BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2756
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          ASSEMBLY THIRD READING
          AB 2756 (Blumenfield and Feuer)
          As Amended  March 18, 2010
          Majority vote 

           GOVERNMENTAL ORGANIZATION    13-4                          
          TRANSPORTATION      9-4         
           
           ----------------------------------------------------------------- 
          |Ayes:|Coto, Chesbro, De Leon,   |Ayes:|Bonnie Lowenthal,         |
          |     |Evans, Hernandez, Hill,   |     |Blumenfield, Buchanan,    |
          |     |Lieu, Ma, Mendoza, V.     |     |Eng, Furutani, Galgiani,  |
          |     |Manuel Perez, Portantino, |     |Hayashi, Portantino,      |
          |     |Torres, Torrico           |     |Solorio                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Blakeslee, Nestande,      |Nays:|Jeffries, Miller, Niello, |
          |     |Silva, Tran               |     |Norby                     |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Imposes a statewide ban on parked mobile billboard  
          advertising displays within a city or county, other than a  
          parking lot or parking garage.  Specifically,  this bill  :  

          1)Prohibits a person from parking a mobile billboard advertising  
            display in a public place within a city or county, other than  
            in a parking lot or parking garage.  

          2)Defines "mobile billboard advertising display" as any  
            advertising display that is attached to a wheeled conveyance,  
            or is otherwise mobile, that carries, pulls, or transports any  
            sign or billboard for the primary purpose of advertising.  

          3)Declares that enactment of these provisions does not create  
            any inference that the Legislature intends to occupy the field  
            of mobile billboard advertising displays or preempt any local  
            ordinance that regulates those displays, and would expressly  
            provide that this bill does not preempt a city or county from  
            adopting or enforcing an ordinance regulating the displays.  

          4)Exempts a vehicle that displays an advertisement or identifies  
            the business of its owner from the prohibition against the  
            parking of any mobile billboard advertising display, so long  
            as the vehicle is engaged in the usual business or regular  








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            work of the owner and is not parked for the primary purpose of  
            advertising.  

           EXISTING LAW  :   

          1)Authorizes the legislative body of a city or county to adopt  
            ordinances that regulate, among other things, signs and  
            billboards.  

          2)Permits local authorities to enact, by ordinance or  
            resolution, prohibitions or restrictions on the stopping,  
            parking, or standing of vehicles, including, on certain  
            streets or highways, or portions thereof, during all or  
            certain hours of the day.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  AB 2756 is intended to address the increasingly  
          prolific use of mobile billboard advertising displays.  The  
          billboards advertise goods and services from car alarm systems  
          to wedding services to massages.  The displays are typically  
          secured to trailers, driven to a location, unhitched, and parked  
          in a street-side parking spot, sometimes for days on end.   
          Apparently, hundreds of these mobile billboards have sprung up  
          in cities such as Los Angeles and communities are experiencing  
          them as visual blight.  Additionally, the trailers reduce  
          available on-street parking.  
                     
           Although existing state law authorizes local authorities to  
          regulate and restrict the parking of non-motorized vehicles on  
          public streets, any attempts to date to regulate or prohibit  
          mobile billboards from being parked and left standing have been  
          met with legal challenges.  

          This bill seeks to overcome these challenges by explicitly  
          stating that parking these billboards is banned.  

           Prior legislation  :  AB 1798 (Levine) of 2004, would have  
          authorized a city or county by resolution or ordinance to  
          prohibit or restrict the stopping, parking, or standing of a  
          vehicle, other than a motor vehicle, on designated streets or  
          highways, or portions thereof, during all or certain hours of  
          the day.  Passed off the Assembly Floor 63-6; however the Senate  
          deleted the Assembly provisions of the bill.  








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          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531 


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