BILL ANALYSIS Ó AB 1253 Page 1 ASSEMBLY THIRD READING AB 1253 (Blumenfield) As Introduced February 22, 2013 Majority vote LOCAL GOVERNMENT 7-1 ----------------------------------------------------------------- |Ayes:|Achadjian, Levine, Alejo, | | | | |Bradford, Gordon, Mullin, | | | | |Rendon | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Melendez | | | | | | | | ----------------------------------------------------------------- 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. AB 1253 Page 2 FISCAL EFFECT : None COMMENTS : 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 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. 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." AB 1253 Page 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 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. 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 Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916) 319-3958 FN: 0000484 AB 1253 Page 4