BILL ANALYSIS Ó
AB 2291
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 2291 (Blumenfield) - As Amended: May 3, 2012
SUBJECT : Vehicles: advertising signs.
SUMMARY : Defines the term "permanently affixed" for the
purposes of existing law regulating mobile billboards.
EXISTING LAW :
1)Authorizes local authorities to adopt rules and regulations by
ordinance or resolution regarding specified matters,
including, among other things, regulating advertising signs on
motor vehicles parked or left standing upon a public street.
2)Authorizes local authorities to establish by ordinance or
resolution a minimum distance that the advertising sign shall
be moved after a specified time period.
3)Excludes from the above authorization advertising signs that
are painted directly upon or are permanently affixed to the
body of, an integral part of, or a fixture of a motor vehicle
for permanent decoration, identification, or display and that
do not extend beyond the overall length, width, or height of
the vehicle.
4)Specifies that a vehicle left standing on a highway for 72 or
more consecutive hours may be removed by a peace officer.
FISCAL EFFECT : None
COMMENTS :
1)This bill is intended to clarify existing "mobile billboard"
law as it relates to a local government's ability to regulate
advertising signs on motor vehicles parked on public streets.
Under current law, cities and counties may regulate advertising
signs on motor vehicles parked on a public street. Exempted
from those regulations are "advertising signs painted directly
upon or permanently affixed to the body of, an integral part
of, or fixture of a motor vehicle for permanent decoration,
AB 2291
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identification, or display and that do not extend beyond the
overall length, width or height of the vehicle." ŬEmphasis
added]
This bill would define the term "permanently affixed" to mean
any sign "painted directly on the body of a motor vehicle,
applied as a decal on the body of a motor vehicle, or placed
in a location on the body of a motor vehicle that was
specifically designed by a vehicle manufacturer?for the
express purpose of containing an advertising sign."
The measure is author sponsored.
2)According to the author, "Ŭt]his bill provides a technical
update to the state's mobile billboard laws by providing a
definition for the term "permanently affixed," which is
critical in determining the scope of current mobile billboard
law. This will help reduce costly litigation costs at the
local level and provide more guidance to local governments in
drafting mobile billboard ordinances.
Mobile billboards have taken many makeshift forms, which
constitute a public safety hazard on public streets. Many
mobile billboards are hastily affixed to vehicles which, if
they were in a vehicular accident, would become dangerous
projectiles. By defining "permanently affixed," state law
will better articulate what does not constitute a public
safety risk, what falls under local control, and what does not
fall within local control within mobile billboard law."
3)AB 1298 (Blumenfield), Chapter 538, Statutes of 2011,
broadened the definition of a mobile billboard to include any
device with the primary purpose of advertising, while allowing
local governments to enact ordinances establishing a minimum
distance that a parked vehicle must be moved once the state's
72-hour time limit has been met.
AB 2756 (Blumenfield), Chapter 615, Statutes of 2010, gave local
governments the ability to enact ordinances that prohibit the
parking of an unhitched trailer with advertising attached to
it on any public street and impose penalties when violations
occur.
4)Support arguments : According to the author, "Ŭt]his bill
provides a technical update to the state's mobile billboard
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laws?which is critical in determining the scope of current
mobile billboard law. This will help reduce costly litigation
costs at the local level and provide more guidance to local
governments in drafting mobile billboard ordinances."
Opposition arguments : None.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles City Attorney's Office
Opposition
None on file
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958