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HomeMy WebLinkAboutResolution No. 331-12 i 33l ) - RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt the proposed advertising policy on public transit buses. A copy of the policy is attached hereto. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS (n7rt DAY OF ) r , 2012. ACTING PRE IDENT OF SAID COMMO UNCIL ATTEST: CI CLERK APPROVED THIS DAY OF Wiz- , 2012. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Resl 01Adopt.BusAdvertisePolicyl • ROCHESTER PUBLIC TRANSIT ADVERTISING POLICIES AND PROCEDURES The City of Rochester's publicly funded transit system (hereinafter referred to as Rochester Public Transit or RPT) sells space inside and upon its buses, shelters, and benches for the display of commercial advertising. The purpose is to raise revenues, supplementary to those from fares and from tax proceeds, to be used to finance RPT's operations. The display of advertising is solely for this purpose. It is not intended to provide a traditional, designated, or limited public forum for purposes of public speech or communication. It is intended to set forth the scope of government speech that will occur as part of the City's, use of public property held in a proprietary capacity in order to generate revenue. In order to realize the maximum benefit from the sale of advertising space, the program must be managed in a manner that will procure as much revenue as practicable, while ensuring that the advertising does not discourage the use of the RPT system, does not diminish RPT's reputation and public image in the community it serves or the good will of its patrons, and is consistent with RPT's principal purpose of providing safe and efficient public transportation. To attain these objectives, RPT has established the following policies regulating the advertising displayed in and upon its vehicles, and reserves the right to interpret these policies in its sole discretion. 1. RPT, in order to serve the purpose for which it has been established, must of necessity accommodate all persons without distinction of age. It's therefore necessary to exclude advertising unsuitable for exposure to persons of young age and immature judgment. The following kinds of advertising, therefore, are prohibited and will not be displayed in or upon RPT buses, shelters or benches. A. Advertising for cigars, cigarettes, pipe tobacco, chewing tobacco, and other tobacco products. B. Advertising for alcoholic beverages, including beer, wine, and distilled spirits. C. Advertising for products or services related to human reproduction or sexuality, including but not limited to contraceptive products or services, other products or services related to sexual hygiene, and counseling with regard to pregnancy, abortion or other sexual matters. D. Advertising for products, services or entertainment that would constitute "nudity," "sexual excitement," or "sadomasochistic abuse" as those terms are defined by Minnesota Statutes, Section 617.292. This includes, but is not limited to men and women's sophisticated magazines, X-rated telecommunication services, and/or businesses trafficking in pornography or obscenity. E. Advertising which presents rape, murder, or other acts of violence against men, women, or children as erotic, entertaining, amusing or appropriate. F. Advertising that depicts violence or antisocial behavior. G. Advertising that includes language that is vulgar, obscene or profane. 2. No Aadvertising in or upon RPT's stations, buses, shelters or benches #hat shall explicitly and directly promotes or encourages the use of means of transportation in direct competition with RPT service. 3. No advertising in or upon RPT's stations, buses, shelters or benches shall denigrates . RPT, or its operation, or its officers, agents, or employees. This prohibition includes advertising copy and illustrations that state or imply, or could reasonably be expected to • cause an inference, that RPT service or operations are anything but safe, efficient, affordable and convenient. 4. Use of RPT's' name, logo, slogans, or other graphic representations is subject to advance approval by RPT. RPT does not endorse or imply endorsement of any product or service. 5. Advertising copy t-a must be truthful. Advertising copy and illustrations should not be exaggerated, distorted, or deceptive. Medical products or treatments are to be treated in a restrained and inoffensive manner. Testimonials are expected to be authentic, and advertisers using them will be required to indemnify RPT against any action brought in connection with them. Advertising that promotes contests or giveaways must comply with all applicable laws and regulations. 6. No advertising in or upon RPT's stations, buses, shelters or benches shall include language, pictures, or other graphic representations that are harmful to minors in violation of Minnesota Statues, Section 617.293, or shall be derogatory of any person or group because of race, color, creed, national origin, ethnic background, age, religion, marital status, disability, affectional or sexual orientation, or gender. 7. No advertising in or upon the RPT's stations, buses, shelters or benches shall include any display that would violate any Federal or State law or regulation, or any City of Rochester ordinance. 8. No advertising in or upon the RPT's stations, buses, shelters or benches shall contains obscene material. Obscene material is defined as sexual material that is patently offensive, lacks literary, artistic, political and/or social value and/or appeals to the prurient interest of a person of average sensitivity. 9. No advertising in or upon the RPT's stations, buses, shelters or benches shall be offensive to a reasonably prudent person of average sensitivity in the community, such as advertisements which contain derisive, distorted, deceptive, immoral, vulgar and/or disreputable impressions. 10. No political advertising shall be displayed in the RPT's stations, buses, shelters, benches, or other facilities. For this purpose, political advertising is defined as any of the following: A. Any advertising that supports or opposes the election of any candidate or group of candidates for election to any Federal, State, or local government office; B. Any advertising that supports or opposes any referendum conducted by the Federal or State government, or by any local government, such as referenda on constitutional amendments, on bond issues, or on local legislation; or C. Any advertising that features any person whose prominence is based wholly or in part upon his or her past or present activity in political affairs, or that represents or implies any such person's approval or endorsement of the subject matter of the advertising. 11. RPT will not enter into any agreement with an advertising client that allows "exclusivity" of the client's business arena, such a prohibiting other competitive businesses. 12. RPT does not give "geographical preference" regarding availability of advertising space to out-of-town competitive businesses. Advertising space in the RPT's stations, buses, shelters, benches, or other facilities may be sold through one or more independent contractors. These contractors shall comply with the foregoing policies, and review all advertising with reference to them. They shall refer all such advertising that falls or may fall into any of the categories defined above to the RPT representative responsible for administering the advertising program, which shall determine whether the proposed advertising will be accepted. If the proposed advertising is rejected, the party or parties proposing it may request that this decision be reconsidered. Upon such request, the RPT representative shall consult with the City Attorney and with the City Administrator or officer designated by him for this purpose. The City Administrator or his designee, on the basis of such consultation, shall determine whether the proposed advertising will be accepted or rejected. RPT will cooperate with the party or parties proposing the advertising, and with any applicable independent contractor through whom it has been proposed, in a reasonable effort to revise it in order to produce advertising that can be accepted and displayed consistently with the foregoing policies.