BILL NUMBER: AB 2441	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 21, 2014

   An act to amend Section 5403 of the Business and Professions Code,
relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2441, as introduced, Mullin. Outdoor advertising.
   The Outdoor Advertising Act provides for the regulation of
advertising displays visible from highways and prohibits, among
others, advertising displays visible from a highway that simulate or
imitate a directional, warning, danger, or informational sign, as
specified. A violation of the act is a crime.
   This bill would, in addition, prohibit an advertising display
visible from a highway that appears to be an official public agency
changeable message sign. Because a violation of this prohibition
would be a crime, the bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5403 of the Business and Professions Code is
amended to read:
   5403.  No advertising display shall be placed or maintained in any
of the following locations or positions or under any of the
following conditions or if the advertising structure or sign is of
the following nature:
   (a) If within the right-of-way of any highway.
   (b) If visible from any highway and simulating or imitating any
directional, warning, danger or information sign permitted under the
provisions of this chapter, or if likely to be mistaken for any
permitted sign,  or if appearing to be an official public agency
changeable message sign,  or if intended or likely to be
construed as giving warning to traffic, by, for example, the use of
the words "stop" or "slow down."
   (c) If within any stream or drainage channel or below the
floodwater level of any stream or drainage channel where the
advertising display might be deluged by flood waters and swept under
any highway structure crossing the stream or drainage channel or
against the supports of the highway structure.
   (d) If not maintained in safe condition.
   (e) If visible from any highway and displaying any red or blinking
or intermittent light likely to be mistaken for a warning or danger
signal.
   (f) If visible from any highway  which   that
 is a part of the interstate or primary systems, and 
which is  placed upon trees, or painted or drawn upon rocks
or other natural features.
   (g) If any illumination shall impair the vision of travelers on
adjacent highways. Illuminations shall be considered vision impairing
when its brilliance exceeds the values set forth in Section 21466.5
of the Vehicle Code.
   (h) If visible from a state regulated highway displaying any
flashing, intermittent, or moving light or lights.
   (i) If, in order to enhance the display's visibility, the owner of
the display or anyone acting on the owner's behalf removes, cuts,
cuts down, injures, or destroys any tree, shrub, plant, or flower
growing on property owned by the department that is visible from the
highway without a permit issued pursuant to Section 670 of the
Streets and Highways Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.