Any charitable, not-for-profit or governmental
organization, except for political organizations, shall be eligible
to obtain a permit to erect one nonpermanent nonlighted banner across
Main Street within the Village of Penn Yan and/or nonpermanent banners
attached to the municipal light poles along Main Street and/or Elm
and Lake Streets within the commercially zoned areas of said streets.
[Amended 3-18-2014 by L.L. No. 6-2014]
Commercial banners are prohibited. Only those banners announcing
special community events or commemorating special accomplishments
and/or occasions are permitted. A permitted banner shall be displayed
for not longer than two consecutive weeks.
[Amended 3-18-2014 by L.L. No. 6-2014]
Banners shall not be allowed to be placed across Main Street
except that portion of Main Street from Maiden Lane on the south to
Jacob Street on the north.
[Amended 3-18-2014 by L.L. No. 6-2014]
Any banner erected across Main Street must be attached to a
building on each side of Main Street and shah be erected so that the
bottom of that banner is at least 14 feet above the surface of the
street.
Any banner erected across Main Street shall
be constructed of materials which permit air to move through it, and
all banners, whether erected across Main Street or attached upon municipal
light poles, shall be constructed of materials sufficient to withstand
windy and wet weather conditions that may arise. Materials which are
unreasonably hazardous by reason of fire or other public safety considerations
shall not be used.
All banners, whether erected across Main Street
or attached to municipal light poles, shall be erected and/or attached
by employees of the Village and removed by the same.
[Amended 5-8-2007 by L.L. No. 4-2007]
At least 30 days prior to the requested date
of installation of a banner, the applicant shall submit an application
for a banner permit to the Village Clerk specifying the type of banner,
entire content of the inscription on the banner, the length of time
that the banner is to be in place and the proposed location of the
banner. Such application shall be on an official form promulgated
by resolution of the Board of Trustees of the Village of Penn Yan
and distributed by the Village Clerk.
The application for a permit for a banner across
Main Street shall contain and the applicant shall provide the written
consent of the building owners for the attachment of the banner to
their respective properties.
[Amended 5-8-2007 by L.L. No. 4-2007]
A. The Clerk of the Village of Penn Yan shall issue or
deny the application permit for installation of the banner. The issuance
or denial of the banner permit shall be based upon a determination
by the Village Clerk as to whether the application and proposed banner
complies with the provisions of this chapter. The banner permit shall
specify the dates during which the banner will be in place and the
location of banner.
B. In the event of the denial of a banner permit by the
Village Clerk, the applicant may appeal such decision to the Board
of Trustees of the Village of Penn Yan. Such appeal may be made by
submitting a letter or other document to the Village Clerk clearly
stating that an appeal is sought and specifying the grounds for the
appeal. Such appeal shall be heard at the next regular meeting of
the Board of Trustees of the Village of Penn Yan held at least three
days after the filing of the appeal.
[Amended 5-8-2007 by L.L. No. 4-2007]
The Chief of Police or other police officer
acting in a supervisory capacity of the Police Department of the Village
of Penn Yan and the Director of Public Works of the Village of Penn
Yan are hereby granted the authority to revoke any permit issued pursuant
to this chapter and effect the removal of any banner which, in their
sole discretion, creates a risk to public safety.
[Amended 5-8-2007 by L.L. No. 4-2007]
A. Violators of any provision of this chapter shall be
guilty of an offense punishable by a fine not to exceed $250. Each
day that a violation exists shall constitute a separate violation.
B. Upon a finding of an intentional and material violation
of this chapter, the Board of Trustees may make a finding by resolution
that the violator be prohibited from receiving banner permits for
a period not exceeding five years, measured from the date of the finding.
Such finding shall specify the grounds for the imposed prohibition.