HomeMy WebLinkAboutOrdinance 1797, Advertising on municipal property.pdf fag BOZ
• Commission Memorandum
ca.
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Burns, Parking Manager
Chris Kukulski, City Manager
Greg Sullivan, City Attorney
SUBJECT: Ordinance No. 1797,amending Bozeman Municipal Code Chapter 3.28
allowing the City to enter into advertising programs on municipal property.
MEETING DATE: November l5,2010
AGENDA ITEM TYPE: Action Item.
RECOMMENDATIONS: Pass Ordinance No. 1797 that amends Bozeman Municipal Code
Chapter 3.28 to allow the City to enter into advertising programs on municipal property.
BACKGROUND: It is the intent of the Bozeman Parking Commission to sell advertising
space on the interior of Bridger Park Downtown, the city-owned parking garage on East
Mendenhall Street.
BMC Chapter 3.28 was created by Ordinance No. 1657 in 2005. The Legislative Findings from
3.28.010 are still true today, that is, the City of Bozeman has an outstanding opportunity to
generate revenue by allowing for advertising on some of its municipal properties.
However, BMC Chapter 3.28.020 limits the agreement terms to 180 days. To broaden the base of
potential advertisers, a new Chapter 3.28.030 is inserted with this ordinance that allows for terms
of up to three years for the purpose of administering an advertising program.
The Parking Commission anticipates first-year revenue of up to $4,000 per year, depending on
the demand. It is expected that in subsequent years,revenue will grow well beyond these early
expectations. The expected steady stream of advertising revenue will help offset operating
expenses.
While not meant to be, interior walls of parking garages are dull, drab, lifeless landscapes. The
Parking Commission sees inside advertising as an opportunity to lighten up the gray walls.
Signage will bring vitality to the structure and has shown to decrease graffiti.
Neither the Parking Commission nor city staff would sell, install,maintain,or remove the
advertising signage. The Parking Commission will enter a contract of up to three years with a
third party which will create an indoor advertising program. A share of the revenue would be
paid to the Parking Commission quarterly.
In addition to the interior walls of Bridger Park Downtown,the stairwells and elevators would
also be considered as potential sites for signage. Sign materials will be full color, easily cleaned,
and securely installed.
The Parking Commission envisions signs of all shapes and sizes,but understands that all signs
must abide by BMC Chapter 3.28.040, including a new provision in this ordinance that prohibits
any advertising related to medical marijuana.
The new BMC Chapter 3.28.030 also states that all signage must be approved by a city employee
prior to installation.
To kickoff the program, the vendor is expected to install framed signage with wording such as
"Your ad here." It is expected that once these teaser signs are installed and businesses become
aware of the new campaign, signs will sell quickly.
FISCAL EFFECTS: Potential revenue generation of up to $4,000 in the first year, with
expected growth in following years.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Ordinance No. 1797
Report compiled on: November 4,2010
9
4 'L
ORDINANCE NO. 1797
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING 3.28.010, 3.28.020, AND 3.28.030 OF THE BOZEMAN
MUNICIPAL CODE AND ADDING A NEW SECTION TO CREATE AUTHORITY
FOR THE CITY TO ENTER INTO ADVERTISING PROGRAMS AND AMENDING
3.28.030 TO PROHIBIT ADVERTISING SIGNS ON MUNICIPAL PROPERTY
RELATED TO MEDICAL MARIJUANA
WHEREAS, Section 7-1-101, MCA, states, "As provided by Article XI, section 6,of the
Montana constitution, a local government unit with self-government powers may exercise any
power not prohibited by the constitution,law,or charter;"and
WHEREAS, Section 7-1-104, MCA, states, "The powers of a self-government unit,
unless otherwise specifically provided, are vested in the local government legislative body and
may be exercised only by ordinance or resolution;"and
WHEREAS, Section 7-1-105, MCA, states, "All state statutes shall be applicable to self-
government local units until superseded by ordinance or resolution in the manner provided in
chapter 5,part 1 and subject to the limitations provided in this part,"and
WHEREAS, Section 7-1-106, MCA, states, "The powers and authority of a local
government unit with self-government powers shall be liberally construed. Every reasonable
doubt as to the existence of a local government power or authority shall be resolved in favor of
the existence of that power or authority,"and
WHEREAS, nothing in Montana Iaw prohibits a self-governing local government, such
as the city of Bozeman, from adopting programs related to advertising on municipal property;
and
WHEREAS,the Bozeman City Commission finds that creation of long-terni programs to
sell advertisements on municipal property will bring additional funding to the city of Bozeman
while reducing tax burden on property owners and citizens; and
WHEREAS, Ordinance No. 1657 created a process to allow for the placement of
advertisements on city property subject to specific limitations and the City Commission now
desires to create additional municipal code provisions that allow for the development of
advertising programs that would be in addition to the existing process for placement of
individual advertisements; and
Provisional Adoption ORDINANCE NO.1797Regarding Creation of Advertising Programs on Municipal Property
Page 1 of 5
WHEREAS, the City Commission finds that in addition to the current prohibitions on
advertisements a prohibition on advertisements related to medical marijuana on municipal
property is in the best interest of the city.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana,that:
Section 1
Chapter 3.28 of the Bozeman Municipal Code shall be amended to read as follows:
Chapter 3.28
ADVERTISEMENT SPACE ON MUNICIPAL PROPERTY
Sections:
3.28.010 Legislative Findings
3.28.020 Application For Individual Advertisements
3.28.030 Advertising Programs—Contract Authorized
3.28.0340 Advertising Standards
3.28.0450 Exemption From Uniform Development Sign Code Provisions
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 certain 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.
F. Entering into agreements to manage advertising programs on certain city property is in the
best interest of the city as management of an advertising, program by a contracted party will
reduce the city's administrative overhead in managing an advertising pro ram.
3.28.020 Application for Individual Advertisements
A. Any person seeking to commercially advertise on Lfty Bezeman property other than under
3.28.030 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.
Provisional Adoption ORDINANCE NO.1797Regarding Creation of Advertising Programs on Municipal Property
Page 2 of 5
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 3.28.0340, or when there are no appropriate advertising spaces
available.
3.28.0-340 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. Advertisement that is obscene or would be in violation of MCA 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 shall be placed on the exterior of any city-owned structures.
14. Advertisements that portray or depict any activities, products, or services related to
medical marijuana.
C. The applicant and the business or person represented by the applicant must be in compliance
with all city ordinances and laws.
3.28,0450 Exemption From Uniform Development Sign Code Provisions
Any advertisement installed under this Chapter is exempt from complying with the provisions of
$W-Tftirefm T,,,,.,,t,..,,, en!Code(UDC), ,..de Title 18 of this Code relating to signs.
Section 2
A new section of the Bozeman Municipal Code shall be added to Chapter 3.28 as follows:
Provisional Adoption ORDINANCE NO.1797Regarding Creation of Advertising Programs on Municipal Propert-,
Page 3 of 5
3.28.030 Advertising Programs—Contract Authorized
The City Commission may authorize the City Manager to enter into a contract for a term not to
exceed three years for the purpose of administering a program to advertise on city property. Each
advertisement install under an adopted program must comply with the standards in 3.28.040 and
this code. Each advertisement must be reviewed and approved by a city employee designated in
the contract.
Section 3
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 4
Savings Provision.
This ordinance does not affect the rights or duties that matured, penalties and assessments
that were incurred, or proceedings that began before the effective date of this ordinance except
any application for a city zoning or business license not approved as of the effective date of this
ordinance must comply with the terms of this ordinance prior to approval.
Section 5
Codification Instruction.
The provisions of Sections 1 and 2 shall be codified as appropriate in Chapter 3.28 of the
Bozeman Municipal Code.
Section 6
Repealer.
Upon the effective date of this ordinance as established in Section 7, the provisions of
this ordinance shall supersede and replace any other provision of the Bozeman Municipal Code
not in conformance with this ordinance.
Section 7
Effective Date.
The effective date of this ordinance is 30 days after passage on final reading.
Provisional Adoption ORDINANCE NO.1797Regarding Creation of Advertising Programs on Municipal Properh
Page 4 of 5
PROVISSIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 15th day of November, 2010.
JEFFREY K. KRAUSS
Mayor
ATTEST:
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
Provisional Adoption ORDINANCE NO.I797Regarding Creation of AdNertising Programs on Municipal Property
Page 5 of 5