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Council advances consolidated encumbrance ordinance after heated debate over projecting signs and insurance
Summary
Councilors passed second reading of a consolidated Chapter 6 encumbrances ordinance, replacing scattered rules with a single code. Business owners raised concerns about a proposed 'annual permit' and liability insurance for projecting signs; the council amended language to clarify permits are revocable and require submission of a certificate of insurance naming the city as additional insured, with notice of cancellation; third reading set for Dec. 8.
The Portsmouth City Council on Nov. 17 advanced a package of changes consolidating the city's encumbrance and public property-use rules into a revised Chapter 6, after hours of public comment and council debate focused on projecting signs and insurance requirements.
Governance committee counsel presented the rewrite as a housekeeping and consolidation effort to move theatrical, parade, construction and signage rules into a single location for clarity and efficiency. The draft also included a new reporting requirement to council and an appeal process for denied permits.
Business owners and property managers raised concerns that the ordinance's original phrasing — which used the phrase "annual permit" for projecting signs and overhangs — could create a burdensome recurring reapplication process. "If every single sign that the planning board approves...will it have to ask for their approval annually?" asked Councilor Blaylock on behalf of business concerns.
City attorneys and staff explained that encumbrance permissions have long been treated as revocable licenses and that the recent change is intended to ensure the city is named additional insured for overhead signs and other encumbrances that occupy public airspace. "When somebody is using our property, we are going to be liable if something happens and someone is injured on our property," said a city attorney during the discussion.
Councilors proposed and approved amendments to replace 'annual permit' language with a clarification that permits are revocable and that a certificate of insurance naming the city as additional insured must be provided; the amendment also included a requirement for notice of policy cancellation. Council passed the amended ordinance on second reading and scheduled third and final reading for Dec. 8.
What happens next: The council will consider third and final reading of the consolidated Chapter 6 on Dec. 8; staff will publish implementing rules and update permitting processes to allow electronic certificate submission and periodic reporting to council.
