Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1253


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert Blumenfieldbegin insert and Nazarianend insert

February 22, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1253, as amended, Blumenfield. begin deleteVehicle: end deletebegin insertVehicles: end insertmobile 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:

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SECTION 1.  

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

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21100.  

Local authorities may adopt rules and regulations by
2ordinance or resolution regarding all of the following matters:

3(a) Regulating or prohibiting processions or assemblages on the
4highways.

5(b) Licensing and regulating the operation of vehicles for hire
6and drivers of passenger vehicles for hire.

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

8(d) Regulating traffic by means of official traffic control devices
9meeting the requirements of Section 21400.

10(e) (1) Regulating traffic by means of a person given temporary
11or permanent appointment for that duty by the local authority when
12official traffic control devices are disabled or otherwise inoperable,
13at the scenes of accidents or disasters, or at locations as may require
14 traffic direction for orderly traffic flow.

15(2) A person shall not be appointed pursuant to this subdivision
16unless and until the local authority has submitted to the
17commissioner or to the chief law enforcement officer exercising
18jurisdiction in the enforcement of traffic laws within the area in
19which the person is to perform the duty, for review, a proposed
20program of instruction for the training of a person for that duty,
21and unless and until the commissioner or other chief law
22enforcement officer approves the proposed program. The
23commissioner or other chief law enforcement officer shall approve
24a proposed program if he or she reasonably determines that the
25program will provide sufficient training for persons assigned to
26perform the duty described in this subdivision.

27(f) Regulating traffic at the site of road or street construction or
28maintenance by persons authorized for that duty by the local
29authority.

30(g) (1) Licensing and regulating the operation of tow truck
31service or tow truck drivers whose principal place of business or
32employment is within the jurisdiction of the local authority,
33excepting the operation and operators of any auto dismantlers’ tow
34vehicle licensed under Section 11505 or any tow truck operated
35by a repossessing agency licensed under Chapter 11 (commencing
36with Section 7500) of Division 3 of the Business and Professions
37Code and its registered employees.

38(2) The Legislature finds that the safety and welfare of the
39general public is promoted by permitting local authorities to
40regulate tow truck service companies and operators by requiring
P3    1licensure, insurance, and proper training in the safe operation of
2towing equipment, thereby ensuring against towing mistakes that
3may lead to violent confrontation, stranding motorists in dangerous
4situations, impeding the expedited vehicle recovery, and wasting
5state and local law enforcement’s limited resources.

6(3) This subdivision does not limit the authority of a city or city
7and county pursuant to Section 12111.

8(h) Operation of bicycles, and, as specified in Section 21114.5,
9electric carts by physically disabled persons, or persons 50 years
10of age or older, onbegin delete theend delete public sidewalks.

11(i) Providing for the appointment of nonstudent school crossing
12guards for the protection of persons who are crossing a street or
13highway in the vicinity of a school or while returning thereafter
14to a place of safety.

15(j) Regulating the methods of deposit of garbage and refuse in
16streets and highways for collection by the local authority or by
17any person authorized by the local authority.

18(k) (1) Regulating cruising.

19(2) The ordinance or resolution adopted pursuant to this
20subdivision shall regulate cruising, which is the repetitive driving
21of a motor vehicle past a traffic control point in traffic that is
22congested at or near the traffic control point, as determined by the
23ranking peace officer on duty within the affected area, within a
24specified time period and after the vehicle operator has been given
25an adequate written notice that further driving past the control
26point will be a violation of the ordinance or resolution.

27(3) A person is not in violation of an ordinance or resolution
28adopted pursuant to this subdivision unless both of the following
29apply:

30(A) That person has been given the written notice on a previous
31driving trip past the control point and then again passes the control
32point in that same time interval.

33(B) The beginning and end of the portion of the street subject
34to cruising controls are clearly identified by signs that briefly and
35clearly state the appropriate provisions of this subdivision and the
36local ordinance or resolution on cruising.

37(l) Regulating or authorizing the removal by peace officers of
38vehicles unlawfully parked in a fire lane, as described in Section
3922500.1, on private property. A removal pursuant to this
40subdivision shall be consistent, to the extent possible, with the
P4    1procedures for removal and storage set forth in Chapter 10
2(commencing with Section 22650).

3(m) Regulating mobile billboard advertising displays, as defined
4in Section 395.5, including the establishment of penalties, which
5may include, but are not limited to, removal of the mobile billboard
6advertising display, civil penalties, and misdemeanor criminal
7penalties, for a violation of the ordinance or resolution. The
8ordinance or resolution may establish a minimum distance that a
9mobile billboard advertising display shall be moved after a
10specified time period.

11(n) Licensing and regulating the operation of pedicabs for hire,
12as defined in Section 467.5, and operators of pedicabs for hire,
13including requiring one or more of the following documents:

14(1) A valid California driver’s license.

15(2) Proof of successful completion of a bicycle safety training
16course certified by the League of American Bicyclists or an
17equivalent organization as determined by the local authority.

18(3) A valid California identification card and proof of successful
19completion of the written portion of the California driver’s license
20examination administered by the department. The department shall
21administer, without charging a fee, the original driver’s license
22written examination on traffic laws and signs to a person who
23states that he or she is, or intends to become, a pedicab operator,
24and who holds a valid California identification card or has
25successfully completed an application for a California identification
26card. If the person achieves a passing score on the examination,
27the department shall issue a certificate of successful completion
28of the examination, bearing the person’s name and identification
29card number. The certificate shall not serve in lieu of successful
30completion of the required examination administered as part of
31any subsequent application for a driver’s license. The department
32is not required to enter the results of the examination into the
33computerized record of the person’s identification card or otherwise
34retain a record of the examination or results.

35(o) (1) This section does not authorize a local authority to enact
36or enforce an ordinance or resolution that establishes a violation
37if a violation for the same or similar conduct is provided in this
38code, nor does it authorize a local authority to enact or enforce an
39ordinance or resolution that assesses a fine, penalty, assessment,
40or fee for a violation if a fine, penalty, assessment, or fee for a
P5    1 violation involving the same or similar conduct is provided in this
2code.

3(2) This section does not preclude a local authority from enacting
4parking ordinances pursuant to existing authority in Chapter 9
5(commencing with Section 22500) of Division 11.

6(p) (1) Regulating advertising signs on motor vehicles parked
7or left standing upon a public street. The ordinance or resolution
8may establish a minimum distance that the advertising sign shall
9be moved after a specified time period.

10(2) Paragraph (1) does not apply to any of the following:

11(A) Advertising signs that are permanently affixed to the body
12of, an integral part of, or a fixture of a motor vehicle for permanent
13decoration, identification, or display and that do not extend beyond
14the overall length, width, or height of the vehicle.

15(B) If the license plate frame is installed in compliance with
16Section 5201, paper advertisements issued by a dealer contained
17within that license plate frame or any advertisements on that license
18plate frame.

19(3) As used in paragraph (2), “permanently affixed” means any
20of the following:

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

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

23(C) Placed in a location on the body of a motor vehicle that was
24specifically designed by a vehicle manufacturer as defined in
25Section 672 and licensed pursuant to Section 11701, in compliance
26with both state and federal law or guidelines, for the express
27purpose of containing an advertising sign.



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