BILL ANALYSIS Ó
AB 1253
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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