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TRN-3.433 - Advertising Policies on Parking Publications

TRN-3.433 - ADVERTISING POLICIES ON PARKING PUBLICATIONS
Administrative Rule Adopted by Council
ARC-TRN-3.433

 
A. POLICY
 
The City of Portland, acting in its proprietary capacity and not as a regulator, recognizes that there are opportunities to realize revenues to be used for the public benefit through the sale of advertising in parking publications. The City adopts these rules to govern advertising initiatives that generate revenue to support City programs and services and offset related costs.
 
B. DEFINITIONS
 
For purposes of this policy, the following definitions shall apply:
 
Advertising in Parking Publications: The sale to an individual, organization, company or enterprise of advertising space in parking publications.
 
Parking Publications: Parking receipts and SmartMeter parking cards for Portland parking stations. Parking publications are specifically limited to materials produced by the City of Portland.
 
Responsible Bureau: The City of Portland Office of Transportation (PDOT).
 
C. ADVERTISING POLICY
 
The purposes of this policy are as follows:
1. To define the types of advertising opportunities the City will accept in parking publications.
 
2. To ensure that standards for acceptance or rejection of such advertising are clear and objective.
 
3. To maintain the City’s reputation and public image by avoiding advertising in City parking publications that is offensive or controversial and to protect minors who may be exposed to advertising in parking publications.
 
4. To ensure consistency in decisions to accept or decline advertising requests.
 
5. To maximize revenue to fund specific programs that could benefit from advertising.
Advertising in parking publications of a product or service does not imply any City endorsement of the product or service advertised.
 
In adopting this policy, the City of Portland is acting in its proprietary capacity to raise revenues for the City of Portland, in a manner consistent with City policies and objectives.
 
By selling advertising in parking publications, the City is not creating a public forum or a limited public forum for speech.
 
The City of Portland may at any time, subject to any contractual obligations, declare a complete ban on all advertising in parking publications and direct that no advertising of any kind be accepted.
 
D. PROCEDURE
1. The City of Portland may contract with a third party (advertising contractor) to assist in managing contracts for advertising in parking publications. Any contracts with advertising contractor(s) will be let in accordance with the City’s procurement rules. Any request for proposal or invitation to bid must be submitted by PDOT to the Commissioner-in-charge prior to issuance.
 
2. PDOT, in cooperation with the City’s advertising contractor(s), will establish minimum advertising rates, which may include requirements for minimum amounts of advertising that must be purchased by an advertiser before an advertisement is accepted. In establishing such rates, the City and its advertising contractor shall be guided by prevailing market rates for other, similar advertising to the extent practicable.
 
3. No advertising will be accepted if that advertisement or the information contained within it falls within one of the categories specified below in Section E, Limitations Upon Advertisements.
 
4. PDOT will establish a three-member advertising standards committee. The committee will be comprised of members appointed by the Bureau Director.
 
5. The City’s advertising contractor(s) (or other PDOT designee) will review each advertisement submitted for display in parking publications to determine whether the proposed advertisement falls within, or may fall within, one or more of the categories set forth in Section E, Limitations Upon Advertisements.
 
6. If the City’s advertising contractor (or designee) determines that an advertisement falls within, or may fall within, one or more of the categories set forth in Section E, it will promptly provide the advertiser with a copy of these standards and written notice of its determination, the reasons for the determination, and the advertiser’s right to request a prompt review before the advertising standards committee. Such notice will also be provided to the advertising standards committee.
 
7. Upon written request of the advertiser, the advertising standards committee will conduct a review within fourteen (14) days of receipt of written request, to determine whether the advertisement at issue falls within one or more of the categories set forth in Section E. Within five (5) business days of the review conducted by the advertising standards committee, it will provide the advertiser and the City’s advertising contractor (or designee) a written notice of its determination. The advertising standards committee’s determination will be final.
E. LIMITATIONS UPON ADVERTISEMENTS
 
Advertising in parking publications may not contain material or information that:
1. Is false, misleading, or deceptive;
 
2. Is libelous;
 
3. Promotes unlawful or illegal goods, services or activities;
 
4. Implies or declares an endorsement by the City of Portland of any goods, services, or activities;
 
5. Contains any nudity, obscenity, or sexual conduct of any kind as those terms are defined in ORS 167.060, and as such law may be amended, modified or supplemented;
 
6. Contains an image or description which if furnished or sent to a minor would give rise to a violation of ORS 167.065, 167.070, 167.075, and/or 167.080, and as such law may be amended, modified or supplemented;
 
7. Promotes the sale or use of tobacco or tobacco-related products;
 
8. Promotes the sale or use of wine, liquor, beer or distilled spirits;
 
9. Supports or opposes a political candidate, issue or cause; and/or
 
10. Supports or opposes a religion or religious denomination, creed, tenet or belief, including information or material that supports or opposes atheism or agnosticism.
Advertising in City parking publications must have no adverse effect on public safety and must minimize City liability.
 
Advertising in City parking publications may not conflict with any City policy or procedure.
 
F. RESPONSIBILITIES OF THE ADVERTISER
 
Advertisers must meet the following requirements in order to advertise in City parking publications:
1. Enter into appropriate legal agreements with the City of Portland;
 
2. Adhere to visual identity guidelines as provided by the City of Portland;
 
3. Provide electronic versions of all advertising materials, and proofs, as necessary, to meet the bureau’s schedule, at no cost to the bureau;
 
4. Adhere to all other City policies and procedures as well as state and federal law;
 
5. Assume responsibility for all related costs or program materials and services (e.g., design, production, installation, removal, etc.); and
 
6. Agree to indemnify the City and obtain public liability insurance that names the City as additional insured.
G. RESPONSIBILITIES OF PDOT
 
PDOT will coordinate communications with other City bureaus as necessary and is required to:
1. Submit any requests to issue an RFP or invitation to bid for advertising contractors to the Commissioner-in-charge for approval before issuance;
 
2. Complete a procurement process in compliance with applicable City rules and policies;
 
3. Provide visual identity guidelines for advertising proposals;
 
4. Ensure that advertising proposals comply with other policies and procedures of the City;
 
5. Ensure appropriate approvals are obtained as required;
 
6. Ensure that the advertiser has complied with the requirements set forth in Section F and has agreed in writing to indemnify the City and has submitted required proof of insurance; and
 
7. Notify the Office of Management and Finance of the amount of revenue an advertising proposal is expected to generate so that such information may be included in the City’s Comprehensive Annual Financial Report.
 

 
HISTORY
Ordinance No. 179689 passed by Council and effective October 19, 2005.
Passed by Council as document number TRN-3.33.  Reindexed by Auditor as TRN-3.433.