Laguna Woods Municipal Code Ch. 9.14 Commercial Marketing-Promotion and Advertising

This is adopted to provide for the following commercial use of local recreational facilities and other City property, consistent with the approved City marketing plan (defined in Section 9.14.080):

(1) The licensing, for a fee or other consideration, of the private commercial use of the City name, logo, or other intellectual property, or the depiction of City property.

(2) The donation of facilities or informational brochures, messages, or broadcasts which publicize acknowledgment of a sponsor's financial assistance.

(OCC § 2-5-120)

Agreements to confer any of the rights enumerated in this chapter and acknowledgment of donated moneys, goods, or services may be made in the manner and under terms and conditions approved by the City Council. Any agreement which the City seeks to enter into pursuant to this chapter shall be presented at a duly noticed public hearing in strict compliance with the requirements of Government Code § 54954.2.

(OCC § 2-5-121)

No commercial arrangement may be entered into under which the logo of the City or any of its departments can be reproduced and distributed in a manner to enable impersonation of a City official or a safety employee.

(OCC § 2-5-122)

This chapter shall be interpreted to enable the City to market its assets, identified in the chapter, to the greatest extent possible, subject only to the limitation imposed by the laws and regulations of the State of California and of the City.

(OCC § 2-5-123)

As provided in Section 9.14.010, the City Council is authorized to license the following commercial uses on local recreational facilities and other City property consistent with the City marketing plan:

(1) The licensing, for a fee or other consideration of the private commercial use of the City name, logo or other intellectual property, or the depiction of City property.

(2) The donation of facilities or informational brochures, messages or broadcasts which publicize acknowledgment of a sponsor's financial assistance.

(3) In determining the adequacy of the consideration to be paid by the purchaser, the City Council may accept payment of cash, equipment, materials, supplies or other goods and services furnished to a City department or combination thereof as payment.

(OCC § 2-5-124)

(a) The license to advertise that may be conferred under this chapter shall not include the right to place an advertising display on an "advertising structure" as the term is defined in the Outdoor Advertising Act (Business and Professions Code § 5200 et seq.), or any legislative amendments or reenactments of the definition in the act.

(b) The type, location, size, content and duration of the advertising display that may be placed by the licensee under the right conferred, shall be specified by the City Council in a written agreement.

(c) No advertising for products which promote alcohol or tobacco consumption. Nonprofit foundations that are established by and/or receive financial support from companies that manufacture or sell alcohol or tobacco products and that do not advocate or promote consumption of said products, may enter into marketing agreements supporting the educational, environmental and public service goals of the City.

(d) All approved licensees under this chapter shall observe and abide by the terms and conditions of any license or other agreement with the City, the regulations of the Outdoor Advertising Act (Business and Professions Code § 5200 et seq.), or any legislative amendments or reenactments of the regulations provided in the Act and the provisions of this chapter.

(OCC § 2-5-125)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(05) Advertise and any of its variants, and advertising display means the presentation on a sign of a name, word, statement message, drawing, picture, painting, mark, motto, symbol or figure for the purpose of calling attention to a business engaged in commerce or trade and/or inducing, directly or indirectly, the purchase or use of any specific item of commerce or trade.

(10) Bulletin or special event sign means a changeable copy sign on which bulletins, notices, messages or displays are placed.

(15) Director means the County Manager or designee.

(20) Directional and/or informational sign means a sign which indicates the route to, direction of, or location of a given goal, or which provides regulatory service information.

(25) Freestanding sign means a sign which is placed on the ground and has as its primary structural support one or more columns, poles, uprights or braces in or upon the ground.

(30) Sign means any card, cloth, paper, metal, painted or wooden sign of any character, other than an advertising structure as defined in the Outdoor Advertising Act (Business and Professions Code § 5200 et seq.), placed for advertising purposes on or to the ground on any wall, fence, building or structure or any item of goods, wares, or merchandise.

(35) To place and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, sewing, gluing, sticking, carving or otherwise affixing or making visible any advertising display.

(1) An advertising display secured to a wall, fence, building or structure shall be installed on the same lane as the surface to which it is attached, shall not project more than 16 inches from the surface, and shall not extend or be mounted above the top of the wall or fence or the higher or the parapet or eaves of the building or structure.

(2) The location of an advertising display on an interior wall of a building shall be approved by the Director or designee prior to its placement.

(3) An advertising display may only be placed on a freestanding sign that serves the primary purpose of providing a public service, such as a bulletin or special event or a directional and/or informational sign.

(4) An advertising display may be placed on the uniform prescribed by the Agency Director or designee to be worn by personnel of the Department, so long as it does not obstruct any City badge or emblem affixed to the uniform. No advertising display shall be permitted on park ranger or other peace officer uniforms.

(5) An advertising display may be placed on freestanding assets such as lifeguard towers, picnic shelters, gazebos, mechanical pay parking fixtures, and trash cans with approval by the Agency Director or designee prior to placement.

(OCC § 2-5-126)

(a) Prior to the sale of any rights under this chapter:

(1) The Director shall develop a marketing plan for consideration by the City Council; and

(2) The City Council shall thereafter adopt an agency marketing plan or an alternative marketing plan by resolution.

(b) The Director shall annually review the approved marketing plan and the performance of contracts issued under this chapter. The Director shall draft written findings of the annual review which shall be adopted by the City Council with or without modification.

(OCC § 2-5-127)

Notwithstanding any other provision of this Code, the Director or designee shall have authority to review and make recommendations to the City Council regarding advertising proposals; agreements, contracts and the like, authorized by this chapter. The Director shall also review all proposed displays for compliance with the contract approved by the City Council, and may specify the exact location of the display. The Director may adopt and publish standards, rules and regulations relating to the size, format, content and placement of commercial advertising displays on City-owned or controlled property.

(OCC § 2-5-128)

An advertising display placed on the uniform required to be worn by the personnel of the Department shall not obstruct any City badge or emblem affixed to a uniform. No advertising display shall be permitted on park ranger or other peace officer uniforms.

(OCC § 2-5-129)

Any licensee of advertising authorized under this chapter shall not allow an advertising display or use of the City's intellectual property to give the appearance or impression that any commercial product or service is endorsed or recommended by the City or any of its agencies, Departments, officers or employees.

(OCC § 2-5-130)

No permit or agreement shall be approved for encroachment onto any property owned by the City for any purpose whatsoever unless the applicant provides proof of insurance coverage for bodily injury and property damage in a form and in an amount acceptable to the Director fixing the form and amount of such insurance requirement, the Director shall take into consideration the nature and extent of the proposed encroachment. The Director may waive the requirements of this section if he determines that the proposed encroachment will not constitute any significant possibility of City liability.

(OCC § 2-7-1)