HomeMy WebLinkAboutFinal Adoption of Ordinance No. 1797, advertising programs on municipal property
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Paul Burns, Parking Manager
Greg Sullivan, City Attorney
Chris Kukulski, City Manager
SUBJECT: Second Reading of Ordinance No. 1797, amending Chapter 3.28 of the
Bozeman Municipal Code to create authority for the city to enter into
advertising programs on municipal property.
MEETING DATE: November 29, 2010
AGENDA ITEM TYPE: Consent.
RECOMMENDATION: Approve the second reading of Ordinance No. 1797 that amends
3.28.010, 3.28.020, and 3.28.030 of the Bozeman Municipal Code and adds 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.
BACKGROUND: The City Commission approved the first reading of the ordinance on
November 15, 2010. The effective date of the ordinance is 30 days after passage of the second
reading, or December 29, 2010.
UNRESOLVED ISSUES: None identified at this time.
FISCAL EFFECTS: Potential revenue generation of up to $4,000 in the first year, with
expected growth in following years.
Attachment: Ordinance No. 1797
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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government local units until superseded by ordinance or resolution in the manner provided in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 law 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-term 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 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
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advertising programs that would be in addition to the existing process for placement of
individual advertisements; and
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
That Chapter 3.28 of the Bozeman Municipal Code shall be amended 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 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 program.
3.28.020 Application for Individual Advertisements
A. Any person seeking to commercially advertise on City 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. 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.
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C. The City Manager shall reject an application that is incomplete, that does not comply with the
standards set forth in Section 3.28.040, or when there are no appropriate advertising spaces
available.
3.28.040 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.
3.28.040 Exemption From Uniform Development Sign Code Provisions
Any advertisement installed under this Chapter is exempt from complying with the provisions
of Title 18 of this Code relating to signs.
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Section 2
A new section of the Bozeman Municipal Code shall be added to Chapter 3.28 as follows:
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 (3) years for the purpose of administering a program to advertise on city property.
Each advertisement installed 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.
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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.
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
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FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading
at a regular session held on the 29th day of November, 2010.
______________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_____________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
______________________________
GREG SULLIVAN
City Attorney
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