Santa Clara County Municipal Code Div. A36 Commercial Marketing on County Property

This division does not apply to a written lease or contract, approved by the Board of Supervisors for the commercial use or operation of County real property, which by its terms allows the placement of commercial advertising or signage on the real property in compliance with applicable zoning and state laws.

The Board of Supervisors may authorize the following commercial uses of County property, consistent with an approved County marketing plan:

(1) The licensing, for a fee or other consideration, of the private commercial uses of the County name, logo of the County or any of its departments, official seal of the County, or other intellectual property, or the depiction of County property;

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

(3) The sale of advertising space on County real or personal property, or in County printed or electronic publications, including web pages, informational brochures, broadcasts, and other messages, for the sole purpose of raising revenue for the County.

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.836, § 1, 1-11-11; Ord. No. NS-300.861, § 1, 5-21-13; Ord. No. NS-300.928, § 1, 8-27-19)

Agreements to confer any of the rights enumerated in Section A36-1 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 division shall be presented at a duly noticed public hearing in compliance with the requirements of Government Code § 54954.2.

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.836, § 2, 1-11-11)

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

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.928, § 2, 8-27-19)

(a) This division shall be interpreted to enable the County to market its assets 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 Clara.

(b) Nothing in this section is intended to vest in any person the right to enter into a marketing agreement with the County.

(Ord. No. NS-300.641, § 1, 10-31-00)

Notwithstanding any other provision of this Code, the Board of Supervisors is authorized to sell the right to advertise on property that is owned or operated by the County, and, in determining the adequacy of the consideration to be paid by the purchaser, may provide for payment to the County in money and/or goods or services furnished to a County department.

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.836, § 3, 1-11-11)

(a) The requirements of this division are in addition to, and do not replace, any or all requirements that apply to advertising, advertising displays and advertising structures that are subject to the requirements of the California Outdoor Advertising Act and any legislative amendments or reenactments of the Act. To the extent that there are any inconsistencies between the requirements of this division and the Act, the requirements of the Act shall control.

(b) The type, location, size, content and duration of the advertising display that may be placed by any party pursuant to this division shall be specified by the Board of Supervisors in a written contract.

(c) A person to whom the right to advertise is conferred shall comply with all terms and conditions of the contract, the regulations of the California Outdoor Advertising Act, or any legislative amendments or reenactment of the regulation provided in the Act, and the provisions of this Code.

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.836, § 4, 1-11-11; Ord. No. NS-300.861, § 2, 5-21-13)

The right to place advertising displays under this division shall be subject to the following regulations in lieu of the regulations set forth in the Zoning Ordinance of this Code:

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

(2) The location of an advertising display on an interior wall of a building shall be approved by the department head prior to its placement;

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

(4) An advertising display may be placed on the uniform prescribed by a department head to be worn by personnel of the department, so long as it does not obstruct any County badge or emblem affixed to the uniform.

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.836, § 5, 1-11-11; Ord. No. NS-300.861, § 3, 5-21-13)

Prior to the sale of any rights under this division, the County Executive or designee shall develop a marketing plan which complies with the requirements of Government Code § 26110(a)(1), and the Board of Supervisors shall adopt such County marketing plan by resolution. The County Executive or designee shall annually review the marketing plan and the performance of contracts issued under this article. The County Executive or designee shall draft written findings of the annual review which shall be adopted by the Board of Supervisors with or without modification.

(Ord. No. NS-300.641, § 1, 10-31-00; Ord. No. NS-300.928, § 3, 8-27-19)