BILL ANALYSIS Ó
AB 1253
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ASSEMBLY THIRD READING
AB 1253 (Blumenfield)
As Introduced February 22, 2013
Majority vote
LOCAL GOVERNMENT 7-1
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|Ayes:|Achadjian, Levine, Alejo, | | |
| |Bradford, Gordon, Mullin, | | |
| |Rendon | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez | | |
| | | | |
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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.
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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
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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
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