A. 
The purpose of this chapter is to prescribe standards by which the city will make certain street banner space available to community-based service organizations, local school districts, and the county for advertisement of events that they conduct and that are of general public interest. The city has never designated this street banner space as a forum for unlimited expression by the general public. These standards are intended to preserve the limited public forum status of this street banner space.
B. 
This chapter does not apply to street banners that advertise events conducted, sponsored or funded by the city. Such street banners instead are prepared by the city or under its supervision, or are governed by the terms of the city's sponsorship or funding requirements.
(Ord. 1946 § 2, 2009)
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Community-based service organization"
means a nonprofit organization or corporation organized exclusively for veterans, social welfare, civic league, religious or charitable purposes, which has been issued a determination of exempt status by the Franchise Tax Board as required under Sections 23701d, 23701f, or 23701w of the Revenue and Taxation Code of the state of California or a group which is a local chapter of a recognized national organization having such a tax exempt status. Each such nonprofit organization must have a permanent meeting place in the city and must have been organized and established in the city for a minimum of two years continuously preceding the filing of the application for the banner permit.
"Designated location"
means the city-designated street banner space at the following locations: (1) El Segundo Boulevard and Hawthorne Boulevard; (2) Hawthorne Boulevard and 133rd Street; (3) Hawthorne Boulevard and Rosecrans Avenue; (4) Hawthorne Boulevard and Imperial Highway; and (5) El Segundo Boulevard and Grevillea Avenue.
"Eligible organization"
means a community-based service organization, a local school district or the county.
"Erect"
means and includes suspend, display, install, construct, place and maintain.
"Local school district"
means the Hawthorne School District (including the Hawthorne Charter School), the Wiseburn School District, or the Centinela Valley Union High School District.
"Street banner"
means an object that both: (1) is made of durable cloth, plastic or similar non-rigid material; and (2) is suspended or otherwise displayed over, along, across or upon a street.
(Ord. 1946 § 2, 2009)
No person shall erect any street banner over, along, across or upon any street without a street banner permit from the city manager.
(Ord. 1946 § 2, 2009)
Street banner permit applications shall be processed in accordance with this section:
A. 
Applications shall be filed on a city-provided form and submitted no more than sixty days and no less than twenty-one days prior to the event sought to be advertised. Applications received by the city outside of this period shall not be processed.
B. 
Applications filed by community-based service organizations shall include a nonrefundable application fee in an amount set by city council resolution. The amount of such fee shall not exceed the city's cost of processing permit applications.
C. 
Applications shall be reviewed solely according to the following criteria:
1. 
Whether the application is complete;
2. 
Whether the applicant is an eligible community based service organization which has been issued a determination of exempt status by the Franchise Tax Board as required under Sections 23701d, 23701f, or 23701w of the Revenue and Taxation Code of the state of California;
3. 
Whether the requested street banner space is an available designated location;
4. 
Whether the applicant has submitted proof of general liability insurance that satisfies the insurance requirements of this chapter;
5. 
Whether the applicant has violated this chapter or any other applicable law in connection with any prior street banner erected in Hawthorne within the twelve months prior to the application date.
D. 
The city manager shall process applications in the order received. An application shall be approved if there is no ground for denial based on the review criteria; otherwise the application shall be denied. In no case shall an application be denied due to the viewpoint of speech disseminated by the applicant or associated with the proposed event.
E. 
Written notice of the approval or denial of an application shall be given to the applicant no later than seven days after the application date. If the application is denied, the notice shall include an explanation of the reason(s) for the denial and the decision will be final.
(Ord. 1946 § 2, 2009)
Street banners displayed pursuant to an approved street banner permit shall conform to the specifications in this section:
A. 
Street banners shall be constructed of nylon open mesh widescreen, or constructed of a vinyl material with appropriate wind cuts. Street banners must be professionally made and must be designed as specified in the application.
B. 
Street banners erected at the El Segundo Boulevard and Hawthorne Boulevard designated location shall not exceed fourteen and one-half feet in length or five feet in width. Street banners erected at other designated locations shall be a minimum of twenty feet, and a maximum of thirty feet in length or three feet in width.
C. 
Street banners shall have brass grommets at all corners spaced twenty-four inches apart, and corner grommets shall have reinforced backing.
D. 
Street banners shall contain the name, date and location of an event that is conducted by the permittee and that is of general public interest. Additionally, street banners may contain the permittee's name and contact information. No other information or messages shall be displayed on a street banner.
(Ord. 1946 § 2, 2009)
Street banners shall be installed and removed by the city in accordance with this section:
A. 
The permittee shall deliver its street banner to the Hawthorne Memorial Center no less than four business days prior to the approved display period. Any street banner that is unsafe, or that does not satisfy the banner specifications of this chapter, shall not be installed until such time as necessary corrections have been completed.
B. 
The priority of street banner installations shall be based on event dates and not on the order in which applications were received or permits were issued.
C. 
No street banner shall be displayed for more than fourteen days.
D. 
Each street banner shall be removed upon expiration of the approved display period, or at any earlier time that the street banner has been damaged by wind or other elements. Each permittee must retrieve its street banner from the Hawthorne Memorial Center within one week after it has been removed. Street banners not retrieved before the deadline shall be destroyed or otherwise disposed of by the city.
(Ord. 1946 § 2, 2009)
Permittees shall procure and maintain in full force and effect a general liability insurance policy that satisfies the insurance requirements of this section:
A. 
The policy shall be issued by an insurer that is authorized to do business in California and has a Best's rating of no less than A-:VII.
B. 
The policy shall provide coverage in an amount no less than one million dollars per occurrence and shall name the city as an additional named insured.
C. 
The coverage shall contain no special limitations on the scope of protection afforded to the city.
D. 
The coverage shall be primary insurance as respects the city.
E. 
Any failure to comply with reporting or other provisions of the policy, including breaches of warranties, shall not affect coverage provided to the city.
F. 
The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
G. 
The policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, or reduced in coverage or in limits unless the city has been given thirty days prior written notice by certified mail, return receipt requested.
(Ord. 1946 § 2, 2009)
Approval of a street banner permit shall not preclude the city from displacing the permittee's street banner to accommodate a street banner for a subsequently-scheduled event conducted, sponsored or funded by the city. In that situation, the display of the permittee's street banner will be rescheduled to the extent feasible.
(Ord. 1946 § 2, 2009)
With the city manager's approval, the director of recreation and community services may adopt such rules and regulations as may be necessary or convenient to implement this chapter. Such rules and regulations shall be kept on file in the recreation and community services department and shall be available for the use and examination of the public.
(Ord. 1946 § 2, 2009)