BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1253
                                                                  Page  1

          Date of Hearing:  May 8, 2013

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                           K.H. "Katcho" Achadjian, Chair
              AB 1253 (Blumenfield) - As Introduced:  February 22, 2013
          
          SUBJECT  :   Vehicle: mobile advertising displays.

           SUMMARY :  Adds civil penalties to the existing list of penalties  
          a local government can establish in an ordinance or resolution  
          regulating mobile billboard advertising displays.  

           EXISTING LAW  :

          1)Authorizes local authorities to adopt rules and regulations by  
            ordinance or resolution regarding specified matters, including  
            the regulation of mobile billboard advertising displays,  
            including the establishment of penalties which may include,  
            but are not limited to, removal of the mobile billboard  
            advertising display and misdemeanor criminal penalties.   
            Authorizes the ordinance or resolution to establish a minimum  
            distance that the mobile advertising display shall be moved  
            after a specified time period.  

          2)Defines a "mobile billboard advertising display" to mean an  
            advertising display that is attached to a mobile,  
            non-motorized vehicle, device, or bicycle, that carries,  
            pulls, or transports a sign or billboard, and is for the  
            primary purpose of advertising.  

          3)Authorizes local authorities to regulate advertising signs on  
            motor vehicles parked or left standing on a public street.   
            Authorizes the ordinance or resolution to establish a minimum  
            distance that the advertising sign shall be moved after a  
            specified time period.  Establishes exemptions, as specified.   


           FISCAL EFFECT  :  None

           COMMENTS  :   

          1)The California Vehicle Code prohibits a local government from  
            enacting or enforcing any ordinance on the matters covered by  
            the code, such as parking, unless the Vehicle Code expressly  
            authorizes that local ordinance.  Current law authorizes local  








                                                                  AB 1253
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            governments to establish penalties in an ordinance or  
            resolution that regulates mobile billboard advertising  
            displays.  The penalties can include, but are not limited to,  
            the removal of a mobile billboard advertising display and  
            misdemeanor criminal penalties for a violation of the  
            ordinance or resolution.  

            This bill adds civil penalties to the list of penalties a  
            local government can establish by ordinance or resolution  
            regulating mobile billboard advertising displays.  The author  
            argues that the explicit addition of civil penalties is a  
            necessary clarification for local governments even though  
            current law specifies certain penalties may include, but are  
            not limited to, removal of the display and misdemeanor  
            criminal penalties.  This bill is author-sponsored.  

          2)According to the League of California Cities, "In some  
            communities of the state where parking is at a premium, cities  
            need to bolster state law with an ordinance individualized to  
            fit that particular community.  Specifically, some communities  
            need a resolution that is in between a tow ticket and issuing  
            a misdemeanor.  As the Vehicle Code provides that its  
            provisions are applicable and uniform throughout the state,  
            local governments need express authority from the state to  
            adopt such a resolution."

            The author argues that "This bill would enable a city to use  
            civil procedure to address problems that affect business, such  
            as the unhitched trailer occupying the last parking space in a  
            commercial corridor, endanger drivers, such as the wide truck  
            obstructing the traffic right of way on a narrow street or put  
            pedestrians at risk, such as the oversized billboard blocking  
            the view of oncoming traffic.  Importantly, this bill empowers  
            local government to address the problems of mobile advertising  
            through less drastic means than the misdemeanor criminal  
            penalties currently specified in the Vehicle Code."  

          3)The author has brought forward several measures to address the  
            concerns of the proliferation of mobile billboards that owners  
            park indefinitely on public streets causing visual blight,  
            reducing the availability of on-street parking, and impairing  
            the visibility of pedestrians and drivers.  AB 2756  
            (Blumenfield), Chapter 615, Statutes of 2010, authorized local  
            governments to enact ordinances that prohibit the parking of  
            an unhitched trailer with advertising attached to it on any  








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            public street and impose penalties when violations occur.  AB  
            1298 (Blumenfield), Chapter 583, Statutes of 2011, provided  
            greater authority to local governments over mobile billboards  
            by closing loopholes in AB 2756, expanding local authority to  
            regulate billboards attached to motor vehicles parked on  
            public streets, except for signs painted directly upon or  
            permanently affixed to the vehicle for permanent decoration,  
            and allowing local governments to set a minimum distance that  
            an owner must move such advertising displays once the state's  
            72-hour time limit has been met.  AB 2291 (Blumenfield),  
            Chapter 373, Statutes of 2012, provided technical clean-up to  
            exemptions put in place by AB 1298 by defining the term  
            "permanently affixed" as it applies to advertising signs and  
            adding license plate frame advertisements.  

            Several cities including Los Angeles, San Francisco, West  
            Hollywood, and Burbank have banned mobile billboard  
            advertising displays with ordinances that do not regulate the  
            content of the advertisement, but distinguish between vehicles  
            whose sole purpose is advertising and other types of vehicles  
            that display signs like buses, taxis, and delivery vehicles.

           4)Support arguments  :  Supporters argue that this bill would  
            provide local governments with one more tool to regulate  
            mobile billboard advertising using the most appropriate method  
            for their jurisdiction.  
             
            Opposition arguments  :  None

           REGISTERED SUPPORT / OPPOSITION  :   

           Support                         Opposition
           
          League of California Cities        None on file

           
          Analysis Prepared by  :    Misa Yokoi-Shelton / L. GOV. / (916)  
          319-3958