Banners
Greetings,
I have a council member who would like to place banners across our main
street to advertise civic or charitable events. Our main street is a
Department of Transportation maintained state highway. I have started
researching municipal ordinances. I see some ordinances that refer to
exempt signs which are not in a public right of way. Can anyone refer me
to sample ordinances, regulations, and statutes? Any help is appreciated.
Richard Cochran
City Attorney for Marietta
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COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU.
RICHARD A. COCHRAN, JR., P.C.
ATTORNEY AT LAW
309 WEST MAIN
P. O. BOX 262
MARIETTA, OKLAHOMA 73448-0262
580/276-5111
FAX: 888/564-1355
Here is ordinance from Bethany regarding banners on rights of way.. Beware of prohibiting banners based on content.
53.05 ENFORCEMENT AND ADMINISTRATION.
All provisions of this chapter shall be enforced and administered by the City Building Inspector or other personnel designated by the City Manager.
(A) Applicability. Except as otherwise provided in this chapter, it shall be unlawful for anyone to erect, construct, enlarge, move, convert or place any sign in the city without first obtaining a sign permit for each such sign from the City Building Inspector. This chapter shall not be construed to require a permit for a change to the copy on any sign.
(1) The application for a permit shall be in writing and accompanied by the following information:
(a) A site plan and elevation drawing of the proposed sign;
(b) Type and size of sign, including wind-load specifications and calculations;
(c) The material with which the sign is to be constructed;
(d) The height of the sign; and
(e) The information to be contained on the sign.
(2) The City Building Inspector shall approve sign permits in writing. Approval shall be entered upon the original permit application and maintained in the files of the City Building Inspector.
(3) Before a permit is issued, the applicant shall pay to the City Clerk a fee as prescribed.
(4) The fee shall not be refunded upon the revocation of a permit pursuant to the provisions of this chapter.
(5) Unless otherwise specified by the City Building Inspector approved sign permits shall expire 180 days after the date issued.
(B) The following signs shall not require the issuance of a sign permit. The signs must comply with all other building, structural and electrical codes of the city and with the requirements contained herein:
(1) One construction sign per construction project not exceeding 32 square feet in area in residential districts or 64 square feet in area in commercial or industrial districts; (The signs shall not be erected more than five days prior to the beginning of construction for which a building permit has been issued, shall be located on the site of construction, and shall be removed prior to the City Building Inspector issuing a certificate of occupancy.);
(2) Signs providing direction or instruction, which are located entirely on the lot which they serve, do not in any way advertise a business, and do not exceed four square feet in area;
(3) The flags, emblems, of insignia or any government;
(4) Signs of a non-commercial nature and in the public interest, which are required by law, or which are erected by or on the order of a public officer in the performance of his or her public duty, including but not limited to safety signs, danger signs, trespassing signs, memorial plaques, signs of historical interest;
(5) Memorial signs or tablets which are made an integral part of building names of buildings, or dates of erection, when cut into any masonry surface, inlaid to be part of the building or when cast in bronze or other metal;
(6) Political signs, provided:
(a) The signs shall not be erected more than 45 days prior to the election; and
(b) The signs shall be removed within 15 days following the election.
(7) One real estate sign on any lot frontage provided the sign is located on the lot to which the sign applies, is not illuminated and does not exceed six square feet in area; (Signs up to 64 square feet may be erected on lots abutting major thoroughfares or expressways.) Real estate signs for sale, rent, or lease are to be removed within ten days of sale, rented, or leased.
(8) Signs not exceeding three square feet in area advertising garage sales, provided:
(a) The garage sale permit number is displayed on the sign face;
(b) The signs are not posted more than four days before the sale and are removed no more than two days after the sale; and
(c) The signs are not posted on any curb, sidewalk, utility post or pole, hydrant, bridge, tree or other surface located on public property or any public right-of-way.
(d) Verbal permission to place sign in any lot or yard is to be granted before placing the sign.
(9) Community promotional banners erected on street light standards within the public right-of-way pursuant to specific authorization issued by the City Manager, meeting the following criteria:
(a) All banners shall be of uniform size and shape to install on standard brackets owned, located, and installed by the city.
(b) The maximum time any banner may be displayed shall be specified in the authorization granted by the City Manager.
(c) The wording of the banners must be specified in the authorization granted by the City Manager, and such wording shall be messages of general public benefit to the city and its citizens, including but not limited to advertisement of special public events or promotions of the community.
(d) Any commercial sponsorship of the banners may be indicated thereon, provided all commercial logos or wording shall not exceed 25% of the total surface area per side of the banners.
(e) The banners shall be constructed in a workmanlike manner of materials capable of withstanding wind and to resist deterioration from natural elements.
(f) The city shall have the right to prohibit or restrict the location of banners on utility poles and the right-of-way where necessary to protect the health, safety, and welfare of the public.
(g) The signs shall be maintained in good condition by the applicant and the city reserves the right to withdraw the limited license upon notice to applicant if the banner is not maintained.
(Ord. 1974, passed 8-6-19)
§ 153.06 INSPECTIONS.
(A) All signs shall be subject to inspection by the City Building Inspector. Footing inspections shall be required on the day of excavation for all free-standing signs. The City Building Inspector may, within 48 hours after being notified that the sign is ready for inspection, also require inspection of electrical signs before erection. It shall be the duty of the owner, contractor or permittee to inquire with the City Building Inspector as to the times or stages that inspection shall be required and advise the engineering and inspection department when the owner, contractor or permittee is ready for inspection.
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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Richard Cochran richard77.cochran@gmail.com
Sent: Tuesday, October 11, 2022 10:25 AM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Banners
Greetings,
I have a council member who would like to place banners across our main
street to advertise civic or charitable events. Our main street is a
Department of Transportation maintained state highway. I have started
researching municipal ordinances. I see some ordinances that refer to
exempt signs which are not in a public right of way. Can anyone refer me
to sample ordinances, regulations, and statutes? Any help is appreciated.
Richard Cochran
City Attorney for Marietta
NOTICE: THE CONTENTS OF THIS EMAIL MAY BE CONFIDENTIAL UNDER RULES OF
THE SUPREME COURT OF THE STATE OF OKLAHOMA OR UNDER APPLICABLE STATE OR
FEDERAL LAWS. THIS EMAIL MAY ALSO BE COMMUNICATIONS BETWEEN ATTORNEY
AND CLIENT, AND THEREFORE PRIVILEGED AND CONFIDENTIAL INFORMATION. THIS
EMAIL IS INTENDED FOR THE ADDRESSEE ONLY. IF YOU HAVE RECEIVED THIS
COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE, AND
PERMANENTLY DELETE THE MESSAGE. FURTHER, IF YOU ARE NOT THE INTENDED
RECIPIENT, YOU ARE NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. THANK YOU.
RICHARD A. COCHRAN, JR., P.C.
ATTORNEY AT LAW
309 WEST MAIN
P. O. BOX 262
MARIETTA, OKLAHOMA 73448-0262
580/276-5111
FAX: 888/564-1355
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