BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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          |SENATE RULES COMMITTEE            |                       AB 1253|
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                                    THIRD READING


          Bill No:  AB 1253
          Author:   Blumenfield (D) and Nazarian (D)
          Amended:  6/12/13 in Senate
          Vote:     21


           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 6/11/13
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland  

          ASSEMBLY FLOOR  :  57-15, 5/16/13 - See last page for vote


           SUBJECT  :    Mobile billboards

           SOURCE  :     Author


           DIGEST  :    This bill clarifies that a city or county may  
          establish civil penalties for violation of a local ordinance or  
          resolution regulating mobile billboards.

           ANALYSIS  :    Existing law prohibits a city or county from  
          enacting or enforcing any ordinance or resolution on matters  
          covered by the Vehicle Code unless expressly authorized by that  
          code.  Among other things, the Vehicle Code allows 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  
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          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
           
          Existing 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's  
          office argues that the explicit addition of civil penalties is a  
          necessary clarification.

          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/12/13)

          City of Torrance
          League of California Cities

           ARGUMENTS IN SUPPORT  :    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."


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          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."

           ASSEMBLY FLOOR  :  57-15, 5/16/13
          AYES:  Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson,  
            Eggman, Fong, Frazier, Garcia, Gatto, Gomez, Gordon, Gray,  
            Hagman, Hall, Roger Hernández, Jones-Sawyer, Levine,  
            Lowenthal, Maienschein, Medina, Mitchell, Mullin, Muratsuchi,  
            Nazarian, Olsen, Pan, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Salas, Skinner, Ting, Torres, Waldron,  
            Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez
          NOES:  Bigelow, Chávez, Conway, Dahle, Donnelly, Fox, Beth  
            Gaines, Harkey, Jones, Linder, Logue, Mansoor, Nestande,  
            Patterson, Wagner
          NO VOTE RECORDED:  Allen, Gorell, Grove, Holden, Melendez,  
            Morrell, Stone, Vacancy


          JA:ej  6/12/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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