BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1253 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: blumenfield VERSION: 2/22/13 Analysis by: Mark Stivers FISCAL: no Hearing date: June 11, 2013 SUBJECT: Mobile billboards DESCRIPTION: This bill clarifies that a city or county may establish civil penalties for violation of a local ordinance or resolution regulating mobile billboards. ANALYSIS: Current law prohibits a city or county from enacting or enforcing any ordinance or resolution on matters covered by the California Vehicle Code unless expressly authorized by that code. Among other things, the Vehicle Code does allow cities and counties to regulate mobile billboard advertising displays. A mobile billboard is 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. In regulating mobile billboards, a city or county may establish penalties including, but not limited to, removal of the mobile billboard advertising display and misdemeanor criminal penalties. The city or county also may establish a minimum distance that a mobile billboard advertising display shall be moved after a specified time period. This bill clarifies that a city or county may also establish civil penalties for violation of a local ordinance or resolution regulating mobile billboards. COMMENTS: 1.Purpose of the bill . According to the author, mobile billboards can endanger drivers and pedestrians. A wide truck may obstruct the right of way on a narrow street. An oversized billboard may block the view of oncoming traffic. AB 1253 (BLUMENFIELD) Page 2 In addition, mobile billboards may affect business by occupying precious parking spaces in a commercial corridor. This bill empowers local governments to address the problems of mobile advertising through less drastic means than the misdemeanor criminal penalties currently specified in the Vehicle Code. 2.Other cities . According to the Assembly policy committee analysis, several cities including Los Angeles, San Francisco, West Hollywood, and Burbank have banned or regulated mobile billboard advertising displays. 3.Clarification of existing law . Current law already states that cities and counties may establish penalties for violation of local mobile billboard ordinances. The statute includes a list of possible penalties that does not mention civil penalties, but the list is expressly non-exclusive. In other words, cities and counties may already impose civil penalties for these violations. The author argues that the explicit addition of civil penalties is a necessary clarification. Assembly Votes: Floor: 57-15 L Gov: 7-1 POSITIONS: (Communicated to the committee before noon on Wednesday, June 5, 2013.) SUPPORT: League of California Cities OPPOSED: None received.