Amended in Senate August 19, 2016

Amended in Senate August 2, 2016

Amended in Senate September 2, 2015

Amended in Assembly May 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1373

Introduced by Assembly Member Santiago

(Coauthor: Assembly Member Jones-Sawyer)

February 27, 2015

An act to add Section 5272.2 to the Business and Professions Code, relating to outdoorbegin delete advertising, and declaring the urgency thereof, to take effect immediately.end deletebegin insert advertising.end insert


AB 1373, as amended, 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 inbegin delete aend delete specific geographicbegin delete areaend deletebegin insert areasend insert 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 an advertising display authorized by this bill is a message center display. The bill would require the department, before the advertising display may be placed, to determine or to request the Federal Highway Administration to determine that the display will not cause a reduction in federal aid funds or otherwise be inconsistent with any federal law, regulation, or agreement between the state and a federal agency or department.

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.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1


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



(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 Wilshire Boulevard
7on the northeast, S. Figueroa Street on the southeast, Interstate 10
8on the southwest, and State Route 110 on the northwest,begin insert or to any
9advertising display located in the geographic area in the City of
10Los Angeles on the westerly side of State Route 110 bounded by
11West 8th Place, James M. Wood Boulevard, and Golden Avenue,end insert

12 if all of the following conditions are met:

13(1) The advertising display is authorized by, or in accordance
14with, an ordinance, including, but not limited to, a specific plan
15or sign district, adopted by the City of Los Angeles that regulates
16advertising displays by identifying the specific displays or
17establishing regulations that include, at a minimum, all of the

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

20(B) Maximum individual signage area.

P3    1(C) Minimum sign separation.

2(D) Illumination restrictions and regulations, including signage
3refresh rate, scrolling, and brightness.

4(E) Illuminated sign hours of operation.

5(2) The owner of the advertising display has submitted to the
6department a copy of the ordinance adopted by the City of Los
7Angeles authorizing the advertising display and identification of
8the provisions of the ordinance required under paragraph (1) and
9the department has certified that the ordinance meets the minimum
10requirements contained in paragraph (1).

11(3) The advertising display will not advertise products, goods,
12or services related to tobacco, firearms, or sexually explicit

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(4) (A) Except as otherwise provided in subparagraph (B),
15there shall be at least 500 feet between any two advertising displays
16located on the same side of the freeway unless the advertising
17displays are separated by buildings or other obstructions in a
18manner that only one of the advertising displays is visible from
19any given location on the freeway. For purposes of determining
20compliance with the spacing requirement, the distance between
21advertising displays shall be measured along the nearest edge of
22pavement between points directly opposite the advertising displays
23along each side of the freeway.

end insert
begin insert

(B) The spacing requirement in subparagraph (A) does not
25apply to an advertising display that advertises only the business
26conducted, services rendered, or goods produced and sold upon
27the property upon which the advertising display is located and
28that, accordingly, is not subject to the requirements of this chapter.

end insert
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(C) When counting the number of advertising displays and
30measuring the distance between them for purposes of subparagraph
31(A), the advertising displays described in subparagraph (B) shall
32be excluded from the count, and no measurements shall be made
33relative to the excluded advertising displays for purposes of
34subparagraph (A).

end insert
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36begin insert(5)end insert This chapter does not limit the City of Los Angeles from
37adopting ordinances prohibiting or further restricting the size,
38number, or type of advertising displays permitted by this section.

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end delete

P4    1begin insert(6)end insert If the advertising display is a message center, the owner of
2the display shall do one of the following:

3(A) Make the message center display available on a
4space-available basis for use by the department or the Department
5of the California Highway Patrol for public service messages,
6including Emergency Alert System (Amber Alert) messages
7disseminated pursuant to Section 8594 of the Government Code,
8and messages containing, among other things, reports of commute
9times, drunk driving awareness messages, reports of accidents of
10a serious nature, and emergency disaster communications.

11(B) Make a message center display not subject to this section
12that is under the control of the owner of the advertising display
13available on a space-available basis for public service messages
14in a location acceptable to the department and the Department of
15the California Highway Patrol.

16(C) Provide funding to the department for the installation of a
17message center display to accommodate those public service
18messages, which may include funding as part of mitigation in
19connection with the approval of development of the property on
20which the message center display is located by the City of Los

22(b) (1) Before the advertising display authorized pursuant to
23subdivision (a) may be placed, the department shall determine that
24the display will not cause a reduction in federal aid funds or
25otherwise be inconsistent with any federal law, regulation, or
26agreement between the state and a federal agency or department.

27(2) If the department is unable to make the determination
28required pursuant to paragraph (1), the department shall request
29the Federal Highway Administrationbegin delete (FHA)end deletebegin insert (FHWA)end insert of the United
30States Department of Transportation to make the determination.
31Upon receipt of a determination by thebegin delete FHAend deletebegin insert FHWAend insert that makes
32the finding described in paragraph (1), the advertising display may
33be placed.

34(c) The City of Los Angeles shall have primary responsibility
35for ensuring that a display authorized pursuant to subdivision (a)
36remains in conformance with all provisions of the ordinance and
37of this section. If the City of Los Angeles fails to ensure that the
38display remains in conformance with all provisions of the ordinance
39and of this section after 30 days of receipt of a written notice from
40the department, the City of Los Angeles shall hold the department
P5    1harmless and indemnify the department for all costs incurred by
2the department to ensure compliance with the ordinance and this
3section or to defend actions challenging the adoption of the
4ordinance allowing the displays.


SEC. 2.  

Due to unique circumstances concerning thebegin delete locationend delete
6begin insert locationsend insert of the advertising displays, or proposed advertising
7displays, set forth in this act and the need for advertising inbegin delete that
8location,end delete
begin insert those locations,end insert it is necessary that an exemption from
9some of the provisions of the Outdoor Advertising Act be provided
10for those displays, and the Legislature finds and declares that a
11general statute cannot be made applicable within the meaning of
12Section 16 of Article IV of the California Constitution.

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SEC. 3.  

This act is an urgency statute necessary for the
14immediate preservation of the public peace, health, or safety within
15the meaning of Article IV of the Constitution and shall go into
16immediate effect. The facts constituting the necessity are:

17Given the rapidity with which this area of Los Angeles is being
18developed, it is necessary that this act take effect immediately.

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