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HomeMy WebLinkAboutOrdinance 05- 1657 Amend Bozeman Municipal Code New Chapter 3.28 ORDINANCE NO. 1657 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 3.28; PROVIDING FOR THE SALE OF ADVERTISEMENT SPACE ON MUNICIPAL VEHICLES AND OTHER MUNICIPAL PROPERTY.. WHEREAS, the Bozeman City Commission finds that selling advertisement space on municipal vehicles and on other municipal property will bring additional funding into the City coffers while reducing the tax burden of its citizens; WHEREAS, the City of Bozeman has and continues to maintain certain equipment, vehicles, solid waste containers, and other property that would be suitable for the placement of advertisement; WHEREAS, the Bozeman City Commission deems it appropriate from time to time for the City to allow appropriate advertisements to appear on said equipment, solid waste containers, vehicles, and property; WHEREAS, the Bozeman City Commission had determined that it is in the best interest of the City of Bozeman to advertise on suitable municipal property and to establish a policy to be followed in determining the types of advertisement that may appear on municipal property. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Bozeman Municipal Code be amended by adding a new Chapter to be numbered Chapter 3.28, to read as follows: "Chapter 3.28 ADVERTISEMENT SPACE ON MUNICIPAL PROPERTY 3.28.010 Legislative Findings The City Commission of the City of Bozeman, Montana finds that: A. The selling of advertisement space on municipal vehicles, equipment, solid waste containers, and other property will bring in needed revenue and will assist in relieving the tax burden of Bozeman citizens. ---.---------- B. The City of Bozeman has and will continue to have vehicles, equipment, solid waste containers. and other property suitable for advertisement space. C. It is appropriate to sell advertisement space from time to time on specific municipal property. D. The vehicles, equipment, solid waste containers, and other property to be used for advertisement space are not public forums and therefore all advertisement will be commercial in nature. E. Limiting advertisement only to commercial advertisement maintains a position of neutrality on political and religious issues; protects municipal property from vandalism and destruction; prevents a reduction of income that occurs when political and religious messages are utilized; and prevents the violation of the establishment clause. 3.28.020 Application A. Any person seeking to commercially advertise on Bozeman property must submit an application with the proposed advertisement to the City Manager for approval to ensure compliance with this chapter, and must enter into an agreement acceptable to the City. The term of the agreement shall not exceed one hundred eighty days. B. The application must contain a full advertising graphic design in sufficient detail to determine content and final general appearance, including the scaled location of the advertisement on the subject property. C. The City Manager shall reject an application that is incomplete, that does not comply with the standards set forth in Section 3.28.030, or when there are no appropriate advertising space available. 3.28.030 Advertising Standards A. The SUbject matter of all advertisement shall be limited to speech that proposes a commercial transaction. B. Prohibited advertising copy and graphics: 1. Advertisement that is unlawful or relates to illegal activity. -2- 2. Advertisement that is obscene or would be in violation of MCA Section 45-8-206. Public Display or Dissemination of Obscene Material to Minors. 3. Advertising of alcohol or tobacco products. 4. Advertising of commercial advertisements by political candidates for public office and advertisements concerning ballot issues. 5. Advertising of contraception products or hygiene products of an intimate personal nature. 6. Advertising of products or services with sexual overtones such as escort services, or establishments featuring X~rated or pornographic movies or products. 7. Advertisement that depicts violence and/or anti-social behavior. 8. Advertisement that is false, misleading, or deceptive. 9. Advertisement using threatening, obscene, profane, vulgar, or abusive language. 10. Advertisement that holds up individuals or groups of people to public ridicule. derision, or embarrassment. 11. Advertisement that supports or opposes a candidate. issue. or cause. or which advocates or opposes a religion, denomination, religious creed, tenet. or belief. 12. Advertisements may not be placed on park or trail benches or picnic tables that currently contain "In Memoriam" plaques. 13. No advertisements Sh8U be ol8cel'llmerexisftnQ ci~ 10Qos. nor shall the Dlscement of ad'Yertise",el'its:fIequirett'le remov81 or relocetion of existing citylogos~ +47 13. No advertisements shall be placed on tne'exterior of any city-owned structures. C. The applicant and the business or person represented by the applicant must be in compliance with all city ordinances and laws. 3.28.040 Exemption From Uniform Development Sign Code Provisions Any advertisement installed under this Chapter is exempt from complying with the provisions of the Uniform Development Code (UDC) under Title 18 of this Code relating to signs." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. - 3 - Section 3 Severability. . If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage on second reading. PASSED AND ADOPTED by the City Commission of the City of Bozeman. Montana, at a regular session thereof held on the 5th day of Decembe 20 5. ATTEST: ~ ~./~ R BIN L. SULLIVAN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of ,2005. AND . RARO, Mayor ATTEST: ~J~ R L. SULLIVAN City Clerk AS TO FORM: . -4- ,. ORDINANCE NO. 1657 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 3.28; PROVIDING FOR THE SALE OF ADVERTISEMENT SPACE ON MUNICIPAL VEHICLES AND OTHER MUNICIPAL PROPERTY.. WHEREAS, the Bozeman City Commission finds that selling advertisement space on municipal vehicles and on other municipal property will bring additional funding into the City coffers while reducing the tax burden of its citizens; WHEREAS, the City of Bozeman has and continues to maintain certain equipment, vehicles, solid waste containers, and other property that would be suitable for the placement of advertisement; WHEREAS, the Bozeman City Commission deems it appropriate from time to time for the City to allow appropriate advertisements to appear on said equipment, solid waste containers, vehicles, and property; WHEREAS, the Bozeman City Commission had determined that it is in the best interest of the City of Bozeman to advertise on suitable municipal property and to establish a policy to be followed in determining the types of advertisement that may appear on municipal property. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Bozeman Municipal Code be amended by adding a new Chapter to be numbered Chapter 3.28, to read as follows: "Chapter 3.28 ADVERTISEMENT SPACE ON MUNICIPAL PROPERTY 3.28.010 Legislative Findings The City Commission of the City of Bozeman, Montana finds that: A. The selling of advertisement space on municipal vehicles, equipment, solid waste containers, and other property will bring in needed revenue and will assist in relieving the tax burden of Bozeman citizens. B. The City of Bozeman has and will continue to have vehicles. equipment, solid waste containers. and other property suitable for advertisement space. C. It is appropriate to sell advertisement space from time to time on specific municipal property. D. The vehicles, equipment, solid waste containers, and other property to be used for advertisement space are not public forums and therefore all advertisement will be commercial in nature. E. Limiting advertisement only to commercial advertisement maintains a position of neutrality on political and religious issues; protects municipal property from vandalism and destruction; prevents a reduction of income that occurs when political and religious messages are utilized; and prevents the violation of the establishment clause. 3.28.020 Application A. Any person seeking to commercially advertise on Bozeman property must submit an application with the proposed advertisement to the City Manager for approval to ensure compliance with this chapter, and must enter into an agreement acceptable to the City. The term of the agreement shall not exceed one hundred eighty days. B. The application must contain a full advertising graphic design in sufficient detail to determine content and final general appearance, including the scaled location of the advertisement on the subject property. C. The City Manager shall reject an application that is incomplete. that does not comply with the standards set forth in Section 3.28.030, or when there are no appropriate advertising space available. 3.28.030 Advertising Standards A. The subject matter of all advertisement shall be limited to speech that proposes a commercial transaction. B. Prohibited advertising copy and graphics: 1. Advertisement that is unlawful or relates to illegal activity. - 2 - 2. Advertisement that is obscene or would be in violation of MCA Section 45-8-206, Public Display or Dissemination of Obscene Material to Minors. 3. Advertising of alcohol or tobacco products. 4. Advertising of commercial advertisements by political candidates for public office and advertisements concerning ballot issues. 5. Advertising of contraception products or hygiene products of an intimate personal nature. 6. Advertising of products or services with sexual overtones such as escort services, or establishments featuring X-rated or pornographic movies or products. 7. Advertisement that depicts violence and/or anti-social behavior. 8. Advertisement that is false, misleading, or deceptive. 9. Advertisement using threatening, obscene, profane, vulgar, or abusive language. 10. Advertisement that holds up individuals or groups of people to public ridicule, derision, or embarrassment. 11 . Advertisement that supports or opposes a candidate, issue, or cause, or which advocates or opposes a religion, denomination, religious creed, tenet, or belief. 12. Advertisements may not be placed on park or trail benches that currently contain "In Memoriam" plaques. 13. No advertisements shall be placed over existing city logos, nor shall the placement of advertisements require the removal or relocation of existing city logos. 14. No advertisements shall be placed on city-owned structures. C. The applicant and the business or person represented by the applicant must be in compliance with all city ordinances and laws. 3.28.040 Exemption From Uniform Development Sign Code Provisions Any advertisement installed under this Chapter is exempt from complying with the provisions of the Uniform Development Code (UDC) under Title 18 of this Code relating to signs." Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. - 3 - '* " Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage on second reading. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of December 2 5. AND ATTEST: ~J~ R L. SULLIVAN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day of ,2005. ANDREW L. CETRARO, Mayor ATTEST: ROBIN L. SULLIVAN City Clerk APPROVED AS TO FORM: PAUL J. LUWE City Attorney -4-