California Legislature—2015–16 Regular Session

Assembly BillNo. 1373


Introduced by Assembly Member Santiago

February 27, 2015


An act to add Section 5272.2 to the Business and Professions Code, relating to outdoor advertising.

LEGISLATIVE COUNSEL’S DIGEST

AB 1373, as introduced, Santiago. Outdoor advertising: City of Los Angeles.

The Outdoor Advertising Act provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways. The act exempts from certain of its provisions advertising displays that advertise the business conducted or services rendered or goods produced or sold on the property upon which the display is placed, as specified.

This bill would exempt from those provisions of the act advertising displays located in a specific geographic area in the City of Los Angeles if those displays meet specified conditions and requirements, including the adoption of, and compliance with, an ordinance by the City of Los Angeles. The bill would impose certain conditions if the advertising display authorized by this bill is a message center display. The bill would require that if an advertising display is subject to a notice from the United States Department of Transportation, Federal Highway Administration, or other applicable federal agency to the state that the operation of that display will result in the reduction of federal funds, as provided, authorization of the display would cease 60 days after the state notifies the display owner of the receipt of the federal notice, and would require the display owner to remove all advertising copy within that time or be subject to specified civil fines.

The bill would make the City of Los Angeles primarily responsible for ensuring that a display remains in compliance with the ordinance and the bill’s requirements, and would require the city to indemnify and hold the department harmless if the city fails to do so.

This bill would also make findings and declarations as to the need for a special statute relating to the City of Los Angeles.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 5272.2 is added to the Business and
2Professions Code
, to read:

3

5272.2.  

(a) With the exception of Article 4 (commencing with
4Section 5300) and Sections 5400 to 5404, inclusive, this chapter
5does not apply to any advertising display located in the geographic
6area in the City of Los Angeles bounded by W. 8th Street on the
7northeast, S. Figueroa Street on the southeast, Interstate 10 on the
8southwest, and State Route 110 on the northwest, if all of the
9following conditions are met:

10(1) The advertising display is authorized by, or in accordance
11with, an ordinance, including, but not limited to, a specific plan
12or sign district, adopted by the City of Los Angeles that regulates
13advertising displays by identifying the specific displays or
14establishing regulations that include, at a minimum, all of the
15following:

16(A) Number of signs and total signage area allowed.

17(B) Maximum individual signage area.

18(C) Minimum sign separation.

19(D) Illumination restrictions and regulations, including signage
20refresh rate, scrolling, and brightness.

21(E) Illuminated sign hours of operation.

22(2) The owner of the advertising display has submitted to the
23department a copy of the ordinance adopted by the City of Los
24Angeles authorizing the advertising display and identification of
25the provisions of the ordinance required under paragraph (1) and
26the department has certified that the ordinance meets the minimum
27requirements contained in paragraph (1).

P3    1(3) The advertising display will not advertise products, goods,
2or services related to tobacco, firearms, or sexually explicit
3material.

4(4) This chapter does not limit the City of Los Angeles from
5adopting ordinances prohibiting or further restricting the size,
6number, or type of advertising displays permitted by this section.

7(5) If the advertising display is a message center, the owner of
8the display shall do one of the following:

9(A) Make the message center display available on a
10space-available basis for use by the department or the Department
11of the California Highway Patrol for public service messages,
12including Emergency Alert System (Amber Alert) messages
13disseminated pursuant to Section 8594 of the Government Code,
14and messages containing, among other things, reports of commute
15times, drunk driving awareness messages, reports of accidents of
16a serious nature, and emergency disaster communications.

17(B) Make a message center display not subject to this section
18that is under the control of the owner of the advertising display
19available on a space-available basis for public service messages
20in a location acceptable to the department and the Department of
21the California Highway Patrol.

22(C) Provide funding to the department for the installation of a
23message center display to accommodate those public service
24messages, which may include funding as part of mitigation in
25connection with the approval of development of the property on
26which the message center display is located by the City of Los
27Angeles.

28(b) If an advertising display authorized pursuant to subdivision
29 (a) is subject to a notice from the United States Department of
30Transportation, the Federal Highway Administration, or any other
31applicable federal agency to the state that the operation of that
32display will result in the reduction of federal aid highway funds
33provided in Section 131 of Title 23 of the United States Code,
34authorization of the display under subdivision (a) shall cease and
35the display owner shall remove all advertising copy from the
36display within 60 days after the state notifies the display owner of
37the receipt of the federal notice. Failure to remove the advertising
38copy pursuant to this subdivision shall result in a civil fine, imposed
39by the California Department of Transportation, of ten thousand
40dollars ($10,000) per day until the advertising copy is removed.
P4    1The department shall not assume any liability in connection with
2cessation of operation or removal of an advertising display or
3advertising copy pursuant to this subdivision.

4(c) The City of Los Angeles shall have primary responsibility
5for ensuring that a display authorized pursuant to subdivision (a)
6remains in conformance with all provisions of the ordinance and
7of this section. If the City of Los Angeles fails to ensure that the
8display remains in conformance with all provisions of the ordinance
9and of this section after 30 days of receipt of a written notice from
10the department, the City of Los Angeles shall hold the department
11harmless and indemnify the department for all costs incurred by
12the department to ensure compliance with the ordinance and this
13section or to defend actions challenging the adoption of the
14ordinance allowing the displays.

15

SEC. 2.  

Due to unique circumstances concerning the location
16of the advertising displays, or proposed advertising displays, set
17forth in this act and the need for advertising in that location, it is
18necessary that an exemption from some of the provisions of the
19Outdoor Advertising Act be provided for those displays, and the
20Legislature finds and declares that a general statute cannot be made
21applicable within the meaning of Section 16 of Article IV of the
22California Constitution.



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