HomeMy WebLinkAboutResolution 2006-016A N.C.S. 01/23/2006 Resolution No. 2006-016A N.C.S.
of the City of Petaluma, California
RESOLUTION ESTABLISHING
CITY ADVERTISING POLICY FOR CITY BUSES
AND PUBLIC PARKING STRUCTURES
WHEREAS, the City Council of the City of Petaluma desires to establish a City
advertising policy for City buses and public parking struchires; and,
WHEREAS, the selling of advertising on the buses and public parking structures is for
the purpose of generating revenue to be used for City services and programs consistent with the
public transportation, safety, and health purposes served by such public facilities; and,
WHEREAS, the advertising space on City buses and public parking structures is not and
has not been designated as a place for public discourse; and,
WHEREAS, the City buses and public parking structures have been and are intended to
remain non-public forums in accordance with Children of the Rosary v. City of Phoenix (9t" Cir.
1998) 154 F.3d 572; and,
WHEREAS, the City of Petaluma desires to regulate the advertising that will be
permitted on the City buses and public parking structures consistent with the requirements
applicable to the regulation of speech by the government acting as proprietor in non-public
forums in accordance with U.S. and California law; and,
WHEREAS, the City of Petaluma desires to prohibit certain advertising, including all
political, religious and other non-commercial advertising on City buses and public structures;
and,
WHEREAS, the City of Petaluma has developed an Advertising Policy that will regulate
advertising on City buses and public structures consistent with U.S. and California .law.
Resolution No. 2006-O16A N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma adopts an advertising policy for City buses and public parking structures, a copy of
which is attached hereto and marked as Exhibit A.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pproved ?U
Council of the City of Petaluma at a Regular meeting on the 23rd day of January, ~ fornr
2006, by the following vote:
City Attorn
AYES: Mayor Glass, Harris, Healy, Nau, O'Brien, Torliatt
NOES: None
ABSENT: Vice Mayor Canevaro
ABSTAIN: None
ATTEST: ~ ~ ,
City Clerk Mayor
Resolution No. 2006-016A N.C.S. Page 2
EXHIBIT A
CITY OF PETALUMA ADVERTISING POLICY
FOR CITY BUSES AND PUBLIC PARKING STRUCTURES
1. All proposed advertising shall be submitted to the City of Petaluma or its designee for
review and approval. The advertisements must be submitted in sufficient detail to
determine the content and final general appearance of the advertisement.
2. .Any advertisement that does not comply with the standards set forth by the City in
paragraph 4, shall be rejected.
3. The subject matter of all advertising shall be limited to those advertisements that
.propose a commercial transaction.. (Advertising that proposes a commercial
transaction for purposes of this policy excludes advertising that includes expression of
political or religious views, regardless of speaker or viewpoint.)
4. Advertisements may not be displayed that:
a. Advertise alcohol or tobacco products;
b. Advertise illegal activity;
c. Contain words or images that are defamatory in nature or that are directed
toward inciting imminent lawless actions;
d. Contain obscene matter as that term is defined in California Penal Code §31 1(a)
or contain statements or words of an obscene, indecent or immoral character, or
any picture or illustration of the human figure in such detail as to offend public
morals or decency pursuant to California Business and Professions Code section
5402;
e. Are false, misleading and/or deceptive.
Resolution No. 2006-016A N.C.S. Page 3