§ 254-4. Displays on public property.

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 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 to this chapter.

Editor's Note: 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 to this chapter 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.

Editor's Note: 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 , 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.

Editor's Note: 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.