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DIGITAL BILLBOARD POLICY
DATE: 02/23/2026
PURPOSE/OVERVIEW:
This policy establishes guidelines for the use of the City of Muskegon’s (the “City”) Digital Billboards. These Digital Billboards
are intended to be used in order to promote city or community events and to lease advertising space for commercial
speech. The City maintains these Digital Billboards as a non-public forum. Allowing Advertising through this Policy is not
intended to serve as a forum for free expression by the public. Approval by the City to display an advertisement under this
Policy constitutes government or commercial speech.
In limiting advertisements to commercial speech the City has an interest in: a) maintaining a position of neutrality on issues
that would disaffect drivers to the detriment of other drivers and pedestrians; b) preventing a reduction in income earned
from selling advertising space because commercial advertisers would be dissuaded from using the same forum that would
also be used for public debate; c) minimizing chances of abuse, the appearance of favoritism, and the risk of imposing
upon a captive audience certain material that does not facilitate rapid, convenient, pleasant, and inexpensive service to
commuters; and (d) to supplement revenue, tax proceeds, and other income that funds and maintains the Digital
Billboards.
In limiting certain forms of commercial speech the City has an interest in: a) reducing drinking or smoking by minors; b)
reducing a minor’s use of age restricted products illegal for minors; c) reducing a minor’s use of substances that would be
illegal for consumption or possession; d) protecting minors from dangers attendant to illegal use of weapons; e) protecting
minors from content that is rated as not appropriate for minors by law or that may incite behavior inappropriate for
schooling; f) protecting all drivers, passengers, and other persons from engaging in unsafe transit behaviors or sensory
inputs that would put a driver, passenger, or another person using the right-of-way or other viewer in danger; and g)
maintaining an image of professionalism and decorum.
POLICY ELIGIBILITY CRITERIA:
Only commercial speech will be permitted on Digital Billboards. For purposes of this policy, “commercial speech” is defined
as an advertisement that proposes a commercial transaction. In addition, the City of Muskegon or other governmental
entities may display advertising by the City of Muskegon or other governmental entities as its own government speech.
Where there is an implied non-commercial message attached to the commercial speech, such implied content shall not
be evaluated or acted upon so long as the main purpose of the advertisement is to propose a commercial transaction. In
making the determination of the main purpose of the advertisement, the City shall consider the organization’s stated
purpose in their articles of incorporation, the organization’s web materials, and any other public-facing media that the
organization makes generally known.
The City limits the amount of space on or within its Digital Billboards available for advertising space and does not represent
that it can accommodate all requests for advertising space. Advertising space will be made available only as and when
designated by the City. The City offers use of the Digital Billboards on a first-come, first-served basis under this Policy.
INELIGIBLE CONTENT
Advertising is prohibited on Digital Billboards if it includes any of the following:
1. Political Speech. Advertising that promotes or opposes a political party, the election of any candidate or group of
candidates for federal, state, or local government offices, or initiatives, petitions, referendums or other ballot
measures, including bond issues, constitutional amendments, or proposed legislation.
2. Religious Speech. Advertising that promotes or opposes any identifiable or specific religion, religious viewpoint, or
message.
3. Prohibited Products, Services, or Activities. Without limiting the prohibition of any advertising which is not
commercial speech found above, any advertising that promotes or depicts the sale, rental, use of or participation
in the following products, services or activities; or uses brand names, trademarks, slogans, images or other
materials that are identifiable with such products, services or activities are prohibited:
a. Tobacco Products. This includes, but is not limited to, cigarettes, cigars, e-cigarettes, and smokeless (e.g.
chewing) tobacco.
b. Marihuana Products.
c. Alcoholic beverages or products.
d. Gambling. Advertising that promotes or depicts gambling or wagering activities, including the use of brand
names, trademarks, slogans, images, or other materials identifiable with gambling, is prohibited. This
includes, but is not limited to, casinos, sports betting, lotteries, online gambling, and similar games of
chance.
e. Firearms, Ammunition or other Firearms-related Products or weapons.
f. Adult/Mature Rated Films, Television or Video Games. Adult films rated “X” or “NC-17”, television rated
“MA”, or video games rated “A” or “M.”
g. Adult Entertainment Facilities and Other Adult Services. Adult bookstores, adult video stores, nude dance
clubs and other adult entertainment establishments, adult telephone services, adult internet sites, and
escort services.
h. Sexual and/or Excretory Subject Matter. Any advertising that contains or involves material that describes,
depicts or represents sexual or excretory organs or activities in a way:
i. That the average adult person, applying contemporary community standards, would find, when
considered as a whole, appeals to the prurient interest of minors in sex; or
ii. Which is patently offensive to contemporary standards in the adult community as a whole with
respect to what is suitable material for minors to see; or
iii. That depicts, or reasonably appears to depict, a person under the age of eighteen exhibiting sexual
or excretory organs or engaging in sexual or excretory activities.
iv. For the purposes of this subsection, “sexual or excretory organs” shall mean and include the
human pubic area, anus, buttocks, genitalia, or any portion of the areola or nipple of the human
breast. “Sexual or excretory activities” shall mean and include actual or simulated sex acts,
including, but not limited to, the touching of one’s own or another’s clothed or unclothed sexual
or excretory organs, urination and defecation.
i. False or Misleading Material. Any material that is, or that the sponsor reasonably should have known is,
false, fraudulent, misleading, deceptive, or would constitute a tort of defamation or invasion of privacy.
j. Unlawful Use of Copyrighted or Trademarked Material. Advertising that contains an infringement of a
copyright, trademark or service mark, or is otherwise unlawful or illegal.
k. Illegal Content. Content that conflict with Federal law, State law, or City Ordinance/Policy; or promotes
illegal activity of any kind.
l. Profanity or Violence. Advertising that contains profane language, images or descriptions of graphic
violence, including dead, mutilated or disfigured human beings or animals; the act of killing, mutilating or
disfiguring human beings or animals; or the intentional infliction of pain or violent action towards or upon
a person or animal.
m. Reputationally Harmful Content. Content that may diminish the City’s reputation.
n. Unauthorized Endorsement. Advertising that implies, declares or otherwise reasonably appears to
represent that the City endorses a product, service, point of view, event or program.
o. City’s Business Operations. Advertising that is directly adverse to any commercial, administrative, or
operational operations of the City.
p. Unsafe Behavior. Any advertisement that encourages or depicts unsafe behavior with respect to vehicle-
related activities, such as disregard for normal safety precautions in awaiting, boarding, riding upon or
alighting from vehicles.
q. Lights, Noise and Special Effects. Flashing lights, sound makers, mirrors or other special effects that
interfere with the safe operation of the Digital Billboard, or the safety of drivers, drivers of other vehicles,
or the public at large.
Attribution and Contact Information.
Any advertising where the identity of the advertiser is not readily and unambiguously identifiable must include the following
identifying phrase: Paid for by ___________________. This must be in clearly visible letters. Advertising materials will be
produced at the advertiser’s expense and must be of good quality and conform to standards for size, weight, material,
placement location and other physical characteristics as set forth by the City.
APPLICATION PROCESS:
Being that the City does no more than reserve eligibility for access to the non-public forums to a particular class of
speakers whose members must then as individuals obtain permission, all proposed advertising must be submitted to the
Community Engagement Department or their designee for compliance review. The Community Engagement Department,
City Manager or their designee are responsible for the implementation of this Policy and reserve the right to determine if
an advertisement is appropriate for placement on a Digital Billboard.
The Community Engagement Department or designee may seek input from a contractor or appropriate city staff,
including the City’s Attorney, at any time during the review process. The Community Engagement Department or designee
will review the proposed advertisement for compliance with this policy and make a final decision to approve or deny the
advertisement. In the event the Community Engagement Department or designee is not available, the City Manager or
their designee may be substituted at any step in this process.
All applicants must complete the Digital Billboard Advertising Request Form, available on the City’s website. Applicants
must complete the form in full. This Request Form collects the advertiser’s contact information, preferred run dates, ad
duration, processes payment, and indicates whether the advertiser will submit artwork or request City design assistance.
Advertisers submitting artwork must provide files as stated under Additional Terms and Conditions. Applicant’s requesting
a City-designed ad must upload logos, desired text, and any optional imagery. Each Request Form will be reviewed based
on criteria such as ineligible content, design quality, relevance to local events, and frequency of change.
Applications must be submitted at least 14 days before the intended display date. No rush advertisements are available. If
approved, the City will email the applicant a proof. Advertisements will not be displayed until proof is approved in writing.
Once approved, changes to the designs are not permitted.
All advertisements are subject to City review and approval prior to publishing. Full payment is due at the time of
application. If an advertisement is not accepted, the applicant shall be refunded in full. Late or non-payment may result
in loss of eligibility for future advertising opportunities. The City reserves the right to deny or remove any advertisement
for any reason, at its sole discretion. If an advertisement is removed the applicant will be refunded on a pro rata basis.
APPEALS: A party who feels that their advertising has been rejected in error may file an appeal within 10 days of such
rejection by submitting a letter in writing to the Community Engagement Department stating the reason or reasons that
the appellant feels that the Policy has been misapplied. Appeals shall be heard in a reasonable time thereafter by the City
Manager or their designee. The City shall have 30 days after the appeal hearing to issue a final decision. The decision shall
be based strictly on the application of this Policy and the City Manager may consult with the City Attorney in evaluation of
the appeal. The appeal decision shall be final.
DISCLAIMER:
The City’s acceptance of a third-party advertisement does not constitute express or implied endorsement of the content
or message of the advertisement, including any person, organization, products, services, information or viewpoints
contained therein, or of the advertisement sponsor itself. This endorsement disclaimer extends to and includes content
that may be found via internet addresses, quick response (QR) codes, and telephone numbers that may appear in posted
ads and that direct viewers to external sources of information. However, such a disclaimer need not be printed on the
advertisement itself.
All the provisions in this Policy shall be deemed severable if found to be necessary by a court of law.
ADDITIONAL TERMS AND CONDITIONS
Advertiser warrants that all approved designs do not infringe upon any trademark or copyright. Advertiser agrees to
defend, indemnify and hold the City of Muskegon, its officers, employees, and agents free and harmless from any and all
loss, liability, claims and demands, including attorney's fees arising out of the character, contents or subject matter of any
copy displayed or produced pursuant to this Policy.
If the City is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature,
including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of
any of the spaces, or in the event the City is unable to deliver any portion of the service required, including maintenance,
credit shall be allowed to the Advertiser at the standard rates for such space or service for the period that such space or
service shall not be furnished or shall be discontinued or suspended.
In no event will the City be liable to an Advertiser for any special, incidental, or consequential damages, whether based on
breach of contract, tort (including negligence), or otherwise, and whether or not the City has been advised of the possibility
of such damage.
INDUSTRIAL PARK DIGITAL BILLBOARD FEES:
The following flat-rate fees apply to advertisements displayed per digital billboard at the Laketon Industrial Park and
Sherman Industrial Park. Updates to these fees will be adjusted through the City’s annual fee schedule.
DURATION COST
1 Day (24 hours) $50
1 Week $250
1 Calendar Month $500
6 Calendar Months $2,500
INDUSTRIAL PARK DIGITAL BILLBOARD SPECIFICS:
• Each advertisement runs in a 10-second cycle.
• Billboards run 24 hours a day, continuously rotated throughout the day.
• Total number of ads shown is limited to 18 per day, showing each ad at least once every three-minutes
TRINITY HEALTH ARENA DIGITAL BILLBOARD FEES:
DURATION COST
1 Day (24 hours) $60
1 Week $235
2 Weeks $500
1 Calendar Month $750
3 Calendar Months $2,000
6 Calendar Months $3,750
1 Calendar Year $6,750
TRINITY HEALTH ARENA DIGITAL BILLBOARD SPECIFICS:
• Each advertisement runs in a 10-second cycle.
• Billboards run 24 hours a day, continuously rotated throughout the day.
• Total number of ads shown is limited to 10 slides per day, showing each ad at least once every two-minutes.
• Advertisements directly related to on-site tenants, venue operations, or scheduled events shall receive priority
placement often limit to the available slides to six or less.
• Sections 3(b) and 3(c) of the “Ineligible Content” shall not apply to the Trinity Health Arena Billboard as the
Trinity Health Arena Billboard is tied to a regulated venue and event-based sponsorships
SIGN NAME LOCATION SIZE File Type TYPE
Laketon Industrial Laketon Avenue at US-31 315 px by JPG or Advertisement Available
Park 105 px PNG
Sherman Industrial Black Creek Rd at 315 px by JPG or Advertisement Available
Park Sherman Blvd 105 px PNG
Farmers Market Market St at Terrace 144 px by JPG or No Advertisement Available
80 px PNG
Arena Billboard Shoreline Drive at 4th St 432 px by PNG Advertisement Available
216 px
AMENDMENTS:
Any amendments to this policy related to application process or billboard specifics will be submitted to the City Manager
or designee all other amendments will be submitted to the City Commission.
CONTACTS:
For assistance with the associated process and application, please contact the Department at 231-724-6774 or email
communications@shorelinecity.com.
Document edit notes
Action Person Date Change
New Deborah Sweet 2/23/2026 New policy
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