The Tulare County Regional Transit Agency’s public transportation system (hereinafter referred to as “TCRTA”) will accept limited advertising on and in its vehicles, at designated areas within its transit facilities and at other transit sites as it deems appropriate to the following guidelines:

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Purpose and Intent

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The purpose of this policy is to create definite, uniform standards for the display of advertising on TCRTA buses, bus shelters and any and all other forums owned, leased, controlled or operated by TCRTA.  It is TCRTA’s policy that any and all forums for advertising under this policy are not public forums for political discourse or expressive activity. These areas are not intended to provide a forum for all types of advertisements, but only the limited advertisements accepted under the policy. All advertising shall be subject to this uniform, viewpoint-neutral policy.

It is TCRTA’s declared intent and purpose to take into account interests which are of importance to the operation of the TCRTA system. These interests include:

1. Maximizing revenues by advertising;

2. Maintaining an orderly administration and operation of TCRTA’s transportation system, which includes maximizing revenues by attracting and maintaining the patronage of passengers;

3. Maintaining the safety of passengers;

4. Protecting minors who travel on the TCRTA system; and

5. Avoiding any potential identification of TCRTA with the viewpoints expressed in advertisement on transit property.

6. TCRTA reserves the right to amend these policies and standards at any time.  Any revisions or amendments to this policy will be in writing and supplied to all advertising contractors. Any member of the public may obtain a copy of these standards at any time, upon request.

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Advertising Standards and Restrictions

Permitted Advertising Content. It is the intent of TCRTA to permit commercial advertising for products and services.  All commercial and promotional advertising must meet or exceed high quality standards of art and design as exemplified in the industry and as determined by TCRTA or its authorized Advertising Contractor as defined herein.

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1. Commercial and Promotional Advertising.  Commercial and promotional advertising promotes or solicits the sale, rental, distribution or availability of goods, services, food, entertainment, events, programs, transaction, donations, products or property for commercial purposes or more generally promotes an entity that engages in such activity.

2. Disclaimer. TCRTA reserves the right, in all circumstances, to require an advertisement to include a disclaimer indicating that it is not sponsored by, and does not necessarily reflect the views of TCRTA.

3. Additional Requirement. Any advertising in which the identity of the sponsor is not readily and unambiguously identified must include the following phrase to identify the sponsor in clearly visible letters (no smaller than 72 point type for exteriors and 24 point type for interiors):  “Advertisement paid for by [Sponsor s Name].”

4. Government Use. TCRTA reserves the right to utilize any areas it has deemed appropriate for advertising pursuant to this policy for its own promotional purposes, including, but not limited to, the promotion of city-sponsored events, or to permit use by other governmental agencies for the promotion of local governmental services.

5. Prohibited Advertising Content. TCRTA intends that its advertising venues constitute nonpublic forums that are subject to the viewpoint-neutral restrictions set forth below.  Certain forms of paid and unpaid advertising will not be permitted for placement or display on or in TCRTA property.  No advertisement will be displayed or maintained if the advertisement or information contained in it falls within one or more of the following categories:

6. False, misleading, or deceptive commercial speech.  This advertisement proposes a commercial transaction, and the advertisement, or any material contained in it, is false, misleading, or deceptive.

7. Unlawful goods or services.  This advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, the use or possession of unlawful or illegal goods or services under local, state, or federal laws.

8. Unlawful conduct.  The advertisement, or any material contained in it, promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities under local, state or federal laws.

9. Endorsement.  The advertisement, or any material contained in it, implies or declares an endorsement by TCRTA of any service, product or point of view, without prior written authorization of TCRTA (through its Director).

10. Obscenity or Nudity.  Contains any nudity, obscenity, sexual content, sexual excitement, or sadomasochistic abuse as those terms defined in California State statutes.

11. Prurient sexual suggestiveness.  The advertisement contains material that describes, depicts, or represents sexual activities or aspects of the human anatomy in a way that the average adult, applying contemporary or community standards, would find appeals to the prurient interest of minors or adults in sex.

12. Tobacco.  The advertisement promotes the sale or use of tobacco or tobacco-related products.

13. Alcohol, Marijuana, and Regulated Substances.  Advertising that promotes the sale or use of beer, wine, distilled spirits, alcoholic beverages, or any substance licensed and regulated under California law; however, this prohibition shall not prohibit advertising that includes the name of a restaurant that is open to minors.

14.  Firearms.  Advertisement that promotes or solicits the sale, rental, distribution or availability of firearms or firearms-related products.

15. Demeaning or disparaging.  Advertising that includes language, pictures, or other graphic representations that are derogatory or defamatory of any person or group because of race, color, national origin, ethnic background, age, disability, ancestry, marital or parental status, military discharge status, source of income, religion, gender or sexual orientation.

16. Profanity.  The advertisement contains profane language.

17. Violence.  The advertisement contains and image or description of graphic violence or the depiction of weapons or other implements or devices associated in the advertisement with an act or acts of violence or harm on a person or animal.

18. Adult-oriented goods or services.  The advertisement promotes or encourages, or appears to promote or encourage, adult bookstores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult Internet sites and escort services.

19. Political.  Advertisement promoting or opposing (i) a political party; (ii) the election of any candidate or group of candidates for federal, state or local government offices; (iii) any legislation, initiative, referendum or ballot measure; or (iv) a political action committee, political campaign or political philosophy.

20. Public Issue.  Advertising expressing or advocating an opinion, position, or viewpoint on matters of public debate about economic, political, religious or social issues.

21. Harmful or Disruptive to Transit System.  Any material that is so objectionable under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of or interference with TCRTA’s transportation system.

 

Advertising Program and Administration

1. Administration. TCRTA shall select an Advertising Contractor who shall be responsible for the daily administration of TCRTA’s advertising program, in a manner consistent with these guidelines.  TCRTA shall designate the Transit Manager to be the primary contact for TCRTA with the Advertising Contractor.

2. Procedure. The Advertising Contractor shall review each advertisement submitted for display on or in TCRTA’s property to determine whether the advertisement falls within the adopted standards and guidelines.  If it appears the advertisement may be questionable; the Contractor shall notify the Transit Manager at TCRTA before the advertisement is approved and installed.

   1. The Executive Director or designee will review the advertisement to determine whether the advertisement meets the adopted standards and guidelines set forth in Section II of this policy. The Executive Director is the final authority.

3. Execution. All advertising displayed on the TCRTA system shall be authorized by a fully executed Transit Advertising Contract, by and between the Tulare County Regional Transit Authority and the Advertiser.

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