BILL ANALYSIS
AB 2756
Page 1
Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 2756 (Blumenfield) - As Amended: March 18, 2010
SUBJECT : Mobile billboard advertising displays: parking
prohibition.
SUMMARY : Imposes a statewide ban to prohibit parked mobile
billboard advertising displays within a city or county, other
than a parking lot or parking garage. Specifically, this bill :
1) Prohibits a person from parking a mobile billboard
advertising display, as defined, in a public place within a
city or county, other than a parking lot or parking garage,
as specified.
2) Defines "mobile billboard advertising display" as any
advertising display that is attached to a wheeled
conveyance, or is otherwise mobile, that carries, pulls, or
transports any sign or billboard for the primary purpose of
advertising.
3) Declares this bill enactment shall not create any
inference that the Legislature intends to occupy the field
of mobile billboard advertising displays or preempt any
local ordinance that regulates those displays, and would
expressly provide that the bill does not preempt a city or
county from adopting or enforcing an ordinance regulating
those displays.
4) Exempts a vehicle that displays an advertisement or
identifies the business of its owner from the prohibition
against the parking of any mobile billboard advertising
display, so long as the vehicle is engaged in the usual
business or regular work of the owner, and is not parked
for the primary purpose of advertising.
EXISTING LAW :
1)Authorizes the legislative body of a city or county to adopt
ordinances that regulate, among other things, signs and
billboards.
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2)Permits 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.
3)State law does not apply to advertising displays that are
deemed to be "on premise." On premise displays include those
that "advertise the sale, lease, or exchange of real property
upon which the advertising display is placed" and perhaps more
importantly, those that "advertise the business conducted or
services rendered or the goods produced or sold upon the
property upon which the advertising display is placed."
4)Specifies that the provisions of the Vehicle Code are
applicable and uniform throughout the State and in all
counties and municipalities.
FISCAL EFFECT : Unknown.
COMMENTS :
According to the author, portable advertising signs on unhitched
trailers have surged in many communities across the state. They
are driven to a location where they are detached and parked on
city streets for hours, and often several days. Not only are
they a visual blight, but they pose a significant safety hazard
when motorists are forced to veer around them into the next lane
of traffic. These unhitched trailers also reduce available
on-street parking, and impair visibility of pedestrians and
drivers.
The author notes that the City of Los Angeles has attempted to
regulate mobile billboards by way of a local ordinance, but the
effort has been mired in litigation and been difficult to
enforce. Other communities have also tackled the issue
unsuccessfully. Obstacles include signage requirements that
would be cumbersome and costly to implement and legal loopholes
pursuant to local government's ability to cite and tow trailers
parked on the street. AB 2756 will apply statewide but allow
local jurisdictions to adopt ordinances allowing such signs.
AB 2756
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The author points out that in response to being increasingly
frustrated over the proliferation of mobile billboards
throughout Los Angeles, the Los Angeles City Council is on
record to support this bill and directed city officials in March
2010 to draft an ordinance that would ban unhitched trailers
that display advertising.
Mobile billboard owners argue that prohibitions violate their
First Amendment right to free speech.
Background : The California Vehicle Code allows for local
authorities to regulate and restrict the parking of
non-motorized vehicles on public streets but attempts to
regulate or prohibit mobile billboards have been met with legal
challenges. Advertisers claim, that in addition to
constitutional concerns, cities must give their drivers advance
notice of any ban, but that could entail posting warning signs
on every entrance point to the city, which would be expensive
and further add to visual blight.
Many Counties have implemented ordinances which prohibit
vehicles with signs that have moving or flashing lights or
animation of any kind while New York City, Boston, Chicago,
Austin, and San Francisco have mobile billboard bans.
In Los Angeles, the 9th Circuit Court of Appeals recently upheld
the city's right to have parking enforcement regulations in
neighborhoods. But the Court sent other parts of the city's
case back to Superior Court for reconsideration, which is
enabling advertising trailers to still be used as an advertising
medium in the city.
In support : Local entities report the lack of clear authority
to adequately regulate unhitched trailers (such as trailers
equipped with advertising signs) and other similar non-motorized
devices that have been parked on local streets. The measure
will clarify that local jurisdictions have the authority to
restrict the parking of these vehicles.
Double-Referral : This bill has been double-referred to the
Assembly Committee on Transportation.
Prior legislation : AB 1798 (Levine) of 2004, would have
authorized a city or county by resolution or ordinance to
prohibit or restrict the stopping, parking, or standing of a
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vehicle, other than a motor vehicle, on designated streets or
highways, or portions thereof, during all or certain hours of
the day. Passed off the Assembly Floor 63-6 but was a gut and
amend on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531