Chapter 13.40
BANNERS OVER STREETS

Sections:

13.40.010    Suspending banners over streets.

13.40.020    Insurance required.

13.40.030    Violation—Penalty.

13.40.010 Suspending banners over streets.

It is unlawful for any person to hang or suspend any sign, banner or decoration of any kind over or across any public street or thoroughfare of the city, except at the celebration of the fourth of July, Salty Sea Days, Christmas Holiday, Everett’s Centennial Celebration and at city produced activities which activities are approved by the city council. The mayor or his designee is authorized to promulgate rules to implement the provisions of this chapter based upon recommendations from the public works director and director of parks and recreation. Such rules may provide for the assessment of fees to cover the city’s costs associated with the hanging, maintenance and removal of banners. (Ord. 1932-93 § 1, 1993; prior code § 13.28.010)

13.40.020 Insurance required.

Except when the city is the applicant, any person desiring to hang or suspend any sign, banner or decoration over or across the public streets or thoroughfares of the city as provided in Section 13.40.010 shall execute an agreement saving the city, its officers, employees and agents harmless and agreeing to indemnify the city from any and all claims arising out of the applicant’s actions in connection with any approval granted by the city authorizing the hanging or suspension of any sign, banner or decoration. The applicant will faithfully repair and replace all property damaged. The applicant will furnish a certificate of insurance showing that the applicant has public liability and property damage insurance coverage in effect during the terms of said approval with an insurance company authorized to do business in the state of Washington with minimum limits for bodily injury or death to any one person in any one accident of five hundred thousand dollars and a minimum limit of one million dollars for bodily injury or death to two or more persons in any one occurrence and a minimum limit of two hundred fifty thousand dollars for property damage for each occurrence, provided further that such insurance shall name the city, its officers, employees and agents as an additional named insured. Such insurance shall be cancelable only after thirty days’ written notice to the city. Cancellation or voiding of applicant’s insurance policy by whatsoever means shall automatically cancel said applicant’s authority granted herein. (Ord. 1932-93 § 2, 1993; prior code § 13.28.020)

13.40.030 Violation—Penalty.

Any person hanging or suspending any sign, banner or decoration across the public streets and thoroughfares of the city without a compliance with the provisions of this chapter and any rules adopted pursuant thereto shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars per day. Each day upon which a violation occurs or continues shall constitute a separate violation. In addition to the penalties provided herein, the city is authorized to remove any sign, banner or decoration hung or suspended in violation of this chapter and the city may recover all reasonable costs and fees associated with the removal and all court costs, attorney’s fees and other expenses of litigation against the person, firm or corporation found to have violated the provision of this chapter. (Ord. 1932-93 § 3, 1993; prior code § 13.28.030)