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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2012-046 RESOLUTION REPEALING AND REENACTING TITLE 8, CHAPTER 1 OF THE SAN LEANDRO ADMINISTRATIVE CODE RELATING TO BANNER POLICY The City Council of the City of San Leandro does RESOLVE to repeal and reenact Title 8, Chapter 1 of the San Leandro Administrative Code as follows: $1 PURPOSE. The purpose of this administrative policy is to establish a process by which overhead and Decorative banner and similar decorations installation requests are approved, denied, and financed by commercial or San Leandro -based nonprofit organizations. Except as otherwise permitted by this Chapter and the relevant provisions of the San Leandro Municipal Code, no encroachment within the public right of way shall be permitted. The activity being advertised must benefit a San Leandro nonprofit organization, applicant, or activity for the betterment of the community, or must be financially supported by the City of San Leandro. $1.8.105: DEFINITIONS. (a) Overhead Banner. "Overhead Banner" means a banner suspended over the public roadway, attached at both ends to an electrolier, outdoor advertising structure, or building. (b) Decorative Banner. "Decorative Banner" means a banner suspended over the public roadway or sidewalk, attached to a single electrolier. $1.8.110: POLICY. Banners that are strictly of a commercial nature shall not be installed in the City of San Leandro, except in accordance with §1.8.11 1 of this Chapter. For the purpose of this policy, a banner of a "commercial nature" is one which directs attention to a continodity, product, service, attraction, or event that is sold or offered for sale or for a charge by a commercial enterprise or which in any way promotes a commercial enterprise or its products. A "commercial enterprise" is an institution, business, or enterprise conducted for profit. This prohibition shall not apply to banners announcing a community, charitable, or non - profit event which is jointly sponsored by a commercial enterprise and displaying on such banner the identification of such commercial enterprise solely by name and/or trademark. Banners shall be permitted only for events and programs that celebrate and/or increase awareness of a significant occasion. Organizations must demonstrate how the proposed banners are linked to a comprehensive public relations or marketing program that serves the same purpose for which the banners are requested.