[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-2000 by L.L. No. 10-2000]
A. 
To accomplish the purpose and intent of this article the County Commissioner of Consumer Protection shall:
(1) 
Regularly monitor and supervise automobile advertising in Rockland County.
(2) 
Prepare a schedule of fines which shall thereafter be levied, by the Office of Consumer Protection, in the case of each instance of deceptive and misleading advertising and/or false representation(s) that automobiles or motor vehicles can be purchased or leased for "no money down." Prior to its enactment, implementation and effective date, such schedule shall be submitted to, and approved by, the County Legislature.
(3) 
Annually prepare a separate report to the County Executive and the Legislature's Budget and Finance Committee detailing the number of instances of prohibited advertising which are determined, by the Commissioner, to have occurred, the number determined to be culpable violations of this article and the number and amount of fines imposed or collected.
B. 
To accomplish the purpose and intent of § 211-2 of this article, the County Commissioner of Consumer Protection shall also prepare a schedule of fines, for the violations of its requirements, which shall thereafter be levied, by the Office of Consumer Protection, in the case of each instance of violation. Prior to its enactment, implementation and effective date, such schedule shall be submitted to, and approved by, the County Legislature.
This article shall not prohibit, prevent or affect the legitimate charging by an automobile dealer, in any sale or lease transaction, of the required sales tax, bank fees, motor vehicle department registration fees or GAP insurance associated with the purchase or lease of a motor vehicle; provided, however, that all such fees and charges must be reasonably related to, and comparable to, the actual cost of such fees or services. The County Commissioner of Consumer Protection shall also survey and monitor such dealerships to ensure that all such fees and charges are reasonably related to, and comparable to, the actual cost of such fees or services.
Advertising which states that automobiles or motor vehicles can be purchased or leased "no money down," but which require a "capital reduction payment" and/or the advance payment of more than the first month's lease or purchase payment shall be, and hereby is, prohibited.
[Adopted 7-5-2005 by L.L. No. 9-2005]
This article shall be known as the "County Vehicle Advertising Law."
A. 
Intent.
(1) 
This Legislature hereby finds and determines that it is the duty of every government, including Rockland County's government, to continually seek additional revenue streams in order to limit the costs of government to the taxpayers.
(2) 
This Legislature also finds and determines that one source of potential revenue is through selling or leasing advertising space on County-owned public transportation vehicles and bus shelters and, if possible, on vehicles used in the service of the County through the many programs and services offered to Rockland residents and visitors.
(3) 
This Legislature further finds that many other municipal systems, including local and state governments, as well as autonomous quasi-governmental authorities, are taking advantage of advertising revenues to supplement other revenue sources to provide better service to their residents.
(4) 
This Legislature further finds and determines that consideration must be given to the body of law concerning government allowing commercial advertising on governmental vehicles, and therefore determines that any program to sell or lease advertising on County-owned vehicles in Rockland shall be constructed to be a "non-public forum" as defined by case law.
(5) 
This Legislature further finds and determines that the intent of this program is to be a vehicle for commercial promotion of products or services.
B. 
Therefore, the purpose of this article is to promote the sale or lease of advertising on County vehicles and, if possible, on vehicles used in the service of the County.
As used in this article, the following terms shall have the meanings indicated:
COUNTY-OWNED VEHICLE
Any County vehicle that is owned outright or leased by the County of Rockland for the public transportation system.
MINOR
A person under the age of 18.
OBSCENE, OBSCENITY NUDE, AND NUDITY
Shall have those meanings as determined by legislature or its designee interpreting the laws and court decisions of the State of New York and the federal courts according to community standards of decency.
POLITICAL CAMPAIGN SPEECH
Speech that:
A. 
Refers to a specific ballot question, initiative, petition or referendum; or
B. 
Refers to any office holder, governmental employee, candidate for public office or political party position.
VEHICLE
All motor vehicles used in the public transportation system of the County of Rockland.
The County of Rockland is hereby authorized to sell or lease to the public advertising space on County-owned vehicles and, if possible, on vehicles used in the service of the County through the many programs and services for public transportation of Rockland residents and visitors.
It is the expressed intent of the County of Rockland that this advertising program, in all its various forms, shall be and remain a nonpublic forum as that term is used in the statutes and the case law of the State of New York and federal courts. It is expressly not the intent of this County to create a public forum through this advertising program.
As a nonpublic forum, the County of Rockland hereby specifically reserves the right, on a case-by-case basis, to review and reject any advertising for display under this advertising program that it deems not to be in the best interests of Rockland residents, or prohibited by this article or adopted regulation, including, but not limited to, one or more of the following categories:
A. 
Demeaning or disparaging. The advertisement contains material that demeans or disparages an individual or group of individuals. The Legislature shall determine whether an advertisement contains such material that a "reasonably prudent person," knowledgeable of Rockland County's ridership and residents, using prevailing community standards, would believe that the advertisement contains material that ridicules or mocks, is abusive or hostile to, or debases the dignity or stature of an individual or group of individuals.
B. 
Tobacco and alcohol products. The advertisement promotes the sale or use of tobacco or tobacco-related products, or alcohol, or depicts such products.
C. 
Profanity. The advertisement contains profane language.
D. 
Firearms. The advertisement either:
(1) 
Contains an image of a firearm in the foreground of the main visual; or
(2) 
Contains image(s) of firearm(s) that occupy more than 15% of the overall advertisement.
E. 
Violence. The advertisement contains an image or description of graphic violence, including, but not limited to:
(1) 
The depiction of human or animal bodies or body, or fetuses, in states of mutilation, dismemberment, decomposition, or disfigurement; or
(2) 
The depiction of weapons or other implements or devices used in the advertisement in an act or acts of violence or harm on a person or animal.
F. 
Unlawful goods or services. The 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.
G. 
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.
H. 
Obscenity, nudity, or prurient sexual suggestiveness. The advertisement, or any material contained in it, contains obscene material or images of nudity, or describes, depicts, or represents sexual acts or aspects of the human anatomy in a way that the average adult, applying contemporary community standards, would find appeals to the prurient interests of minors or adults in sex.
I. 
Political campaign speech. The advertisement, or any material contained in it, contains political campaign speech, endorsements, platforms or agendas.
J. 
Endorsement. The advertisement, or any material contained in it, implies or declares an endorsement by Rockland County, its constituent towns and villages, the State of New York or the United States of America of any service, product or point of view, without prior written authorization of the government whose imposed or declared endorsement is in the advertisement.
K. 
False, misleading or deceptive commercial speech. The advertisement promotes a commercial transaction, and the advertisement, or any material contained in it, is false, misleading or deceptive.
L. 
Libelous speech, copyright infringement, etc. The advertisement, or any material contained in it, is libelous or an infringement of copyright, or is otherwise unlawful or illegal or likely to subject the County of Rockland to litigation.
M. 
Adult-oriented goods or services. The advertisement promotes or encourages, or appears to promote or encourage, a transaction related to, or uses brand names, trademarks, slogans or other materials that are identifiable with films rated "X" or "NC-17," adult book- or videostores, nude dance clubs, or other adult entertainment establishments, adult telephone services, adult internet sites, and/or escort services.
N. 
Any additional categories or individual advertisements as the Legislature, by resolution, determines from time to time shall not be placed in this program.
The Legislature, in consultation with the Department of Law, may from time to time by resolution formulate rules and regulations to effect the intent of this article.
Nothing in this article shall be interpreted as prohibiting the County from advertising requests for proposal for the use of an outside vendor to manage this program. The Legislature may, in the proper exercise of establishing policy in compliance with the County's procurement policy, elect to allow an outside vendor to administer all or a portion(s) of, or the entire program. Any such request for proposal must contain a provision that retains to the County the power to preview and reject any advertisement on the grounds contained in § 211-9 of this article, regardless of whether the vendor approves of such advertisement. The Legislature may, by resolution, authorize the outside vendor to render such determinations as may be required under this article. Any vendor must provide adequate insurance and contract to hold the County harmless from any claims or litigation that arises out of the approval or denial of advertising on said County vehicles attributed to the vendor's acts or omission.
The revenue derived from the advertising on the County's vehicles shall be used to offset the cost of public transportation system related expenses.
This article shall apply to all advertisements on or after the effective date of this article.