees of the Village of Penn Yan and distributed by the Village Clerk.
The application for a permit for a banner across Main Street shall contain and the applicant shall provide the written consent of the building owners for the attachment of the banner to their respective properties.
[Amended 5-8-2007 by L.L. No. 4-2007]
A. 
The Clerk of the Village of Penn Yan shall issue or deny the application permit for installation of the banner. The issuance or denial of the banner permit shall be based upon a determination by the Village Clerk as to whether the application and proposed banner complies with the provisions of this chapter. The banner permit shall specify the dates during which the banner will be in place and the location of banner.
B. 
In the event of the denial of a banner permit by the Village Clerk, the applicant may appeal such decision to the Board of Trustees of the Village of Penn Yan. Such appeal may be made by submitting a letter or other document to the Village Clerk clearly stating that an appeal is sought and specifying the grounds for the appeal. Such appeal shall be heard at the next regular meeting of the Board of Trustees of the Village of Penn Yan held at least three days after the filing of the appeal.
[Amended 5-8-2007 by L.L. No. 4-2007]
The Chief of Police or other police officer acting in a supervisory capacity of the Police Department of the Village of Penn Yan and the Director of Public Works of the Village of Penn Yan are hereby granted the authority to revoke any permit issued pursuant to this chapter and effect the removal of any banner which, in their sole discretion, creates a risk to public safety.
[Amended 5-8-2007 by L.L. No. 4-2007]
A. 
Violators of any provision of this chapter shall be guilty of an offense punishable by a fine not to exceed $250. Each day that a violation exists shall constitute a separate violation.
B. 
Upon a finding of an intentional and material violation of this chapter, the Board of Trustees may make a finding by resolution that the violator be prohibited from receiving banner permits for a period not exceeding five years, measured from the date of the finding. Such finding shall specify the grounds for the imposed prohibition.