Santa Barbara County Municipal Code § 26-132 Commercial use

The board of supervisors may provide for and regulate the commercial use of county property, consistent with the county marketing plan as adopted by resolution, including without limitation:

(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 acknowledgement of a sponsor's financial assistance.

(Ord. No. 4202, § 1)

Agreements to purchase any of the rights enumerated in this article and acknowledgement of donated moneys, goods, or services may be made in the manner and under terms and conditions approved by the supervisors. Agreements authorized hereunder and pursuant to section 26110 of the Government Code shall be presented at a duly noticed public hearing in strict compliance with the requirements of section 54954.2 of the Government Code.

(Ord. No. 4202, § 1)

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 safety employee.

(Ord. No. 4202, § 1)

(a) 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 limitations imposed by the laws and regulations of the State of California and of the County of Santa Barbara.

(b) Nothing in this article is intended to vest in any person the right to enter into a marketing agreement with the county, nor shall any such right be hereby conferred except in the manner and under terms and conditions approved by the board of supervisors.

(Ord. No. 4202, § 1)

(a) The terms "advertise" and any of its variants, and "advertising display" mean 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 "sign" means any wood, cloth, paper, metal, plastic or other material upon which is depicted any combination of letters, numbers and images, of any character, other than an advertising structure as defined in the California Outdoor Advertising Act, placed for advertising purposes on the ground or on any wall, fence, building or structure or on any item of goods, wares or merchandise.

(c) Use of the verb "to place," or any of its variants, includes, without limitation, maintaining, erecting, constructing, posting, painting, printing, tacking, nailing, sewing, gluing, sticking, carving or otherwise affixing or making visible any advertising display.

(Ord. No. 4202, § 1)

Notwithstanding any other provision of this Code, the board of supervisors is authorized to sell the right to advertise for commercial purposes on property that is owned or operated by the County of Santa Barbara. In determining the adequacy of the consideration to be paid by the purchaser, the board may provide for payment to the county in money and/or goods or services furnished to the department.

(Ord. No. 4202, § 1)

(a) The right purchased under this article shall not include the right to place an advertising display on an "advertising structure" as that term is defined in the California Outdoor Advertising Act, or any legislative amendments or reenactment of the definition in the Act.

(b) The type, location, size, content and duration of the advertising display that may be placed by the purchaser shall be specified by the board of supervisors in a written contract of sale.

(c) The purchaser shall exercise the right in accordance with the terms and conditions of the contract of sale, the regulations of the California Outdoor Advertising Act, or any legislative amendments or reenactment of the regulation provided in the Act, the provisions of this Code, and all other local, state and federal laws, ordinances and regulations.

(Ord. No. 4202, § 1)

Prior to the sale of any rights under this article, the director shall develop a marketing plan which complies with the requirements of Government Code section 26110(a)(1), and the board of supervisors shall adopt such a county marketing plan by resolution. The director shall annually review the 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. 4202, § 1)

Notwithstanding any other provision of this Code, the director shall have sole authority to review and approve advertising displays authorized by the board of supervisors under this article. The director may review the proposed display 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 property.

(Ord. No. 4202, § 1)

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 the uniform.

(Ord. No. 4202, § 1)

The purchaser of the rights authorized under this article to be sold 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 Santa Barbara or any of its departments, officers or employees.

(Ord. No. 4202, § 1)