HomeMy WebLinkAboutResolution 2009-29 Banner ProgramRESOLUTION N0.2009-29
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS FLORIDA, ESTABLISHING A CITY BANNER
PROGRAM; MAKING FINDINGS SUPPORTING THE BANNER
PROGRAM; AUTHORIZING THE CITY TO CREATE, FINANCE,
INSTALL AND MAINTAIN POLE BANNERS AT SIGNALIZED
INTERSECTIONS IN FURTHERANCE OF THE BANNER PROGRAM;
PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission hereby desires to establish a banner program under which
the City will exclusively create, finance, install and maintain pole banners at various signalized
intersections ("Banner Program"); and
WHEREAS, the intent and purpose of the Banner Program is to allow the City to beautify the
City and its streets by displaying seasonal and non-seasonal decorative banners, to inform the public
about and promote community public events, to inform the public about City programs, and to promote
the City's image, history, and heritage; and
WHEREAS, it is further the intent and purpose of the Banner Program to enhance the City's
ability to communicate with the general public and therefore, the City will have complete editorial
control over the design and content of the banners that are publicly displayed under the Banner Program;
and
WHEREAS, it is also the intent and purpose of the Banner Program to allow the City to promote
its views and therefore, it is not the intent and purpose of this Resolution to allow private or other parties
to install banners under the Banner Program or at signalized intersections; and
WHEREAS, the City Commission desires that the Banner Program be construed as
"government speech" and not as a public forum under the First Amendment; See, e.g., City of Pleasant
Grove v. Summun, 555 U.S. (2009) (Placement of a permanent monument in a public park viewed
as government speech and not subject to First Amendment scrutiny); Wells v. City and County of
Denver, 257 F. 3d 1132 (10~' Cir. 2001) (City acted within its rights to control the contents of its own
speech by prohibiting private holiday display on steps of city building); and
WHEREAS, the City Commission of the City of Winter Springs deems that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and
are hereby fully incorporated by this reference.
Section 2. Findings. The City Commission finds that the use of existing public infrastructure
(traffic signal mast arms) for purposes of erecting public banners is a low cost and effective way for the
City to communicate certain City messages to the general public that travel on City roadways. The City
Commission hereby further finds that adopting a public banner program will give the City the means by
which to communicate and promote the City's: (i) on-going community-wide beautification efforts; (ii)
community and special events; (iii) programs; and (iv) image, history, and heritage.
Section 3. Banners. The City is hereby authorized to exclusively create, finance, install and
maintain pole banners onmast-arms at various signalized intersections. The City shall maintain compete
control over the banner's construction, message, and placement. The primary themes and messages
depicted on the banners shall be limited to: (i) seasonal and non-seasonal themes related to on-going
community-wide beautification efforts; (ii) promoting community and special events to be held within
the City; (iii) promoting City sponsored and co-sponsored programs; and (iv) promoting the City's
image, history, and heritage. Nothing herein shall limit the City's ability to acknowledge on banners
major sponsors and underwriters of City programs and community and special events, provided said
acknowledgment is incidental to the primary theme and message on the banner authorized by this
Resolution.
Section 4. Placement. The banners shall be installed on mast-arms located at signalized
intersections. At the effective date of this Resolution, the following locations are approved:
State Road 434
• Sheoah Blvd.
Edgemon Avenue
• Moss Road
• Hayes Road
• State Road 419
• Parkstone Blvd. (Entrance to Winding Hollow and Parkstone Subdv.)
• Central Winds Blvd.
• Doran Drive
• Tuskawilla Road
Vistawilla Drive
Tuskawilla Road
• Trotwood Blvd.
City of Winter Springs
Resolution 2009-29
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Winter Springs Blvd.
State Road 419
N. Edgemon Avenue
The City Commission may approve additional or eliminate existing locations by majority vote.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, or such court declares the banner program a public forum, this Resolution shall be
immediately presented to the City Commission at their next regular meeting or special meeting for
further consideration which may include amending or repealing this Resolution.
Section 7. Effective Date. This Resolution shall become effective immediatelyupon,adoption
by the City Commission of the City of Winter Springs, Florida.
RESOLVED by the City Commission of the City of Winter Springs, ~'lori~, in a regular
meeting assembled on the 27`'' day of April, 2009. ,,~--~~ Y
JO F. BUSH, Mayor .
-~
ATT~S~':
;,
~ ~~ ~~~-
A A LORENZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution 2009-29
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