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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. RVPUB--JSB)686440_! 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 -2- R VPUB'JSH%69649,1_I 1%W 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 -3- R V P U B'J S B 69(490,t 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. -4- xvvua.SB'6864Lw.i 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. -5- RVPI1&ISB.6W490