R-12-55 RESOLUTION NO. R-12-55
A RESOLUTION ADOPTING GUIDELINES FOR ADVERTISING ON THE CITY-
UNIVERSITY ENERGYSAVER("CUE") SYSTEM
WHEREAS, the City of Fairfax, Virginia operates a public mass transit system
known as the "City-University Energysave" (otherwise known as "CUE"); and
WHEREAS, the City desires to maximize the revenue generated by the CUE system,
by ensuring that any advertising appearing on the CUE system does not adversely affect the
City's ability to generate revenue from riders and otherwise; and
WHEREAS, the City has determined that it is in the best interest of the City to
approve and implement guidelines for any advertising on the CUE system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Fairfax, that the "Guidelines for Advertising on City of Fairfax CUE Buses" (attached hereto
as Attachment "A") ("Guidelines") are hereby approved in their entirety, and City staff is
directed to immediately implement said Guidelines, as the same may be amended from time
to time by the City Council, acting by resolution.
ADOPTED this 25th day of September 2012.
rt.i-r)c
Mayor
/0////Z.—
Date
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye
Guidelines for Advertising on City of Fairfax CUE Buses
I. Purpose
A. These guidelines are adopted by the City Council, the governing body of the City of Fairfax,
Virginia, a Virginia municipal corporation (the "City of Fairfax"). The City of Fairfax operates a
public mass transit system known as the"City-University Energysaver" ("CUE").
B. These guidelines are intended to maximize the overall revenue-generating capacity of CUE, by
ensuring that advertising appearing on the CUE property does not threaten the ability of CUE to
generate revenue from patronage by riders and from other advertising. The City Council recognizes
that such revenue may be threatened if advertising appearing on CUE causes adverse reactions from
other advertisers, CUE patrons, or the neighborhoods through which CUE must operate in order to
generate revenue. These guidelines also are intended to
(1) increase and strengthen the revenue generating capacity of CUE and preserve the
marketing potential of advertising spaces;
(2) avoid any perception that CUE, the City Council, or the City of Fairfax endorses the
content of any advertising appearing on CUE assets or in any material relating to CUE;
(3) avoid having advertising on CUE property contribute to any potential safety hazard;
(4) ensure that CUE is readily identifiable as such to the public;
(5) ensure that advertising appearing on CUE property does not interfere with the proper
maintenance and upkeep of CUE; and
(6) increase CUE ridership.
C. These guidelines are intended to create definite, objective, uniform, and enforceable standards for
any and all advertising appearing on CUE property. No advertising shall appear on CUE property
unless such advertising strictly conforms to these guidelines.
D. The City Council intends that CUE shall not be allowed or caused to become a"public forum"for
the dissemination, discussion, or debate of ideas. The City Council adopts these guidelines with the
express intent of(i)preventing any CUE property from becoming a public forum, and (ii) preserving
CUE property as a nonpublic forum.
E. The City Council may amend these guidelines at any time, by formal action of the City Council.
F. Subject to contractual obligations, the City Council may at any time, and without notice, ban
completely all advertising on CUE property, remove any advertisements on such CUE property, and
direct that no new advertisements be accepted for display. If the City Council directs that advertising
Attachment 1 -1
previously paid for be removed or not accepted for display, a pro rata refund shall be made.
G. These guidelines do not apply to advertisements for services provided directly by CUE or by any
agency or instrumentality of government under the direct control of the City Council. The City
Council retains complete discretion to control all such advertising in any manner it determines best
serves the interests of the City of Fairfax.
II. Advertising Standards
All advertising on CUE property must meet the following standards:
1. False, misleading, deceptive, or libelous advertising (or any combination of the foregoing) is
not permitted.
2. Advertisement(s) portraying or describing nudity, obscenity, sexual conduct, sexual
excitement,or sadomasochistic abuse are not permitted.
3. Advertisement(s) portraying or describing alcoholic beverages, tobacco products, or
controlled substances are not permitted. Advertisements for a controlled substance which
may be purchased in the City of Fairfax only with a medical or therapeutic prescription
issued by a practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine
who is authorized to prescribe controlled substances are permitted, subject to the concurrence
of the City Manager.
4. Advertising may not include language that is obscene or profane, and may not depict
violence.
5. Advertisement(s) promoting gambling or gambling establishments are not permitted.
Notwithstanding the foregoing, advertisements promoting the sale of tickets for lotteries
conducted by the Commonwealth of Virginia or its political subdivisions are permitted.
6. Advertisement(s) disparaging the use of mass transit or promoting unsafe conduct with
respect to mass transit are not permitted.
7. Testimonials in advertisements should be authentic and shall honestly reflect the response of
the person or entity making such testimonials. (The sales contract between the advertiser and
the City of Fairfax shall provide for indemnification of the City of Fairfax against action by
any person quoted or referred to in any advertisement placed on CUE property).
8. Advertisements appearing to contain an explicit or implicit endorsement of any product or
service by CUE, the City Council, or the City of Fairfax are not permitted, unless expressly
authorized by the City Council.
9. Advertisement(s) that disparage, or promote discrimination against, any person or group are
not permitted.
10. Advertisement(s)that violate any federal or state law or regulation, or any law, regulation, or
ordinance of the City of Fairfax are not permitted.
In any case where there is any reasonable doubt whether an advertisement is permitted by
these standards, the advertisement shall not be permitted unless the City Manager, in
consultation with the City Attorney, determines that such advertisement is supportable under
these guidelines. The determination of the City Manager shall be deemed final for all purposes
Attachment 1 —2
under these guidelines.
III. Size,Materials and Placement
The Department of Public Works shall specify standards relating to the size, materials, and
placement of advertisements on CUE property, in order to ensure that such advertisements do not
create a potential safety hazard, obscure features of CUE property identifying it as part of CUE,
or interfere with the maintenance and/or upkeep of CUE property. Only advertisements meeting
those standards are permitted on CUE property.
[version adopted by City Council on September 25,2012]
Attachment 1 —3