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Home My WebLink About062408 AdMobile VillanuevaCompromise Solution Villanueva/ DeSteph Ordinance Protects The City Promotes Small Business Virginia Beach: 14best city to live and launch a small business th --Fortune Small Business Magazine Topics Community Values ? Concerns And Myths ? Proposed Compromise ? Virginia Beach: 14best city to live and launch a small business th --Fortune Small Business Magazine Community Values –Small Business Is Important “…the greatest growth sector in the (Virginia Beach) economy right now is small business” Mayor Oberndorf, April 2008 ? “It is the City’s policy to …increase the participation of women and minority- owned businesses…and to provide maximum practical opportunitiesfor such businesses.” City Administrative Directive 08/31/07 ? Data From The Commissioner of the Revenue Over 80% of businesses are small ? businesses Small business generates over 60% of ? all gross receipts Business licenses generate $41 million ? in annual tax revenue from BPOL alone Protect The City, Promote Small Business Concerns And Myths Be Fair and Equitable Traffic Distractions What do you think is the leading distraction causing accidents? Virginia Beach PoliceDepartment Motor Vehicle Crashes where a Driver Distraction was listed on the Crash Report Type of Distraction200520062007 Looking at roadside incident229245224 Driver fatigue8792100 Looking at scenery533343 Passenger(s)114146114 Radio/CD, etc.514937 Cell phone (calls and texting)11411889 Eyes not on road301335329 Daydreaming414452 Eating/drinking212820 Adjusting vehicle controls272522 Other799913736 Total:183720281766 Data provided May 2008 Traffic Distractions/Accidents Federal and state research and laws say ? signs that change less often than every 4 seconds are not a distraction* No identified safety concerns across the ? U.S. with rotating truck signs City supports large transit ads and ? changing LED signs Note: Admobile ads rotate every ~ 8 seconds Proliferation Of Ad-Only Trucks U.S. cities that have embraced ad ? trucks have not seen a proliferation of ad-only trucks –Economics support about 1 truck for every 500,000 in population –Operating costs, especially fuel prices, will continue to discourage expansion Note: Admobile Hampton Roads does not operate “ad-only trucks” Density Of Local “Admobile-type” Trucks In U.S. Cities City# of ad Population Ratio trucks(millions)(population per truck) Greater Atlanta65.5917,000/truck Greater Dallas63500,000/truck St. Louis42.5625,000/truck Kansas City42500,000/truck Greater Memphis21.2600,000/truck Des Moines2.7350,000/truck Virginia Beach1.4440,000/truck Sources: Local operators (Admobile Atlanta, Streetwise Media, Admobile of St. Louis, Admobile of Kansas City, Admobile Memphis, Admobile of Central Iowa, Admobile Hampton Roads) U.S. Outdoor Advertising Trends Many companies are investing ? in advertising signs on motor vehicles –From bumper stickers to full vehicle wraps Traditional billboard companies ? are investing in stationary digital billboards –they are not investing in mobile advertising Congestion Admobile reduces congestion by ? replacing multiple delivery vehicles –1 truck replaces 5+ trucks Admobile regularly operates one ? truck in the City –Over 1 million vehicles in the City Comparison of Vehicle Sizes Passenger car SUV Van Small delivery truck Admobile truck Beverage truck Mobile billboard truck Transit bus Tractor trailer Admobile trucks use Bio-diesel fuel Has Admobile Been Operating Illegally In The City? No City granted Admobile business licenses to ? do exactly what they are doing –Approved by the City zoning officials Existing ordinance is vague ? –No objective criteria for “primary use” –Admobile trucks are used extensively for deliveries Admobile has worked on compromise with ? City in lieu of litigation Truck Ads Do Not UndermineCity’s Ability To Defend Billboard Ordinances Changes in ordinances regarding signs on ? motor vehicles would not change any ability by the City to regulate billboards All billboards would continue to be ? banned; existing billboards in the City would continue to be nonconforming as a matter of law Motor vehicles operate on public roads ? intended for commerce --not within a landscaped setting The Compromise Solution- Villanueva/ DeSteph Amendment Protect The City, Promote Small Business AN ORDINANCE TO AMEND SECTION 212 OF THE CITY ZONING ORDINANCE AND ADD A NEW SECTION 212.2, PERTAINING TO PERMITTED SIGNS ON MOTOR VEHICLES DELETED SECTION Sec. 212. Prohibited Signs (h)Any sign displayed on an automobile, truck, or other motorized vehicle when that vehicle is used primarily for the purpose of such advertising display. ADDED SECTION (page 1) Sec. 212.2. Motor vehicle signs. Signs displayed on motor vehicles operated or parked on a public (a) street or in such location as to be visible from the main traveled way of a public street shall be permitted, provided the following requirements are met: (1)The motor vehicle is not partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle; or (2)The motor vehicle displays valid license plates and a valid inspection decal; (3)The motor vehicle is not used solely for purposes of the displayof advertising; and (4)No more than four (4) signs having a maximum combined area of two hundred fifty (250) square feet of shall be simultaneously displayed on a motor vehicle, and no sign shall exceed ninety (90) square feet in area; provided, however, that the provisions of this subdivision shall not apply to buses, trolleys or other motor vehicles used primarily for purposes of providing public transportation or to motor vehicles on which signs exclusively advertise the businessof the owner of the vehicle. ADDED SECTION (page 2) No motor vehicle shall be driven on any street within a residential (b) subdivision for the purpose of displaying advertising, except as required by detour or upon order of a public safety employee of the City or state. The following types of signs shall be prohibited while the motor (c) vehicle on which they are displayed is operated or parked on a public street or in such location as to be visible from the main traveled way of a public street: (1)Flashing, pulsating or blinking signs; (2)Signs in which the message displayed changes more frequently than once every four (4) seconds; (3)Electronic changeable copy signs, including signs containing light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices used to change the advertising displayed by such signs; and (4)Signs that project more than one (1) foot above the portion of the motor vehicle to which they are affixed or that obscure the vision of the driver of the motor vehicle or of other motorists. ADDED SECTION (page 3) Any sign greater than fifteen (15) square feet in area that is (d) displayed on a motor vehicle for purposes of advertising a business other than that of the owner of the vehicle shall require an annual permit issued pursuant to the provisions of Section 210.1. The fees for such permits shall be in accordance with the provisions of Section 8-31 (c) (13) of the City Code. Violations of any of the provisions of this section shall be (e) punishable in accordance with Section 104. For purposes of this section: (f) (1)"Motor vehicle" shall be defined in accordance with Virginia Code Section 46-2-100 or any successor statute, and shall also include any trailer or other vehicle drawn by or affixed to a motor vehicle; (2)"Owner" shall be defined as set forth in Virginia Code Section 46.2-100 or any successor statute, and shall also include a lessee of a motor vehicle under a written lease. COMPARISON OF ORDINANCES PROVISIONCURRENTPROPOSEDCOMPROMISE XX Prohibits signs primarilyfor advertising –governed by subjective criteria X Prohibits vehicles solelyfor advertising X Restricts large non-owner advertising truck signs X Annual sign permit for larger non-owner signs X Restricts advertising in residential areas X Limits non-owner signs to 6 sq. ft. XX No flashing, blinking, etc. signs & projecting signs X No rotating signs XX Expressly allows transit ads X Protects the City, promotes small business X Language is clear and defined Compromise Solution Villanueva/ DeSteph Ordinance Protects The City Promotes Small Business Virginia Beach: 14best city to live and launch a small business th --Fortune Small Business Magazine