[Adopted 9-8-1986 by L.L. No. 8-1986]
A. 
Recent court decisions have brought to the Village Board's attention the fact that certain types of physical displays are deemed to be symbolic speech and, as such, are entitled to the same constitutional protections and safeguards and subject to the same types of regulation as verbal speech.
B. 
Physical displays have characteristics which obviously make them different in some respects from verbal speech. For example, they are generally more permanent than a person or group of people who speak and then move on. Their size can be almost limitless. If not constructed and erected properly, they can be dangerous. They can attract vandals and, particularly if placed in parks, children. One cannot tell who is responsible for their placement and removal without a mechanism for responsible persons to identify themselves.
C. 
Being aware that certain physical displays on public property are entitled to the same protections as verbal speech and also being aware that physical displays are different from verbal speech in some respects, the Village Board believes that it is in the best interest of the village to have a stated set of rules regarding such displays which can be applied evenhandedly, which will encourage and provide for dissemination of ideas on public property in a manner consistent with the other uses made of the property and which will maximize the public health, safety and welfare.
D. 
The Village Board heretofore established a Public Forum Committee to study the subject of displays on public property and report to the Board its findings and recommendations. The Committee has done so. The Board is in accord with the Committee's report, and it is the Board's intent to implement the Committee's recommendations by enacting this article.
As used in this article, the following terms shall have the meanings indicated:
PHYSICAL DISPLAY
Shall have the plain and common meaning of those words. Without limiting the generality of the foregoing, the term shall include signs, posters, signboards and the like, except those which are carried by people and not placed on or affixed to the ground (except momentarily).
PRIVATE PARTY
Any person, corporation, partnership, firm or other entity, except the Village of Larchmont and its various boards, commissions, committees, departments and agencies.
PUBLIC PROPERTY
All streets, highways and sidewalks within the Village of Larchmont, whether public or private, and all other lands owned by or dedicated to the Village of Larchmont.
Except as otherwise specifically permitted by local law, either heretofore or hereinafter enacted, no physical displays may be erected, placed or maintained on any street or sidewalk within the Village of Larchmont by private parties; provided, however, that the traditional annual sidewalk sales conducted by village merchants may continue to be conducted by village merchants upon resolution of the Village Board.
No physical displays may be erected, placed or maintained on any other public property in the Village of Larchmont which has not been dedicated by resolution or local law of the Village Board as a public park.
Physical displays may be placed on property which has been dedicated by resolution or local law of the Village Board as public park 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. 
Physical displays shall not be permitted in any location in the following parks because there is no appropriate place to place them without interfering with the primary uses of the parks and/or because of traffic and safety hazards to motorists and people using these parks:
(1) 
Lorenzen Park.
(2) 
Pine Brook Park.
(3) 
Kane Park (Parcels 1 and 2).
(4) 
Parklet at intersection of Palmer Avenue and Parkway (Dematte Memorial).
C. 
In the remaining six village parks, physical displays shall be permitted in the locations shown in Appendix A to this article.[1]
[1]
Editor's Note: Appendix A is included as an attachment to 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 Village Clerk in the form shown in Appendix B to this article[2] containing the information requested thereon. The description of the display and the accompanying sketch or plan shall be sufficiently detailed for the Village Building Inspector 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 park property.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2) 
Action by Building Inspector.
(a) 
Upon receipt of the application, the Village Clerk shall forward a copy thereof to the Village Building Inspector. The Building Inspector 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 Inspector 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 Village Building Inspector shall advise the Village Clerk whether the proposed display, as described to him, appears to be structurally sound for its purpose and properly anchored. If the Building Inspector finds the display will not be structurally sound or properly anchored or if insufficient information has been submitted to him, no permit shall issue.
(3) 
If the Building Inspector issues a positive determination, the Village Clerk shall issue a permit upon the filing with her of an agreement by the applicant to defend, indemnify and hold the village harmless in connection with the display in the form attached hereto as Appendix C[3] and an insurance certificate naming the village as a coinsured in connection with the display, with liability limits as set by Village Board resolution from time to time.
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
E. 
Each display shall be accompanied by a sign prominently placed and readable by passersby containing letters of at least 12 inches, stating by whom the display has been erected and further stating that the person or organization is "a private (party or organization), not the Village of Larchmont."
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 three weeks, and the applicant shall remove it and restore the property to the condition it was in prior to its erection within said three weeks of its original placement on the site.
H. 
No display shall be more than six feet high or take up a ground area of more than 10 by 10 feet.
I. 
Any utilities used in connection with any display shall be paid for by the applicant.
A. 
Any person, firm, corporation or other entity who violates this article shall be subject to a fine of up to $250 per violation.
B. 
Each day a violation hereof shall continue shall be deemed a separate violation.
C. 
The penalty provided for herein shall be in addition to all other remedies available to the village, legal and equitable, in the event of a violation hereof.