HomeMy WebLinkAboutRESOLUTION 2025-105 N.C.S. 07/21/2025Resolution No. 2025-105 N.C.S. Page 1
Resolution No. 2025-105 N.C.S.
of the City of Petaluma, California
RESOLUTION ADOPTING THE PETALUMA TRANSIT ADVERTISING POLICY
WHEREAS, the City of Petaluma provides transit service throughout the city of Petaluma through Petaluma
Transit, Petaluma Paratransit, and LumaGo; and
WHEREAS, Petaluma Transit makes available space on the back of its buses, bus interiors, and at bus shelters
for advertising; and
WHEREAS, Petaluma Transit believes that using the Petaluma Transit fleet and shelters for advertising is
best achieved by following a uniform standard for the display of advertising that does not interfere with Petaluma
Transit’s operations and objectives, attached as Exhibit A; and
WHEREAS, this policy provides guidelines for acceptable content in Petaluma Transit advertising spaces to
avoid disruptive or controversial ads that may upset riders or distract from its mission; and
WHEREAS, adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15061(b)(3), which established the general rule for projects
concerning which it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows:
1.Declares the above recitals are hereby declared to be true and correct and are incorporated into this resolution
as findings of the City Council.
2.Finds that the proposed action is exempt from the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15061(b)(3), which established the general rule for projects
concerning which it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment and here adopting the advertisement policy does not create any
direct or indirect physical impacts on the environment. Furthermore, if this action did constitute a project, it
would be exempt under CEQA Guidelines Section 15301 (Existing facilities) as the advertisements would be
installed on existing facilities like buses or bus stops..
3.Adopts the Transit Advertising Policy, attached 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
Council of the City of Petaluma at a Regular meeting on the 21st day of July 2025,
by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
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Resolution No. 2025-105 N.C.S. Page 2
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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Exhibit A
Updated 6/18/2025
CITY OF PETALUMA
PETALUMA TRANSIT ADVERTISING POLICY
1. BACKGROUND
The City of Petaluma (“City”) provides public transportation services (“Petaluma Transit”)
within Petaluma. The City authorizes advertising on and in Petaluma Transit facilities and
property, including, but not limited to: (1) advertising on the exterior of Petaluma Transit buses;
(2) advertising displayed at Petaluma Transit bus shelters; and (3) advertising in the interior of
Petaluma Transit buses.
This Advertising Policy (“Policy”) shall apply to the sale of all forms of current and future
advertising on all Petaluma Transit vehicles and facilities owned and/or managed by the City of
Petaluma.
2. PURPOSE
The purpose of the policy is to strengthen Petaluma Transit’s fiscal sustainability by maximizing
advertising revenues to support Petaluma Transit operations. Advertising shall not interfere with
Petaluma Transit’s delivery of transit services to the public.
Petaluma Transit desires that its passengers not be subject to advertisements containing material
relating to political, religious, or issue advocacy about which public opinion can be widely
divergent and which some passengers may, therefore, find offensive. If passengers are so
offended, it could affect the ridership and revenue of Petaluma Transit adversely. In order to
realize the maximum benefit from the sale of space, the advertising programs must be managed
in a manner that will procure as much revenue as practicable, while ensuring that that the
advertising is of a type that: (1) does not discourage the use of the transit system; (2) does not
diminish Petaluma Transit’s reputation in the communities that it serves; and (3) is consistent
with the principal purposes of providing safe and efficient public transportation. To obtain these
objectives, the City has established the following regulations governing advertising.
Petaluma Transit’s acceptance of an advertisement does not constitute express or implied
endorsement of the content or message of the advertisement, including any person, organization,
products, services, information or viewpoints contained therein, or of the advertisement sponsor
itself. This endorsement disclaimer extends to and includes content that may be found via
internet addresses, quick response (QR) codes, and telephone numbers that may appear in posted
ads and that direct viewers to external sources of information.
3. ADVERTISING STANDARDS
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Petaluma Transit will make space on its transit vehicles and facilities available for limited types
of advertising (“Permitted Advertising”) in support of its proprietary function as a provider of
public transportation. In doing so, Petaluma Transit does not intend to create a public forum for
public discourse or expressive activity, nor to provide a forum for all types of advertisements.
Rather, advertising space is made available solely to advance Petaluma Transit’s mission—
supporting transit operations, promoting ridership, and generating revenue—in a manner
consistent with the safe and efficient delivery of services. Accordingly, Petaluma Transit’s
advertising spaces are designated as nonpublic forums, and all advertising shall be subject to this
uniform, viewpoint-neutral Policy.
In limited circumstances, Petaluma Transit may choose to display messages that it originates,
sponsors, or co-sponsors—such as safety campaigns or public service information—in which
case the City retains full editorial discretion. These messages may constitute government speech,
and as such are not subject to First Amendment constraints. See Pleasant Grove City v.
Summum, 555 U.S. 460, 467–69 (2009) (holding that when the government is the speaker, it may
choose the messages it wishes to convey). All other advertising from third parties will be
governed as private speech within a nonpublic forum.
Petaluma Transit will not permit the types of advertising defined as Excluded Advertising in
section 3.B below. By not allowing Excluded Advertising, Petaluma Transit can: (1) maintain a
professional advertising environment that maximizes advertising revenues and minimizes
interference with or disruption or its transit systems; (2) maintain an image of neutrality on
political, religious, and other issues that are not the subject of Commercial Advertising and are
the subject of public debate and concern; and (3) continue to build and retain transit ridership.
A. Permitted Advertisings
Permitted Advertising includes advertising in the following categories:
1.Commercial Advertising: advertising in which the sole purpose is to promote or solicit
the sale, rental, or distribution of products, goods, services, entertainment, events,
programs, or property (real or personal) for commercial purposes. It does not include
advertising that also conveys a political or religious message, or issue advocacy, and/or
expresses or advocates opinions or positions related to any of the foregoing.
2.Operations Advertising: advertising that promotes the City or Petaluma Transit and
their services.
3.Public Service Announcements: announcements which are sponsored by either a
government entity or a nonprofit corporation that is exempt from taxation under Section
501 (c) (3) and which are directed to the general public or a significant segment of the
public and relate to:
a. Prevention or treatment of illnesses
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b. Promotion of safety or personal well-being
c. Education or training
d. Art or culture
e. Provision of children and family services
f. Solicitation by broad-based contribution campaigns which provide funds to
multiple charitable organizations
g. Provision of services and programs that provide support to low income citizens,
senior citizens, and people with disabilities
4.Cross-Promotional Advertising: advertising in which the City collaborates with for-
profit or non-profit entities to promote using Petaluma Transit as a conveyance to a
specific event; such advertising may not contain any direct or indirect reference to
religious, political, or issue advocacy.
B. Excluded Advertising
Advertising cannot be displayed or maintained on transit vehicles and facilities if information in
the advertisement falls within one or more of the following categories of Excluded Advertising:
1.False or misleading: any material that is or that the sponsor reasonably should have
known is false, fraudulent, misleading, deceptive or would constitute a tort of defamation
or invasion of privacy.
2.Demeaning or Disparaging: advertising that contains material that demeans, disparages,
ridicules or mocks, is abusive or hostile to, or debases the dignity or stature of an
individual, group of individuals, or entity.
3.Profanity and Violence: advertising that contains any profane language, or portrays
images or descriptions of graphic violence, including dead, mutilated or disfigured
human beings or animals, or intentional infliction of pain or violent action towards or
upon a person or animal.
4.Copyright, Trademark or Otherwise Unlawful: advertising that contains any material
that is an infringement of copyright, trademark or service mark, or is otherwise unlawful
or illegal.
5. Unauthorized Endorsement: advertising that implies or declares that the City or
Petaluma Transit endorses a product, service, point-of-view, event, or program. The
prohibition against endorsements does not apply to advertising for a service, event, or
program for which the City or Petaluma Transit is an official sponsor, cosponsor, or
participant.
6.Obscene or Pornographic: any advertising that contains or involves any material that
describes, depicts, or represents sexual or excretory organs or activities in any way and
patently offensive sexual material lacking literary, social, artistic and/or political value,
that appeals to the prurient interest of a person of average sensibilities.
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7. Prohibited Products, Services, or Activities: any advertising that (1) promotes or
depicts the sale, rental, use, participation in, or images of the following products,
services, or activities; or (2) uses brand names or other material that are identifiable with
such products, services, or activities:
a. Tobacco: tobacco products, including, but not limited to, cigarettes, cigars, and
smokeless (e.g. chewing) tobacco or vaporless smoking products and devices (e.g.
vape pens)
b. Firearms: firearms, ammunition, or other firearms-related products
c. Adult/Mature Rated Films, Television, or Video Games: adult films rated “x”
or “N-17”, television rated “MA” or video games rated “A” or “M”
d. Adult Entertainment Facilities: adult book stores, adult video stores, nude dance
clubs, and other adult entertainment establishments
e. Other Adult Services: adult telephone services, adult internet sites, and escort
services
f. Law Firms: advertising for either entire law firms or individual lawyers. This
exclusion is based on operational concerns specific to the transit environment,
including the potential for such advertising to create the appearance of
government endorsement of legal claims, promote or imply conflict or liability, or
trigger anxiety in a captive audience. The exclusion is intended to preserve the
neutrality, comfort, and community-oriented focus of the transit system and is not
based on the viewpoint or specific content of any legal message. This exclusion
does not apply to public service announcements sponsored by governmental or
nonprofit entities that provide free or low-cost legal aid as part of a broader
community service initiative, provided such advertising does not promote specific
legal actions or claims.
8.Illegal Activity: any advertising that promotes any activity or product that is illegal under
federal, state or local law.
9.Unsafe Transit Behavior: any advertisement that encourages or depicts unsafe behavior
with respect to transit-related activities, such as non-use of normal safety precautions in
awaiting, boarding, riding upon or debarking from transit vehicles
10.Religious: advertisements that primarily promote or oppose a specific religious belief,
practice, denomination, or deity (including the existence or nonexistence thereof) are
excluded. This includes advertisements that use language or imagery clearly intended to
advance religious conversion, proselytization, or critique of religious doctrines. However,
ads that merely reference a religious organization’s name or sponsorship of a permitted
public service event (e.g., a food drive or vaccination clinic) without conveying a
religious message may be allowed under the Public Service Announcements provision,
subject to Petaluma Transit review.
11.Political: advertisements that promote or oppose a specific political party, candidate for
office, or ballot initiative are excluded. Also excluded are advertisements that take a
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position on controversial matters of public policy that are the subject of ongoing political
debate. This prohibition does not apply to announcements of nonpartisan civic events
such as voter registration drives that do not advocate for a particular political viewpoint.
4. ADMINISTRATION AND ENFORCEMENT OF POLICY
A. Review
All proposed transit advertising must be submitted to Petaluma Transit for initial compliance
review. Designated Petaluma Transit staff will perform a preliminary evaluation of the
submission to assess its compliance with this Policy. Petaluma Transit staff may at any time
discuss with the entity proposing the advertisement one or more revisions to an advertisement
which, if taken, would bring it into conformity with this Policy.
B. Notification
Petaluma Transit staff will send prompt written notification to the advertiser of the rejection of
the advertisement and will include in that notification a copy of this Policy and written
specification of which standard or standards the advertisement fails to comply with.
C. Appeal
Rejection of an advertisement may be appealed to the Transit Manager by written notification
within 15 days of the notice of rejection. The Transit Manager will allow the advertiser to
present any argument or evidence they wish to offer. The Transit Manager’s decision will be
provided within 30 days and shall be final.
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