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HomeMy WebLinkAboutOrdinance 10- 1797 Authority for City to enter into Advertising ProgramsORDINANCE 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WHEREAS, Section 7-1-105, MCA, states, "All state statutes shall be applicable to self- government local units until superseded by ordinance or resolution in the marmer provided in chapter 5, pail I and subject to the limitations provided in this part;" and WHEREAS, Section 7-1-106,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-ten 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 FINAL Adoption ORDINANCE NO. 17971legarding Creation ol'Adiertising Prograrnk on Municipal Property Page I of6 we] 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 I 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 tirne 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 con 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, FINAL Adoption ORDINANCE NO. 17971legarding Creation of Advertising Programs on Municipal Property Page 2 of(i 121 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 con 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 befief 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 1 of this Code relating to signs. FINAL Adoption ORDINANCE No. 1797Regarding Creation of' Advertising Programs onllunidpal Property Page 3 o F6 UWA 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 pail or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not a6ect 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 I and 2 shall be codified as appropriate in Chapter 3.28 of the Bozeman Municipal Code. FINAL Adoption ORDINANCE NO. 17971legarding Creation of Advertising Programs on.Nlunicipal Property llage 4 o f'6 123 Section 6 Repeater. 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, 201 I — JIE Y . K ItA USS L `Mayor ATTES 0 V, S vtw cit Yl�lle 1 *1 8 8 3 FINAL, Adoption ORDINANCE NO. 1797Regarding Creation of Advertising Programs on 'Municipal Property ['age 5 cif 6 HE FINALLY PASSED by the City Commission of the City of Bozeman, Montana, oil first reading at regular session held on the 29th day of November, 2010. Bo>�" AT , kS rNy C J F K. kiWJSS yo - AS TO FORM: Gkt G SULLIVAN City Attorney FINAL Adoption ORDINANCE No. 17971legarding Creation ol'Advertising Programs on,—%Iunicipal Propert% Page 6 of 0 125