HomeMy WebLinkAboutResolution - 2667 STATE OF CALIFORNIA ) RESOLUTION NO. 2667
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO ESTABLISHING POLICIES FOR ADVERTISING IN CITY
OWNED OR OPERATED BUS SHELTERS
WHEREAS, the City of San Jacinto ("City") is authorized by California
Constitution, Article XI, Section 7 to make and enforce within its limits all local, police,
sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, pursuant to Government Code section 38774, the City may regulate
the exhibition or posting of, among other things, pictures, signs, or advertisements in or
on the street, or on or upon buildings, fences, billboards, or other structures, or on or
upon any pole in any sidewalk, alley, street, lane, court, park, or other public place; and
WHEREAS, the City Council has heretofore determined that the public health,
safety and welfare of the public would be promoted by the provision of bus shelters at
various locations within the City, which shelters are primarily meant to protect public
transit riders from the wind, sun and rain; and
WHEREAS, the City Council has also determined that advertising on such bus
shelters can provide a ready source of revenue to the City; and
WHEREAS, the City Council therefore wishes to hereby establish certain policies
governing the placement of materials at City owned or operated bus shelters, consistent
with the First Amendment principles that have been articulated by the courts; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and
determines that the Recitals of this Resolution are true and correct
and are hereby incorporated into this Resolution as though fully set
forth herein.
SECTION 2. Approval of Policies. The City Council hereby approves the policies
attached hereto as Exhibit "A" and incorporated herein by this
reference.
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SECTION 3. Severa,bility. The provisions of this Resolution are hereby expressly
1�4w made severable. If any provision(s) of this Resolution or its
application to any person, material, place or circumstance is held to
be invalid, that invalidity shall not affect other provisions or
application of this Resolution that can be given effect without the
invalid provision or application.
SECTION 4. Effective Date. This Resolution shall become effective upon its
adoption.
APPROVED and ADOPTED, this 20th day of January, 2005, by the following
vote
Ayes: Ayres, Ritchie, Shaw, Stubblefield
Nays: None
Absent: Buydos
Abstain: None
City of San Jacinto
Wt "- 1 1 V
IWO- by Dale Stubblefiel , Ma or Pro Tern
ATTEST:
orothy Cta inard, City Clerk
APPROVED TO FO M:
BEST, B KRIEG R LLP
City Attorney
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EXHIBIT "A"
CITY OF SAN JACINTO
POLICIES FOR ADVERTISING IN CITY BUS SHELTERS
Scope. These policies apply to all written materials placed in or on bus
shelters owned, operated or managed by the City of San Jacinto,
California, or any other bus shelter located within any City right of way
(collectively, "City Bus Shelters"). These policies shall apply regardless of
whether the advertising in City Bus Shelters is administered by the City
itself, a private entity or by another public agency.
Intent. The City is permitting advertising orl City Bus Shelter advertising
panels for the sole purpose of generating revenue, and not for the purpose
of creating a forum for expression. The intent of the City in establishing
these policies and allowing for certain limited written communications on
or in City Bus Shelters is hereby expressly declared to be not to create a
public forum, but instead to create a non-public forum, as articulated by
courts applying First Amendment principles, thereby allowing for the
regulation of the content of such written communication by the City. The
City Council hereby expressly declares that its intent in promulgating
,%W these policies is to regulate only the subject matter, and not the viewpoint,
of any message or speaker wishing to place written communications on or
in City Bus Shelters. An example of subject matter regulation is, "No
material concerning abortion." An example of viewpoint regulation is, "No
pro-choice material." The first regulates an entire subject matter—
abortion, while the second regulates one particular viewpoint about that
subject—i.e, it is anti-choice. The first is permissible in a non-public
forum. The second is not. The City's intent, as expressed in this section,
shall be used as a guide in interpreting these policies.
City's Interests. The City Council hereby expressly finds that the City of
San Jacinto has the following interests in regulating the subject matter
content of written communications on or in City Bus Shelters, which
interests, whether individually or collectively, are both legitimate and
substantial:
1. The City has a legitimate and substantial interest in
maintaining a position of neutrality on political and religious
issues.
2. The City has a legitimate and substantial interest in ensuring
that those using bus shelters not be subject to violence if
the subject matter is not restricted.
3. The City has a legitimate and substantial interest in earning
1%W revenue from the placement of written materials in and on
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City Bus Shelters and therefore a legitimate and
substantial interest in preventing a reduction in income
earned from selling advertising space because commercial
advertisers would be dissuaded from using the same forum
commonly used by those wishing to communicate primarily
political or religious messages.
4. The City has a legitimate and substantial interest in
regulating the subject matter of written material in that
allowing political or religious material could violate the
Establishment Clause or other constitutional rights of
citizens.
5. The City has a legitimate and substantial interest in avoiding
the appearance of political or religious favoritism.
6. The City has a legitimate and substantial interest in
promoting the economic prosperity of businesses located
within the City.
Regulations. Only material complying with the following regulations may
be permitted in or on City Bus Shelters.
1. Written material may be placed in or on City Bus Shelters
only in accordance with these policies.
2. Written material may be placed in or on City Bus Shelters
only in or on that portion of the City Bus Shelter that is
specifically designed for such placement.
3. Written material may be placed in or on City Bus Shelters
only if such written material is an advertisement, i.e., it
proposes a commercial transaction (as opposed to
promoting or denigrating a belief or cause). Advertisements
of City-sponsored or co-sponsored civic events and
advertising of City economic and business development
efforts will not be considered "non-commercial" for purposes
of this section.
4. In addition to the limitation set forth in paragraph 3 of this
section, the following written material is prohibited in or on
City Bus Shelters:
a. That containing references to, or pictures of, alcohol
or tobacco products.
b. That supporting or opposing a candidate, issue or
cause, or that advocates or opposes a religion, or
belief.
C. Advertising that is competitive to a business within
100 yards of the particular City Bus Shelter.
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d. That which the City Engineer determines is likely
to interfere with, mislead or distract traffic or conflict
with any traffic control system or traffic circulation.
e. That which advertises any Adult Oriented Business,
displays "Specified Anatomical Areas', or displays
"Specified Sexual Activities", as those terms are
defined in the City's Adult Business Ordinance (Ord.
No. 1040).
f. False or misleading information.
g. Material that depicts violence, anti-social behavior, or
illegal behavior.
h. Material that holds up an individual or groups of
people to public ridicule, derision, or defames any
individual or group.
i. Material that is obscene, profane or vulgar.
5. These policies shall not be used to regulate, or be
interpreted to regulate, any particular viewpoint, so long as
the viewpoint relates to a permitted subject matter_ The
Public Works Director shall administer the Bus Shelter
advertising program and shall provide potential advertisers
with precise specifications required of their material for
inclusion in City Bus Shelters. Unless otherwise stated
herein, the determination of whether material is permitted or
prohibited by these policies shall be made by the Public
Works Director.
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