California Legislature—2013–14 Regular Session

Assembly BillNo. 1253

Introduced by Assembly Member Blumenfield

February 22, 2013

An act to amend Section 21100 of the Vehicle Code, relating to vehicles.


AB 1253, as introduced, Blumenfield. Vehicle: mobile advertising displays.

Existing law authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among other things, regulating mobile billboard advertising displays, as defined, including the establishment of penalties, which may include, but are not limited to, removal of the mobile billboard advertising display and misdemeanor criminal penalties.

This bill would additionally authorize the local authorities to adopt civil penalties for a violation of an ordinance or resolution regulating mobile billboard advertising displays.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 21100 of the Vehicle Code is amended
2to read:



Local authorities may adopt rules and regulations by
4ordinance or resolution regarding all of the following matters:

P2    1(a) Regulating or prohibiting processions or assemblages on the

3(b) Licensing and regulating the operation of vehicles for hire
4and drivers of passenger vehicles for hire.

5(c) Regulating traffic by means of traffic officers.

6(d) Regulating traffic by means of official traffic control devices
7meeting the requirements of Section 21400.

8(e) (1) Regulating traffic by means of a person given temporary
9or permanent appointment for that duty by the local authority when
10official traffic control devices are disabled or otherwise inoperable,
11at the scenes of accidents or disasters, or at locations as may require
12 traffic direction for orderly traffic flow.

13(2) A person shall not be appointed pursuant to this subdivision
14unless and until the local authority has submitted to the
15commissioner or to the chief law enforcement officer exercising
16jurisdiction in the enforcement of traffic laws within the area in
17which the person is to perform the duty, for review, a proposed
18program of instruction for the training of a person for that duty,
19and unless and until the commissioner or other chief law
20enforcement officer approves the proposed program. The
21commissioner or other chief law enforcement officer shall approve
22a proposed program if he or she reasonably determines that the
23program will provide sufficient training for persons assigned to
24perform the duty described in this subdivision.

25(f) Regulating traffic at the site of road or street construction or
26maintenance by persons authorized for that duty by the local

28(g) (1) Licensing and regulating the operation of tow truck
29service or tow truck drivers whose principal place of business or
30employment is within the jurisdiction of the local authority,
31excepting the operation and operators of any auto dismantlers’ tow
32vehicle licensed under Section 11505 or any tow truck operated
33by a repossessing agency licensed under Chapter 11 (commencing
34with Section 7500) of Division 3 of the Business and Professions
35Code and its registered employees.

36(2) The Legislature finds that the safety and welfare of the
37general public is promoted by permitting local authorities to
38regulate tow truck service companies and operators by requiring
39licensure, insurance, and proper training in the safe operation of
40towing equipment, thereby ensuring against towing mistakes that
P3    1may lead to violent confrontation, stranding motorists in dangerous
2situations, impeding the expedited vehicle recovery, and wasting
3state and local law enforcement’s limited resources.

4(3) This subdivision does not limit the authority of a city or city
5and county pursuant to Section 12111.

6(h) Operation of bicycles, and, as specified in Section 21114.5,
7electric carts by physically disabled persons, or persons 50 years
8of age or older, on the public sidewalks.

9(i) Providing for the appointment of nonstudent school crossing
10guards for the protection of persons who are crossing a street or
11highway in the vicinity of a school or while returning thereafter
12to a place of safety.

13(j) Regulating the methods of deposit of garbage and refuse in
14streets and highways for collection by the local authority or by
15any person authorized by the local authority.

16(k) (1) Regulating cruising.

17(2) The ordinance or resolution adopted pursuant to this
18subdivision shall regulate cruising, which is the repetitive driving
19of a motor vehicle past a traffic control point in traffic that is
20congested at or near the traffic control point, as determined by the
21ranking peace officer on duty within the affected area, within a
22specified time period and after the vehicle operator has been given
23an adequate written notice that further driving past the control
24point will be a violation of the ordinance or resolution.

25(3) A person is not in violation of an ordinance or resolution
26adopted pursuant to this subdivision unless both of the following

28(A) That person has been given the written notice on a previous
29driving trip past the control point and then again passes the control
30point in that same time interval.

31(B) The beginning and end of the portion of the street subject
32to cruising controls are clearly identified by signs that briefly and
33clearly state the appropriate provisions of this subdivision and the
34local ordinance or resolution on cruising.

35(l) Regulating or authorizing the removal by peace officers of
36vehicles unlawfully parked in a fire lane, as described in Section
3722500.1, on private property. A removal pursuant to this
38subdivision shall be consistent, to the extent possible, with the
39procedures for removal and storage set forth in Chapter 10
40(commencing with Section 22650).

P4    1(m) Regulating mobile billboard advertising displays, as defined
2in Section 395.5, including the establishment of penalties, which
3may include, but are not limited to, removal of the mobile billboard
4advertising displaybegin insert, civil penalties,end insert and misdemeanor criminal
5penalties, for a violation of the ordinance or resolution. The
6ordinance or resolution may establish a minimum distance that a
7mobile billboard advertising display shall be moved after a
8specified time period.

9(n) Licensing and regulating the operation of pedicabs for hire,
10as defined in Section 467.5, and operators of pedicabs for hire,
11including requiring one or more of the following documents:

12(1) A valid California driver’s license.

13(2) Proof of successful completion of a bicycle safety training
14course certified by the League of American Bicyclists or an
15equivalent organization as determined by the local authority.

16(3) A valid California identification card and proof of successful
17completion of the written portion of the California driver’s license
18examination administered by the department. The department shall
19administer, without charging a fee, the original driver’s license
20written examination on traffic laws and signs to a person who
21states that he or she is, or intends to become, a pedicab operator,
22and who holds a valid California identification card or has
23successfully completed an application for a California identification
24card. If the person achieves a passing score on the examination,
25the department shall issue a certificate of successful completion
26of the examination, bearing the person’s name and identification
27card number. The certificate shall not serve in lieu of successful
28completion of the required examination administered as part of
29any subsequent application for a driver’s license. The department
30is not required to enter the results of the examination into the
31computerized record of the person’s identification card or otherwise
32retain a record of the examination or results.

33(o) (1) This section does not authorize a local authority to enact
34or enforce an ordinance or resolution that establishes a violation
35if a violation for the same or similar conduct is provided in this
36code, nor does it authorize a local authority to enact or enforce an
37ordinance or resolution that assesses a fine, penalty, assessment,
38or fee for a violation if a fine, penalty, assessment, or fee for a
39 violation involving the same or similar conduct is provided in this

P5    1(2) This section does not preclude a local authority from enacting
2parking ordinances pursuant to existing authority in Chapter 9
3(commencing with Section 22500) of Division 11.

4(p) (1) Regulating advertising signs on motor vehicles parked
5or left standing upon a public street. The ordinance or resolution
6may establish a minimum distance that the advertising sign shall
7be moved after a specified time period.

8(2) Paragraph (1) does not apply to any of the following:

9(A) Advertising signs that are permanently affixed to the body
10of, an integral part of, or a fixture of a motor vehicle for permanent
11decoration, identification, or display and that do not extend beyond
12the overall length, width, or height of the vehicle.

13(B) If the license plate frame is installed in compliance with
14Section 5201, paper advertisements issued by a dealer contained
15within that license plate frame or any advertisements on that license
16plate frame.

17(3) As used in paragraph (2), “permanently affixed” means any
18of the following:

19(A) Painted directly on the body of a motor vehicle.

20(B) Applied as a decal on the body of a motor vehicle.

21(C) Placed in a location on the body of a motor vehicle that was
22specifically designed by a vehicle manufacturer as defined in
23Section 672 and licensed pursuant to Section 11701, in compliance
24with both state and federal law or guidelines, for the express
25purpose of containing an advertising sign.