BILL NUMBER: AB 396	CHAPTERED  09/01/99

	CHAPTER   280
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 1999
	APPROVED BY GOVERNOR   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 23, 1999
	PASSED THE SENATE   AUGUST 19, 1999
	AMENDED IN SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN ASSEMBLY   APRIL 20, 1999

INTRODUCED BY   Assembly Member Havice

                        FEBRUARY 11, 1999

   An act to amend Section 5440 of, and to add Section 5442.9 to, the
Business and Professions Code, relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 396, Havice.  Highways:  outdoor advertising.
   The Outdoor Advertising Act regulates the placement of advertising
displays adjacent to and within specified distances of highways that
are part of the national system of interstate and defense highways
and federal-aid highways.  The act, except as specified, prohibits
any advertising display from being placed or maintained on property
adjacent to a section of a freeway that has been landscaped if the
advertising display is designed to be viewed primarily by persons
traveling on the main-traveled way of the landscaped freeway.
   This bill would additionally exempt from that prohibition a
nonconforming display erected by certain described cities, if the
display meets prescribed conditions.
   The bill would make legislative findings and declarations.


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


  SECTION 1.  The Legislature finds and declares the following:
   (a) The provisions of Section 3 of this act relating to
advertising displays are intended to only apply to small urbanized
municipalities of limited population, area, and economic resources,
which conditions significantly limit the ability of those
jurisdictions to fund their economic development activities and
support their essential social services.
   (b) The Legislature has previously approved limited exceptions to
outdoor advertising provisions for specific cities to identify
development projects, business centers, or associations as a means of
supporting economic development activities within those particular
jurisdictions.
  SEC. 2.  Section 5440 of the Business and Professions Code is
amended to read:
   5440.  Except as provided in Sections 5441, 5442, 5442.7, 5442.8,
and 5442.9, no advertising display may be placed or maintained on
property adjacent to a section of a freeway that has been landscaped
if the advertising display is designed to be viewed primarily by
persons traveling on the main-traveled way of the landscaped freeway.

  SEC. 3.  Section 5442.9 is added to the Business and Professions
Code, to read:
   5442.9.  (a) Notwithstanding Section 5440, a city described in
subdivision (b) may erect a nonconforming display if all of the
following apply:
   (1) The display is placed on property that the city has owned
since before January 1, 1995.
   (2) Not more than one additional display is added to the number of
signs within the city that do not conform to this article as of
January 1, 2000.
   (3) The display is located within the boundaries of the city.
   (4) Placement or maintenance of the display does not require the
immediate trimming, pruning, topping, or removal of existing trees to
provide visibility to the display, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement or maintenance of the display.
   (5) No public funds are required to be expended to pay for the
costs of the display.
   (6) The display does not impose additional liability on the
Department of Transportation.
   (7) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.
   (8) All proceeds received by a participating city by allowing the
erection of the nonconforming display are expended by the city solely
for parks and programs for at-risk youth.
   (9) The display does not advertise products or services which are
directed at an adult population, including, but not limited to,
alcohol, tobacco, and gambling activities.
   (b) For purposes of this section, city is any city that meets all
of the following conditions:
   (1) The city's population is 17,000 persons or less.
   (2) The city's annual budget is less than eight million dollars
($8,000,000).
   (3) The city's geographical area is less than 1.7 square miles.
   (4) The city is located in an urbanized county containing a
population of 6,000,000 or more persons.