BILL ANALYSIS                                                                                                                                                                                                    



                                                                  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                  |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           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."









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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









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