BILL NUMBER: AB 2756	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Blumenfield and Feuer

                        FEBRUARY 19, 2010

   An act to add Section 22500.2 to the Vehicle Codes, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2756, as introduced, Blumenfield. Parking: commercial
advertising: mobile billboards.
   (1) The Planning and Zoning Law authorizes the legislative body of
a city or county to adopt ordinances that regulate, among other
things, signs and billboards.
   Existing law authorizes local authorities to enact, by ordinance
or resolution, prohibitions or restrictions on the stopping, parking,
or standing of vehicles, including, but not limited to, vehicles
that are 6 feet or more in height, including any load thereon, within
100 feet of any intersection, on certain streets or highways, or
portions thereof, during all or certain hours of the day.
   This bill would make it unlawful for a person to conduct, or cause
to be conducted, any mobile billboard advertising by parking any
vehicle or wheeled conveyance that carries, conveys, pulls, or
transports any sign or billboard for the primary purpose of
advertising on any public street, or other public place within the
city or county in which the public has the right to travel. The bill
would require enforcement by the city or county. By increasing the
duties of local public officials and creating a new crime, the bill
would impose a state-mandated local program.
   The bill would also authorize a city or county to enact an
ordinance that would permit the use of mobile billboards in its local
jurisdiction.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Communities across the state are experiencing a surge in
mobile billboards. These portable advertising signs on vehicles or
trailers are driven to a location where they are detached and parked
on city streets for hours, and often several days.
   (b) Not only are mobile billboards a visual blight, but they pose
a significant safety hazard when motorists are forced to veer around
them into the next lane of traffic. Mobile billboards also reduce
available on-street parking and impair the visibility of pedestrians
and drivers.
   (c) Local jurisdictions throughout the state have attempted to
regulate mobile billboards, but these efforts have become mired in
litigation and are difficult to enforce. Therefore, the Legislature
declares that a statewide approach to regulating mobile billboards is
necessary to address this serious public nuisance and to protect
public safety.
  SEC. 2.  Section 22500.2 is added to the Vehicle Code, to read:
   22500.2.  (a) It is unlawful for a person to conduct, or cause to
be conducted, any mobile billboard advertising by parking any vehicle
or wheeled conveyance that carries, conveys, pulls, or transports
any sign or billboard for the primary purpose of advertising on any
public street or other public place within the city or county in
which the public has the right to travel.
   (b) A violation of this section is an infraction punishable by the
city or county where the violation occurred.
   (c) This section shall not apply to any vehicle that displays an
advertisement or business identification of its owner, so long as the
vehicle is engaged in the usual business or regular work of the
owner, and not used merely, mainly, or primarily to display
advertisement.
   (d) Notwithstanding subdivision (a), a city or county may enact a
local ordinance that authorizes the use of mobile billboards within
its local jurisdictions.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.