Promotional Materials Over the Right-of-Way Policy Copyrighted
February 19, 2018
City of Dubuque Action Items # 3.
ITEM TITLE: Promotional Materials Over the Right-of-Way Policy
SUMMARY: City Manager recommending approval of a new
Promotional Materials Over the Street Right-of-Way policy
to supplement the City's existing Special Events permit.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Promotional Materials Over the Street Right of W ay City Manager Memo
Policy-NNM Memo
Staff Memo Staff Memo
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Promotional Materials Over the Street Right of Way Policy
DATE: February 14, 2018
Assistant City Manager Cori Burbach recommends City Council approval of a new
Promotional Materials Over the Street Right of Way policy to supplement the City's
existing Special Events permit.
The intention of the policy is to allow for promotional materials associated with a special
event to be hung across the City street right of way. The policy covers items including,
but not limited to, material size, location, and design; traffic safety; consent and
approval of private building owners and commercial tenants; and the review process for
the application.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen� � �
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Dubuque
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TO: Michael Van Milligen, City Manager
FROM: Cori Burbach, Assistant City Manager
SUBJECT: Promotional Materials Over the Street Right of Way Policy
DATE: February 9, 2018
INTRODUCTION
The purpose of this memorandum is to recommend a new Promotional Materials Over
the Street Right of Way policy to supplement the City's existing Special Events permit.
BACKGROUND
The City of Dubuque has a Special Events permit process that is required for
organizations hosting special events on any City property, in the public right of way
(ROW), or on private property if the event impacts the public right-of-way and is open to
the public. The current permit process does not allow banners or other promotional
materials to be hung in the public ROW. City staff were asked to research and make a
recommendation regarding the potential for this type of promotional material. The
attached recommendation is meant to supplement the existing Special Events permit
process as an appendix.
The City also has an existing Banner Policy. That policy allows for organizations or
institutions to install banners in the public ROW on City-owned light or utility poles. The
Promotional Materials Over the Street Right of Way policy is separate from, and not
meant to contradict, the Banner Policy, as it is specifically meant for temporary material
associated with a special event.
This policy is also not meant to govern permanent signage, which is regulated under the
Zoning Ordinance.
DISCUSSION
A committee consisting of Planning Services Manager Laura Carstens, Public
Information Officer Randy Gehl, Engineering Assistant II Jane Smith, Assistant City
Attorney Maureen Quann, Building Inspector Jeff Zasada, Confidential Account Clerk
Pam McCarron, and myself inet to review a request to allow Promotional Materials Over
the Street Right of Ways associated with special events. As part of the process, the
committee reviewed the City's current banner policy and special events permit process,
structural issues associated with attaching some type of permanent brackets to a
private building, and traffic and safety concerns associated with hanging material across
a City street. The committee also consulted with Police Chief Mark Dalsing regarding
the use of traffic cameras, and the potential for obstruction of camera views that
hanging materials would create.
The attached policy and associated application is recommended for City Council
approval. The intention of the policy is to allow for promotional materials associated
with a special event to be hung across the City street ROW. As such, the policy and
application would be distributed as an appendix to the existing Special Events permit.
The policy covers items including, but not limited to, material size, location, and design;
traffic safety; consent and approval of private building owners and commercial tenants;
and the review process for the application.
Organizations and individuals who submit a Special Events permit would be eligible to
apply to hang a Promotional Materials Over the Street Right of Way associated with
their event. The Promotional Materials Over the Street Right of Way would have to be
hung within the footprint of the event, and would be subject to the following
requirements:
• The Promotional Materials Over the Street Right of Way must be installed by a
professional sign or electrical contractor licensed by the Building Services
department. The applicant must complete the Promotional Materials Over the
Street Right of Way application as part of the Special Events permit application,
and the contractor must obtain a sign permit through the Building Services
department.
• The Promotional Materials Over the Street Right of Way must be hung from
brackets installed on private buildings. The new or existing brackets must be
reviewed and approved by Building Services through the sign application to
ensure safety and compliance with any applicable City Code.
• The Promotional Materials Over the Street Right of Way must not exceed 40 feet
wide by 5 feet high, and must be located a minimum of 15 feet above the street
pavement.
• The Promotional Materials Over the Street Right of Way may be installed up to
seven days prior to the event, and must be removed no later than two days after
the event. In the event that two special events' timeframes overlap, the applicant
who submits a completed application first will be given preference.
Traffic safety and use of traffic camera footage are both high priorities of City staff. As
such, each application will be reviewed by multiple City departments, and must be
approved by the City Manager, Police Department, and Engineering Department prior to
installation. Promotional Materials Over the Street Right of Ways will be approved only
when they do not impede traffic safety and do not cause significant blockage of traffic
camera sightlines.
Promotional Materials Over the Street Right of Ways must be attached to brackets
installed on private buildings. As such, the applicant must include approval of all
relevant building owners, as well as any commercial tenants of those buildings, as part
of the Promotional Materials Over the Street Right of Way application. The terms and
conditions of the Promotional Materials Over the Street Right of Way permit describe
the applicanYs obligations to the City of Dubuque only. Any requests or requirements
between the building owner and applicant must be determined separately from the
application between the two entities.
The City cannot regulate content of Promotional Materials Over the Street Right of
Ways in the aftermath of the United States Supreme Court case Reed v. Town of
Gilbert. City may still regulate signs and sign-like materials on time, manner, and place
criteria as the City has done in the Promotional Materials Over the Street Right of Way
policy, but content-based regulation of any group or organization's Promotional
Materials Over the Street Right of Way will not be lawful.
As part of the Special Event application, all Promotional Materials Over the Street Right
of Way applications will be reviewed by the City Manager, City Clerk, Police, Building
Services, Planning Services, Engineering, Finance, and Legal Departments before a
permit is issued. The City Manager's Office may, in its sole discretion, waive the
requirements of this policy and/or modify the special event application when a
Promotional Materials Over the Street Right of Way is used in conjunction with the
special event.
RECOMMENDED ACTION
I respectfully recommend City Council approval of the attached Promotional Materials
Over the Street Right of Way policy, to supplement the existing Special Events Permit.
CC: Keith Rahe, Dubuque Area Convention and Visitors Bureau
Dan LoBianco, Dubuque Main Street
Laura Carstens, Planning Services Manager
David Johnson, Acting Building Services Director
Randy Gehl, Public Information Officer
Maureen Quann, Assistant City Attorney
Kevin Firnstahl, City Clerk
Marie Ware, Leisure Services Manager
Jane Smith, Engineering Assistant II
Pam McCarron, Permit Clerk
Jeff Zasada, Building Inspector