HomeMy WebLinkAboutCAO-14-025 - Council Policy I-442 Flag Policy Staff Report
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REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: May 12, 2014
SUBMITTED BY: Dorothy McCabe, Chief of Staff, Office of the Mayor and
Council (519-741-2200 ext. 7795)
PREPARED BY: Colin Goodeve, Manager, Council/Committee Services &
Deputy City Clerk (7278); Doug Hergott, Manager of
Facilities Management (519-741-2200 ext. 4684); Dorothy
McCabe, Chief of Staff, Office of the Mayor and Council
(519-741-2200 ext. 7795); Erin Mogck, Associate City
Solicitor (519-741-2200 ext. 7060)
WARD(S) INVOLVED: All
DATE OF REPORT: April 17, 2014
REPORT NO.: CAO-14-025
SUBJECT: COUNCIL POLICY 1-442 (FLAG POLICY)
RECOMMENDATION:
That the status quo with respect to Council Policy 1-442 (Flag Policy) be maintained.
BACKGROUND:
The current Flag Policy was established in May 1995. (See Appendix 1). It established protocol
and provides direction and policy regarding the flying of flags at City Hall and other City
facilities.
In total, there are 27 flag locations for which the City has responsibility: 12 for which Facilities
Management (FM) lowers and raises the flags; 11 which the centres (fire halls, some community
centres, cemeteries, the Auditorium, Rockway Gardens, TheMuseum, golf courses) manage on
their own upon receiving notification to lower the flag; and 4 locations for which flags cannot be
lowered or raised. (See Appendix 2.)
Prior to the establishment of the current policy, the procedure for lowering or raising flags was
fragmented and inconsistent. Citizens and/or organizations would contact the facility/centre of
the flag location and individual staff at that location would decide whether to lower or raise a
flag. This led to inconsistent decisions and confusion across the corporation and with the
community. The current policy provides clear direction and guidance to staff and to citizens.
The protocol allows for the following flags to be raised on flag poles which the City of Kitchener
flag would occupy:
• The United Nations (UN),
• The flag of a state recognized by Canada when an official representative is visiting the
City or an official is representing a Municipality officially linked to the City of Kitchener
• The flag of a state recognized by Canada during a celebratory event of the state
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• Canadian Armed Forces flag on Canadian Armed Forces Day only.
As per the attached flag policy, flags are lowered as a symbol of mourning for: Remembrance
Day; for the passing of a person considered to be a prominent citizen of the City of Kitchener or
the Region of Waterloo or a person of national or international stature that has had a profound
effect on the lives of the community; in response to a tragic or catastrophic event in the world; a
member of the Royal Family of the first degree; the Governor General of Canada; the Prime
Minister of Canada; the Lieutenant Governor of Ontario; the Premier of Ontario; the current local
Members of the Federal or Provincial Parliaments; a current of past member of Council; a
current member of staff; or a retired member of city staff having a minimum of 15 years of
service.
Over the past 20 years, the City has received requests to raise other flags, to lower the flags
and to make proclamations. The policy was intended to treat all members of the community
fairly and equally in that it denied all requests to fly flags other than those set out in the policy.
Other municipalities have faced legal challenges from time to time with respect to their decisions
to fly or not to fly the flags of other organizations. As similar issues have been the subject of
litigation from time to time, legal advice will be given to Council in camera coinciding with the
report.
In February, at the beginning of the Winter Olympics, the City was asked by a citizen to fly the
rainbow flag at City Hall in support of Canadian lesbian, gay, bisexual, transgendered and queer
(LGBTQ) athletes competing in Sochi, Russia and in support of local LGBTQ citizens. The
City's current flag policy, established in May 1995, states "That only the flags of Canada, the
Province of Ontario and the City of Kitchener regularly be raised on the three flagpoles located
in the public square of City Hall and on other flag poles located on the City Hall site."
From February 11 until February 24, 2014, as the result of conversations with tri-Pride of
Cambridge, Kitchener, Waterloo, the City displayed the rainbow flag in the City Hall rotunda, an
open concept area on the main floor of city hall. Additionally, from February 18 to February 24,
a digital display of both the rainbow flag and the Canadian flag was on the cube at City Hall.
The cube, a large, south and west facing video screen atop city hall, displays digital media, art
and videos and promotes cultural events and is the only outdoor digital art gallery in the region.
On March 3, 2014, Council passed the following resolution: that staff be directed to undertake a
review of Council Policy 1-442 (Flag Policy) and report back to the May 12, 2014 Finance and
Corporate Services Committee meeting with a possible framework to govern requests received
from the community for flag raisings on the outside poles in Civic Square, or other appropriately
located, highly visible community flag pole.
REPORT:
Of primary interest is the potential use of one flag pole on city property that can be utilized for
the raising of a ceremonial flag rather than all flag poles for which the city has responsibility.
As the flag policy has been in place for 20 years, there have been few requests to raise flags.
However, requests for proclamations can be used to provide a comparison. Prior to 1995, it is
estimated that the City of Kitchener received approximately 75-100 requests for proclamations
annually. In 2013, 10 requests for proclamations were received and to date, in 2014, nine
requests have been received. As well, using other municipalities' experiences, it is estimated
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that Kitchener may receive an average of 20 to 25 flag requests annually over and above those
currently being administered.
Considerations: There is a standard protocol to the flying of a flag and if it is not done properly
this can potentially offend the group that is intended to be celebrated. Consideration needs to be
given to the ever-changing geopolitical landscape. It is plausible that the City may receive what
may seem to be an innocuous request to fly a flag but which could unintentionally be offensive
to some citizens.
For example, a request could be received to fly a flag to celebrate a country's
independence. Unless the person processing the request is well versed in international politics,
the City could inadvertently fly a flag that may only be recognized by a certain political group
within that country. If Council were to move forward with accepting flag requests, it may be
difficult to ensure that the City is not viewed as taking sides in a dispute that is outside of its
jurisdiction. Flags are powerful symbols that can draw people together in a sense of unity; or,
polarizing by representing divisive ends of a particular issue. Navigating such requests could
result in a substantial investment of staff time, which if not done correctly could be potentially
embarrassing for the City and upsetting for some citizens.
Should the policy be changed to require, for example, a two week notice per request for
approval by Council, a process to determine how requests would be handled outside of regular
Council and committee meetings (summer recess) would need to be established.
Other Municipalities: There is no standard municipal protocol for flying flags. The Cities of
Markham and Guelph undertook comprehensive reviews of their flag policies, which included
discussions with stakeholders and logistics. Their reviews included defining what would be
considered an appropriate request as well as identifying an acceptable timetable by which
requests would be processed.
Markham and Guelph's reviews identified that defining a process for managing scheduling
conflicts would be required. If raising a flag is done on a first come-first served basis, then it is
anticipated that some groups might start to block off dates in perpetuity; thereby preventing any
other organization from utilizing that time. As well, if a request(s) arises on short notice — as
was the case with flying the rainbow flag during the Winter Olympics —the dates may have been
previously booked by another organization and therefore unavailable.
Administration Logistics: Regarding the administrative logistics required to facilitate flag raising
requests, based on other municipalities' experiences, it takes an average 1.5 to 2 hours to
review, maintain the schedule and respond to each request. This is in addition to the time
required for FM staff to raise and lower the flag (outlined below). This would be additional work
that would need to be accommodated within the Corporation.
Not included in this estimation is the amount of time it would take to mitigate conflicts; whereby
requests are received for flags to be flown at the same time and/or those deemed as not being
appropriate for ceremonial flag pole. In some municipalities, those conflicts are considered at
the next available Council meeting; thereby adding further time and costs to the process of
administering those requests.
In addition, there are situations where deviating from the current policy were considered — in
particular over the past two years with the passing of significant federal political politicians. In
both circumstances, the flags were not lowered as per the policy. While difficult to quantify the
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financial implications of special requests, it is important to not underestimate the time that staff
in the office of the Mayor and Council and corporate communications spends contacting
neighbouring municipalities and the Mayor/Acting Mayor and CAO when necessary to discuss a
consistent approach when dealing with potential exceptions. As well, additional time monitoring
and responding to media and social media inquiries following these decisions must be managed
by corporate communications.
Current Process: The current process for lowering and raising a flag is as follows:
(Note: this is primarily when flags are lowered as a symbol of mourning as noted above.)
• A request/notice to lower the flags is received or directed to the Office of the Mayor and
Council (OMC);
• Upon confirmation that the flags should be lowered as a symbol of mourning, an email
explaining the purpose for lowering the flags is sent to All Departments and as a
Facilities Management (FM) Work Order. This initiates FM staff to lower the flags;
• FM staff must make two visits to each of the 12 flag locations they are responsible for,
once to lower the flags and once to raise them.
• Staff at the other 11 centres lower and raise the flags when notified as per the All Depts
email.
The labour costs to lower and raise flags at the 12 centres for which FM has responsibility as
prescribed under the current flag policy are as follows:
2011 2012 2013 2014
Requests 16 15 22 3
Total Costs (Labour 3,201.13 3,508.20 4,301.28 652.68
and Vehicle
Average Cost per 200.00 233.88 195.51 217.56
request
Municipal Advertising Policy: On February 24, 2014, Council approved the Municipal Advertising
Policy (MAP) (see Appendix 3). If necessary, some of the concepts of the MAP may be
adapted and used to make decisions for the Flag Policy.
Of note, as per the MAP, the City must ensure that any advertising on municipal assets "will not
reflect negatively on the City's public image; will be consistent with The City of Kitchener's vision
and will not compromise or contradict any laws, bylaw or policies of Canada, Ontario or the City.
Further, the placement of an advertisement on a municipal asset does not represent any
partnership between the City of Kitchener and the advertiser; or the City's endorsement of any
product, service, company or message contained in the advertisement."
Further, the MAP states that "The City will not accept Advertising from companies whose
reputation, products, services or message could prove detrimental or reflect negatively on the
City's public image and/or whose business is derived from: pornography; the support of or
involvement in the production, distribution and sale of weapons and other life-threatening
products or the sale of tobacco."
For consideration, should the current flag policy be revised, as the interpretation of `reputation
and message' can be subjective, it is recommended that the final determination of whether a
flag should be flown will be at the discretion of the Mayor, Acting Mayor or the CAO as per the
current flag policy.
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OPTIONS:
1) Status Quo: the flag policy remains as it is currently written which had originally taken
into consideration the same concerns now being considered.
2) Notwithstanding or Exception Clause: Circumstances may arise when the Mayor,
Council and/or individual council members may desire an exemption to the flag policy.
To that end, the flag policy could be amended to include a notwithstanding/exception
clause which would reserve the right of the Mayor/Acting Mayor or CAO to allow for an
exception to the flag policy.
3) Use of the Rotunda: As the rotunda is a frequently booked facility, it is impractical and
problematic to expect that using the rotunda as an area to display flags is viable over the
long term. For example, given the number of requests to display flags which the City
could receive, a booking system, fees and procedures would need to be established. In
addition, displaying of flags would need to be coordinated with the booking of the
rotunda for regular city and community events and activities. Consideration would need
to be given to manage potential concerns and confusion which could arise should the
organizers of a community event and those wishing to display another organization's flag
not be in agreement regarding the flag being displayed, placement or other issues.
4) Use of the Cube: Economic Development manages the use of the cube and the
banners in the downtown core. With respect to the cube, the purpose is to screen
contemporary digital art. Art promotions for the Berlin Tower art space, rotunda gallery
and for the Kitchener-Waterloo Art Gallery have been displayed. Upon receiving
requests, a small staff committee reviews submissions and preference is given to digital
art projects. Requests for advertising, advertorial or sponsored content are not
accepted. During the Winter Olympics, digital versions of the Canadian flag and the
rainbow flag were displayed on the cube. The cube can only be used after dark and
therefore has some limitations.
5) Use of Banners: Banner Policy - Municipal I-1185 (See Appendix 4): Economic
Development has an established policy regarding the use of banners in the downtown
core. The Municipal Banner Program is designed for specific purposes, has defined
user definitions, sizing requirements and costs associated with the use of the banners.
6) Speaker's Corner: Install a single dedicated flag pole at Speaker's Corner at a cost of
approximately $2,500. The flag policy could be amended to allow for the use of this
single flag pole at the request of citizens/organizations. This would provide
citizens/organizations the flexibility to use this City resource for a minimal fee while not
incurring additional costs for the city.
Doing so would require that a clear booking process and protocol be established to
clarify and outline issues. The proposed possible framework to govern these requests is
as follows:
i. Receiving Requests: Currently the OMC handles requests to raise and lower flags. It
would need to be confirmed if this office or another is the point of contact should a new
flag policy be required.
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ii. Pre-bookinq Application Process: An application process would need to be established
to ensure all requests are handled consistently and equitably. A standard size or limited
range of sizes for flags would need to be established.
iii. Cost Recovery: As per other city application fees, a fee of approximately $200 (based on
the average associated costs) would be charged to and collected in advance from the
requestor. For events/activities/commemorations that occur on weekends, an increased
fee would likely be required for cost recovery.
iv. Length of time flown: An appropriate and consistent standard identifying the length of
time a flag can be flown needs to be established.
v. Denvinq Requests: It is anticipated that some requests would be denied based on dates
being unavailable or that flying some flags may be deemed inappropriate or offensive.
Therefore, a clear statement on when and why flags would not be raised would be
required.
Should council select Option 6 staff would need time to develop the above requirements and
report back to Council for final approval.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
FINANCIAL IMPLICATIONS:
As per the timelines noted above, there would be an impact on staff resources to accommodate
requests to raise and lower flags. This would vary based on the number of requests per year
and the potential geo-political circumstances noted above.
COMMUNITY ENGAGEMENT
During the two weeks of the Olympics, the Office of the Mayor and Council was contacted by 12
citizens (8 in support, 3 opposed and 1 undecided). Council may have received additional
feedback from citizens directly which are not accounted for in the OMC report. Additionally, over
the course of three days, the Communications and Marketing Department monitored local
media and responded to social media inquiries regarding the flying of the rainbow Flag. In total,
there were 28 media stories related to the flag policy.
ACKNOWLEDGED BY: Jeff Willmer, CAO
ATTACHMENTS:
APPENDIX: 1 — Flag Policy
APPENDIX: 2— Flag Locations
APPENDIX: 3— Municipal Advertising Policy
APPENDIX: 4 — Banner Policy
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COUNCIL POLICY RESOLUTION
POLICY NUMBER: 1-442 DATE: MAY 17, 2004
POLICY TYPE: FACILITY
SUBJECT: FLAG POLICY
POLICY CONTENT
1. Purpose and Scope
Provides direction and policy on the flying of flags at City Hall, consistent with the City's
policy of the issuing of proclamations, and establishes protocol for the lowering of flags
at City Hall and other Facilities of the City.
2. Flying of Flags
(a) That only the flags of Canada, the Province of Ontario and the City of Kitchener
regularly be raised on the three flagpoles located in the public square of City Hall
and on other flag poles located on the City Hall site.
(b) Notwithstanding the provisions of clause (a) above, the Mayor, Acting Mayor or
the CAO may approve the raising of any of the following flags on the pole at City
Hall regularly occupied by the flag of the City of Kitchener:
(i) The United Nations.
(ii) The flag of a state recognized by Canada when an official representative is
visiting the City or an official is representing a Municipality officially linked to
the City of Kitchener.
(iii) The flag of a state recognized by Canada during a celebratory event of the
state.
(iv) Canadian Armed Forces flag (on Canadian Armed Forces Day only).
( c) Lowering of Flags
The flags at all City facilities will be lowered to half-mast as a symbol of mourning
subsequent to the passing of the following persons:
(i) A member of the Royal Family in the first degree.
(ii) The Governor General of Canada.
2. Flying of Flags, Cont'd
KITCHENER Page 1 of 2 MAY 2004
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POLICY NUMBER: 1-442
POLICY TYPE: FACILITY
SUBJECT: FLAG POLICY
(iii) The Prime Minister of Canada.
(iv) The Lieutenant Governor of Ontario.
(v) The Premier of Ontario.
(vi) The current local Members of the Federal or Provincial Parliaments
(vii) A current or past Member of Council.
(viii) A current Member of City Staff.
(ix) A retired Member of City staff having a minimum of 15 years service.
(d) The Mayor, Acting Mayor or CAO may approve the lowering of the flags to half-
mast as a symbol of mourning subsequent to:
(i) The passing of a person considered to be a prominent citizen of the City of
Kitchener or the Region of Waterloo or a person of national or international
stature that has had a profound effect on the lives of the community.
(ii) In response to a tragic or catastrophic event in the world.
(e) The flags will be lowered at City Hall as a symbol of mourning for the following
events:
(i) Remembrance Day November 11 to
(f) Council may amend clause (e) (i) to include other events deemed to be significant
as to warrant the respect of the City but a resolution to amend the clause shall not
be adopted earlier than 11 months following the event.
(g) At the discretion of the Fire Chief or designate, the flags may be lowered to half-
mast at the City's Fire Halls, as a symbol of mourning for the passing of a Fire
Fighter from another municipal jurisdiction, in the line of duty.
KITCHENER Page 2 of 2 MAY 2004
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Memorials, Flags
FLAG POLE LOCATIONS & DESCRIPTION OF FLAGS FLOWN
Division' L.ocatiorti Number 4f Poles'— Ke y request'
Enterprise Rockway Golf Course 1 Canadian flag at
Clubhouse
1 promotional banner
Doon Valley Golf Course 1 Canadian flag at
Clubhouse
1 promotional banner
Don McLaren Arena 1 Canadian flag
Grand River Arena 1 Canadian flag
Lions Arena 1 Canadian flag #151
Patrick Doherty Arena 1 Canadian flag
Queensmount Arena 1 Canadian flag
Woodland Cemetery 1 Canadian flag
Williamsburg Cemetery 1 Canadian flag
Bridgeport Memorial Cemetery 1 Canadian flag
Kitchener Memorial Auditorium 2 Canadian flags
Complex 2 Ontario flags
2 Kitchener flags
Centennial Stadium 2 Canadian flags
(during special events
only)
Victoria Park Pavilion 1 Canadian flag #577
Operations Victoria Park Clock Tower 1 Canadian flag
Victoria Park Gazebo 1 Union Jack flag
Parks operations 1 Canadian flag #151
Bramm Yards 1 Canadian flag
Southwest Optimist Park 1 Canadian flag
Peter Hallman Ballyard 1 Canadian flag 151
1 Kitchener flag
Woodside Park 1 Canadian flag
1 American flag
Community Doon Pioneer Park Community 1Canadian flag KA-1168(151)
Programs& Centre
Services Country Hills Community 1 Canadian flag
Centre
Forest Heights Community 1 Canadian flag
Centre
Chandler Mowat Community 1 Canadian flag #153
Centre
Centreville Chicopee 1 Canadian flag Do own flag
Community Centre
Mill Courtland Community 1 Canadian flag
Centre
Stanley Park Community 1 Canadian flag Do own flag
Centre
Victoria Hills Community Centre 1 Canadian flag #151
Rockway Centre 1 Canadian flag
Downtown Community Centre 1 Canadian flag Stationary poles
1 Ontario Flag –can't lower
1 Kitchener Fla
Bridgeport Community Centre 1 Canadian flag #151
Kin sdale Community Centre 1 Canadian flag 585
Aquatics& Breithau t Centre 1 Canadian flag
Athletics Lyle Hallman Pool 1 Canadian flag
Other Flag City Hall 8 Kitchener Crank–security
Locations 3 Provincial desk
3 Canadian
Budd Park 1 Canadian #151
1 new pole no flag
Duke &Ontario 1 Canadian #151
Bridgeport Municipal--Daycare 1 Canadian Rope on cleat
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Memorials, Flags
Elmsdale 1 Canadian #151
Registry Building 1 Canadian #151
Ceneto h 2 Canadian #151
1 Provincial
Farmers Market 0 No flags
Children's Museum 1 Provincial Key front desk.
1 Canadian Flag crank—
1 Kitchener server room.
Kin sdale CC 0
Fire Station#1 1 Canadian
Fire Station#2 1 Canadian
Fire Station#3 1 Canadian
Fire Station#4 1 Canadian
Fire Station#5 1 Canadian
Fire Station#6 1 Canadian
Total 77 Flags
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COUNCIL POLICY RESOLUTION
POLICY NUMBER: 1-211 DATE: MARCH 3, 2014
POLICY TYPE: ADMINISTRATIVE
SUBJECT: MUNICIPAL ADVERTISING POLICY
POLICY STATEMENT
The City of Kitchener encourages external advertising on a variety of municipal
assets as a method of generating non-tax based revenue for the municipality. All
advertising on municipal assets will comply with the parameters outlined in this
policy; will not reflect negatively on the City's public image; will be consistent with
the City of Kitchener's vision, and; will not compromise or contradict any laws,
bylaws or policies of Canada, Ontario or the City.
The placement of an advertisement on a municipal asset does not represent any
partnership between the City and the advertiser; or the City's endorsement of any
product, service, company or message contained in the advertisement.
PURPOSE
To establish parameters for future advertising on municipal assets that will
safeguard the City's assets, interests and reputation while creating an
environment that encourages increased revenue generation through the sale of
advertising.
DEFINITIONS
For the purposes of this policy:
• "Advertising" means the sale to an external company, organization,
association or individual of advertising space on a municipal asset for the
purposes of influencing, educating or informing the public.
• "Municipal Assets" means facilities, vehicles, equipment, programs, services,
publications, websites or events, owned and operated by The City. This
includes assets owned and operated by the City's Enterprises.
• "The City" means to the Corporation of the City of Kitchener and all of its
Enterprises.
• "Third-party company" means an advertising company or agency that has the
right to negotiate and place advertisements on municipal assets.
KITCHENER Page 1 of 5 MARCH 2014
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POLICY NUMBER: TBD
POLICY TYPE: TBD
SUBJECT: MUNICIPAL ADVERTISING POLICY
SCOPE:
This policy applies to Advertising from external advertisers on all municipal
assets, including, but not limited to:
• Advertisements on City properties, facilities and equipment;
• Advertisements at City owned and operated events;
• Advertisements in City publications, and;
• Advertisement on City owned and operated websites.
This policy does not apply to any pre-existing relationships with partners or third-
party advertisers to sell advertising on municipal assets.
POLICY CONTENT:
Principles and Conditions:
The following principles and conditions will apply to all advertising agreements
with the City:
(1) Advertisements shall not in any way invoke future consideration, influence or
be perceived to influence the day-to-day business of the City.
(2) Advertisements will not cause a specific City employee to receive any
product, service or assets for personal gain or use.
(3) Advertisements will not impact the quality and integrity of the City's municipal
assets and provide no added risks to safety.
(4) Advertisements on municipal assets will not contain inaccurate or deceptive
claims.
(5) The advertisement of a product, service, business or message on a municipal
asset does not act as the City's endorsement of that product, service or
business or message.
(6) The City will not enter into any advertising agreements with companies that
are a direct competitor its enterprises (including golf and cemeteries).
(7) The City will not enter into any advertising agreements with a company whom
The City is in, or is entering into, litigation.
KITCHENER Page 2 of 5 MARCH 2014
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POLICY NUMBER: TBD
POLICY TYPE: TBD
SUBJECT: MUNICIPAL ADVERTISING POLICY
Advertising Criteria:
When determining whether or not an advertisement is acceptable, the City will be
guided by the principles embodied in the Canadian Code of Advertising
Standards (CCAS) which is administered by Advertising Standards Canada.
All advertisements on municipal assets must adhere to the CCAS and must
comply with federal and provincial statutes, and municipal by-laws or policies.
The City will not accept Advertising from companies whose reputation, products,
services or message could prove detrimental or reflect negatively on the City's
public image and/or whose business is derived from
• pornography;
• the support of or involvement in the production, distribution and sale of
weapons and other life-threatening products, or;
• the sale of tobacco.
In keeping with the CCAS, advertisements on municipal assets will not:
• condone any form of personal discrimination, including that based upon race,
national origin, religion, sex or age;
• appear in a realistic manner to exploit, condone nor incite violence, nor
appear to condone, encourage or exhibit obvious indifference to unlawful
behaviour;
• demean, denigrate or disparage any identifiable person, group or persons,
organization, profession, product or service or attempt to bring them into any
public contempt or ridicule, or;
• undermine human dignity, display obvious indifference to or encourage,
gratuitously and without merit, conduct or attitudes that offend the standards
of public decency among a significant segment of a population.
In addition, the City will not accept any advertisement that disparages a City
program, service, facility, event or employee.
Advertisements of alcoholic products will be accepted on municipal assets that
are not primarily geared towards youth, so long as they are permitted by Federal,
Provincial or Municipal law, including the Liquor Licensing Board of Ontario.
Notwithstanding the above, the City may at any time, by providing the Company
with 90 days advance notice, alter its policy on the Advertising of alcoholic
products.
Any product or service which is prohibited from sale to minors will not be
advertised on municipal assets primarily geared towards youth.
KITCHENER Page 3 of 5 MARCH 2014
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POLICY NUMBER: TBD
POLICY TYPE: TBD
SUBJECT: MUNICIPAL ADVERTISING POLICY
The City will not accept advertisements of a partisan or political nature of any
kind on municipal assets.
Although the City is guided by the CCAS, the City retains the right to refuse or
order the removal of any Advertising material at any time, at its sole discretion.
Administrative Responsibilities:
Unsolicited Advertising proposals received by the City will be reviewed by the
City's Corporate Partnership Program Steering Committee and evaluated by the
provisions of this policy for a decision.
City staff may, at their discretion, chose to bring any Advertising proposals to City
Council for their consideration if staff determines circumstances warrant
Council's approval before proceeding.
City Council approval is required for any Advertising contract that does not satisfy
the provisions of this policy.
The City reserves the right to terminate an existing advertising agreement should
conditions arise that makes it no longer in the best interests of the City.
Third-Party Advertising
In cases where the City has engaged the services of a third-party company to
assist in the sale of advertisements on municipal assets, the following process
will be applied when a disagreement arises between the third-party company and
a potential advertiser:
• Potential advertisers shall deal with the Company directly and the Company
shall interpret this policy. If there is disagreement between the Company and
a potential advertiser on policy interpretation, the matter may be referred to
City staff for consideration.
• A contract must be signed with the Company before the matter will be
considered by the City. In cases where the content of an ad is in dispute, the
contract will be signed "subject to approval by the City".
• City staff charged with the responsibility of interpreting and implementing the
City Advertising policy may overrule decisions made by the Company.
Should a change in policy be requested or a question of policy interpretation be
raised by potential advertisers, the City may become involved, at its discretion.
The City continues to be the sole and final arbiter in all matters relating to City
Advertising acceptance.
KITCHENER Page 4 of 5 MARCH 2014
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POLICY NUMBER: TBD
POLICY TYPE: TBD
SUBJECT: MUNICIPAL ADVERTISING POLICY
The Company agrees that Advertising is to be accepted based on all current or
future policies of acceptable Advertising and the City shall not be held
responsible for any loss of Advertising business as a result of any changes it
shall make in its policy regarding the acceptability of certain types of Advertising
or individual advertisements.
SEE ALSO POLICIES ON:
In addition to the specific statements contained within this policy, Advertising on
any municipally owned and operated website is also governed by I-212,
Municipal Website Policy.
KITCHENER Page 5 of 5 MARCH 2014
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COUNCIL POLICY RESOLUTION
POLICY NUMBER: 1-1185 DATE: SEPTEMBER 17, 2007
Amended: June 27, 2011
Amended: October 22, 2012
POLICY TYPE: STREET
SUBJECT: BANNER POLICY - MUNICIPAL
POLICY CONTENT:
1. MUNICIPAL BANNER PROGRAM PURPOSE
(a) To complement the aesthetic appearance and/or improvement of
the Downtown Districts or other approved banner program
locations.
(b) To introduce color and a sense of excitement.
(c) To assist in the promotion of cultural or ethnic festivals,
conferences, major exhibitions, sporting events or other similar
occasions.
(d) To create an effective administrative process to manage a high
quality municipal banner program.
(e) To provide opportunities for lifestyle marketing, brand development
marketing and event promotions specific only to Downtown
Kitchener, City initiatives, City facilities (such as the Kitchener
Market, Centre In the Square, the KPL and the Auditorium) and/or
major exhibitions associated with City related facilities (such as
TheMuseum, K-W Art Gallery, etc.)
2. DEFINITIONS
"Sponsoring Organization"
Groups with a nonprofit status and/or with activities reflecting general
community interest.
"Manager of Special Events"
City official responsible for the proper management of the banner
program.
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POLICY NUMBER: 1-1185
SUBJECT: BANNER POLICY - MUNICIPAL
2. DEFINITIONS, CONT'D
"Streetlight Banner"
Banners used in the City which are placed on City-owned streetlight poles.
Under the City of Kitchener Sign By-Law, these are identified as Projecting
Signs.
"Municipal Banner Program"
All aspects of establishing and maintaining the ongoing use of City banner
system components by approved organizations and their sponsors.
"Municipal Banner System"
All items that allow for the placement of both hardware and banners within
the City of Kitchener
"Community Event"
Shall be defined as an event, or a series of related events involving a
subject matter of interest to a significant portion of the residents of the City
of Kitchener which promotes civic pride in a local community within the
City of Kitchener, and which is not a purely commercial enterprise and
where the proceeds, if any, will directly benefit either a charitable or non-
profit organization.
"Charitable Event"
Shall be defined as an event, or a series of related events involving a
subject matter of interest to a significant portion of the residents of the City
of Kitchener and where the proceeds, if any, will directly benefit a
charitable organization which maintains its charitable status.
"Non-Profit Event"
Shall be defined as an event, or series of related events involving a
subject matter of interest to a significant portion of the residents of the City
of Kitchener which is sponsored by an organization which is incorporated
or otherwise organized as a non-profit organization and where the
proceeds, if any, will directly benefit either a charitable or non-profit
organization.
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POLICY NUMBER: 1-1185
SUBJECT: BANNER POLICY - MUNICIPAL
2. DEFINITIONS, CONT'D
"City of Kitchener Event"
Shall be defined as an event, or series of related events involving a
subject matter of interest to a significant portion of the residents of the City
of Kitchener which is also an event sponsored by the City of Kitchener.
"Non-Event"
Shall be defined as area or community identification, public service or civic
announcement or recognition of the existence of the diverse
neighborhoods throughout the City of Kitchener.
3. BANNER POLICY
(a) Eligibility:
Potential banner program participants should represent or promote
local non-profit or cultural civic events or activities of particular
interest or benefit to the Kitchener community. Banners are not to
be used for commercial advertising or to advertise or promote
political candidates, parties, or issues. Corporate sponsorship or
underwriting may be recognized through the appearance of the
sponsor's logo and/or name on the banner. Corporate sponsorship
identity may appear on no more than 20% of the banner area.
Moreover, corporate sponsorship messages must be subordinate to
the overall banner message and in balance with the comprehensive
banner design.
(b) Banner Information Content:
All banner designs should be artistic in nature, graphically or
symbolically representing the subject/purpose of the community
event or non-profit group. Banners can include text for dates,
activities, logos, and/or title of event.
(c ) Banner Design:
The graphic design of all banners used in the Kitchener Banner
program shall be developed by each individual sponsoring
organization under the banner program guidelines set forth in this
document.
If banner design has images and/or faces of professional models,
the applicant shall have written agreement and/or contract with said
models.
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POLICY NUMBER: 1-1185
SUBJECT: BANNER POLICY - MUNICIPAL
3. BANNER POLICY, CONT'D
(d) Banner Specifications:
Streetlight banners shall comply with the following specifications:
(i) All banners in the Kitchener Municipal Banner Program shall
be printed on both sides of the banner fabric.
(ii) Street banners shall meet the requirements for size,
materials and mounting requirements as specified by staff.
(iii) The City reserves the right to regulate and/or limit the
amount and size of text, colour and images used on banners
to ensure all banners are legible, attractive and appropriate
for community viewing.
(e) Application Process:
The sponsoring organization shall make a written application and
present it to the Manager of Special Events office no more than one
year and no less than four (4) weeks prior to planned installation
date.
Application shall include:
(i) Name of special event,
(ii) Name of sponsoring organization,
(iii) Date of special event,
(iv) Time period requested for banner exposure,
(v) The application must include a clear replica of the proposed
banner or banners, including any text on said banners,
(vi) Number of streetlight banners
(vii) Application fee; and,
(viii) Requested location of banners.
The City shall honor recognized events, which are held annually by
reserving banner space for the following events. These events
include but are not limited to:
(i) Oktoberfest,
(ii) Kitchener Blues Festival,
(iii) Kidspark,
(iv) Tapestry,
(v) Word on the Street,
(vi) Christkindl Market,
(vii) Cruising on King, and
(viii) CAFKA/Impact.
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POLICY NUMBER: 1-1185
SUBJECT: BANNER POLICY - MUNICIPAL
3. BANNER POLICY, CONT'D
(e) Application Process, cont'd:
Other special events shall be approved on a first-come first-served
basis.
(f) Approval Time:
Once reviewed by the Manager of Special Events office, allow at
least two (2) weeks before confirmation of application is received or
rejected.
(g) Appeals:
The Manager of Special Events is authorized by the City of
Kitchener Council to approve the design and placement of
streetlight banners and cross-street banners. If the Manager of
Special Events denies a banner design or a placement request, the
sponsoring organization may appeal this decision directly to the
City Council by asking to be placed on the next available City
Council Meeting.
(h) Banner Placement:
The City of Kitchener shall be responsible for arranging for the
placement and retrieval of approved streetlight banners. The event
organizer shall incur a charge associated with the installation and
removal of special event banners for each event. This may include
the charge to remove an existing banner and the charge to reinstall
the existing banner upon event completion. The charges shall be
consistent with the rates charged by the City's contracted installer.
Installation fees shall be submitted to the City before banner
placement will be permitted.
In the Spring of each year, the City may place a limited number of
banners associated with those events listed in section 3(e) of this
policy, at no cost to the event.
For all other banner requests, the banners shall be hung on a
block-by-block basis. An event must hang banners on all banner
poles on a given block, and may not place banners sporadically or
partially on a block. Each event may be limited to placing banners
on a maximum of 4 blocks. Blocks will be assigned on a first-come-
first-serve basis, with priority given to those events identified in
section 3(e).
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POLICY NUMBER: 1-1185
SUBJECT: BANNER POLICY - MUNICIPAL
3. BANNER POLICY, CONT'D
(i) Length of Exposure:
Those banners associated with section 1(e) and a limited number of
banners associated with those events listed in section 3(e) may be
hung in perpetuity. All other banners shall be hung for a period not
to exceed three weeks. Additional banners associated with those
events listed in section 3(e) may be hung for a period not to exceed
three weeks.
(j) Storage / Liability:
All banners shall be the responsibility of the sponsoring
organization. The City will not be responsible for storing banners.
(k) Banner Condition:
The Manager of Special Events has the authority to refuse the
placement of streetlight banners or cross-street banners, which,
because of previous use, are in poor condition. In addition, the
Manager of Special Events has the authority to order the removal of
banners, which have become, frayed, ripped or otherwise unsightly.
(1) Banner Production
The sponsoring organization shall be responsible for manufacturing
and producing all banners associated with their request, and shall
bear all costs associated.
(m) Exemption from Application Fee
All City-associated departments and facilities shall be exempt from
paying the application fee, including, but not limited to, Centre In
The Square, the Kitchener Market, the Aud and the Kitchener
Public Library.
4. APPROVAL
(a) The City's Manager of Special Events shall grant approve all event
related banner requests, including graphic design and banner
placement/locations, in consultation with the City's Manager of
Downtown Community Development and the City's Manager of
Strategic, Marketing and Creative Services.
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POLICY NUMBER: 1-1185
SUBJECT: BANNER POLICY - MUNICIPAL
4. APPROVAL, CONT'D
(b) The City's Manager of Downtown Community Development shall
approve all lifestyle marketing or brand development marketing
banner requests, including graphic design and banner
placement/locations, in consultation with the City's Manager of
Special Events and the City's Manager of Strategic, Marketing and
Creative Services.
(c) The City's Manager of Downtown Community Development shall
coordinate the installation and removal of all banners.
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