Orange County Municipal Code Art. 8 Commercial Marketing—promotion and Advertising

This article is adopted pursuant to Section 26110 of the Government Code of the State of California to provide for the following commercial use of local recreational facilities and other County property, consistent with the approved County marketing plan (Defined in section 2-5-127):

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

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

(Ord. No. 3969, § 1, 8-27-96)

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

(Ord. No. 3969, § 1, 8-27-96)

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

(Ord. No. 3969, § 1, 8-27-96)

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

(Ord. No. 3969, § 1, 8-27-96)

As provided in section 2-5-120, the Board of Supervisors is authorized to license the following commercial uses on local recreational facilities and other County property consistent with the County Marketing Plan:

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

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

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

(Ord. No. 3969, § 1, 8-27-96)

(a) The license to advertise that may be conferred under this article shall not include the right to place an advertising display on an "advertising structure" as the term is defined in the California Outdoor Advertising Act, or any legislative amendments or re-enactments 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 Board of Supervisors in a written agreement.

(c) No advertising for products which promote alcohol or tobacco consumption. Non-profit 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 County.

(d) All approved licensees under this Article shall observe and abide by the terms and conditions of any license or other agreement with the County, the regulations of the California Outdoor Advertising Act, or any legislative amendments or re-enactments of the regulations provided in the Act and the provisions of this article.

(Ord. No. 3969, § 1, 8-27-96)

For the purpose of this article the following terms shall have the respective meanings set forth herein, unless the context in which they are used clearly indicates the contrary.

(a) The terms "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.

(b) The term "bulletin or special event sign" means a changeable copy sign on which bulletins, notices, messages or displays are placed.

(c) The term "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.

(d) The term "free standing sign" means a sign which is placed on the ground and has as its primary structural support one (1) or more columns, poles, uprights or braces in or upon the ground.

(e) The term "sign" means any card, cloth, paper, metal, painted or wooden sign of any character, other than an advertising structure as defined in the California Outdoor Advertising Act, placed for advertising purposes on or to the ground on any wall, fence, building or structure or any item of goods, wares, or merchandise.

(f) Use of the verb "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.

(g) 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 sixteen (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.

(h) 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.

(i) An advertising display may only be placed on a free standing 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.

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

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

(Ord. No. 3969, § 1, 8-27-96; Ord. No. 10-012, § 4, 9-28-10)

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

(1) The Director shall develop a marketing plan which complies with the requirements of Government Code Section 26110(a)(1) for consideration by the Board of Supervisors, and

(2) The Board of Supervisors shall thereafter adopt an Orange County Parks 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 Article. The Director shall draft written findings of the annual review which shall be adopted by the Board with or without modification.

(Ord. No. 3969, § 1, 8-27-96; Ord. No. 10-012, § 4, 9-28-10)

Notwithstanding any other provision of this code, the Director or his designee shall have authority to review and make recommendations to the Board regarding advertising proposals; agreements, contracts and the like, authorized by this Article. The Director shall also review all proposed displays for compliance with the contract approved by the Board, 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 County-owned or controlled property.

(Ord. No. 3969, § 1, 8-27-96)

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

(Ord. No. 3969, § 1, 8-27-96)

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

(Ord. No. 3969, § 1, 8-27-96)