BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2756|
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                                 THIRD READING


          Bill No:  AB 2756
          Author:   Blumenfield (D) & Feuer (D)
          Amended:  8/2/10 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  8-1, 6/29/10
          AYES:  Lowenthal, Ashburn, DeSaulnier, Harman, Kehoe,  
            Pavley, Simitian, Wolk
          NOES:  Huff

           ASSEMBLY FLOOR  :  47-19, 4/26/10 - See last page for vote


           SUBJECT  :    Mobile billboard 

           SOURCE  :     City of Los Angeles


           DIGEST  :    This bill defines "mobile billboard advertising  
          display" and allows a local authority to regulate these  
          displays.

           ANALYSIS  :    The California Vehicle Code provides that its  
          provisions are applicable and uniform throughout the state.  
           A local authority may not enact or enforce any ordinance  
          on matters covered by the Vehicle Code unless it expressly  
          authorizes a local authority to do so.

          Local authorities may adopt rules and regulations by  
          ordinance or resolution regarding the following matters:

          1. Regulating or prohibiting processions or assemblages on  
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             the highways.

          2. Licensing and regulating the operation of vehicles for  
             hire (e.g., taxis), drivers of passenger vehicles for  
             hire, tow trucks, and tow truck drivers.

          3. Regulating traffic by means of traffic officers,  
             official traffic control devices, persons authorized for  
             that duty by the local authority, and at the site of  
             road construction or maintenance.

          4. Operation of bicycles and of electric carts by  
             physically disabled persons or persons 50 years of age  
             or older on the public sidewalks.

          5. Providing for the appointment of nonstudent school  
             crossing guards.

          6. Regulating the methods of deposit of refuse in streets  
             for collection.

          7. Regulating cruising, closing streets to vehicular  
             traffic, and diverting traffic under certain  
             circumstances.

          8. Regulating or authorizing the removal by peace officers  
             of vehicles unlawfully parked in a fire lane on private  
             property.

          9. Designating any highway as a through highway and  
             requiring that all vehicles observe official traffic  
             control devices before entering or crossing the highway.

          10.Prohibiting certain vehicles from using particular  
             highways.

          11.Closing particular streets during regular school hours  
             for the purpose of conducting driver training.

          12.Temporarily closing a portion of any street for  
             celebrations, parades, local special events, etc.

          13.Prohibiting entry to or exit from any street by means of  
             islands, curbs, traffic barriers, or other roadway  







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             design features to implement the circulation element of  
             a general plan.

          The Vehicle Code also prescribes specific fines and  
          assessments for numerous violations of the code.  For  
          violations for which the code does not prescribe a specific  
          penalty, the Vehicle Code provides a maximum fine in which  
          case the Judicial Council may establish the exact fine to  
          be assessed.

          This bill:

          1. Defines "mobile billboard advertising display" as an  
             advertising display that is attached to a wheeled,  
             mobile, non-motorized vehicle that carries, pulls, or  
             transports a sign or billboard, and is for the primary  
             purpose of advertising.

          2. Allows a local jurisdicition to regulate mobile  
             billboard advertising displays, including the  
             establishment of penalties as specified.

          3. Allows for the removal of a mobile billboard adversting  
             display that is parked or left standing in violation of  
             a local resolution or ordinance if the registered owner  
             of the vehicle was previously issued a warning citation  
             for the same offense.

          4. Allows a local jurisdiction, rather than posting signs  
             noticing the local resolution or ordinance, to provide  
             notice by issuing a warning citations advising the  
             registered owner that he or she may be subject to  
             penalties upon a subsequent violation.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/2/10)

          City of Los Angeles (source)
          Chatsworth Neighborhood Council
          Valley Industry Commerce Association









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           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          portable advertising signs on unhitched trailers have  
          surged in many communities across the state. They are  
          driven to a location where they are detached and parked on  
          city streets for hours or even days. Not only are they a  
          visual blight, but they pose a significant safety hazard  
          when motorists are forced to veer around them into the next  
          lane of traffic.  They also reduce available on-street  
          parking and impair visibility of pedestrians and drivers.  

          The City of Los Angeles has attempted to regulate mobile  
          billboards by way of local ordinance, but the effort has  
          been mired in litigation and difficult to enforce.  In  
          February the Los Angeles City Council adopted a resolution  
          in support of statewide legislation that would help local  
          jurisdictions address this problem.

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Beall, Bill Berryhill, Blakeslee,  
            Block, Blumenfield, Bradford, Brownley, Buchanan, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Galgiani, Hall,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Portantino,  
            Ruskin, Saldana, Skinner, Solorio, Audra Strickland,  
            Swanson, Torlakson, Torres, Torrico, Yamada
          NOES:  Anderson, DeVore, Gaines, Garrick, Gilmore, Hagman,  
            Harkey, Jeffries, Knight, Logue, Miller, Nestande,  
            Niello, Nielsen, Norby, Silva, Smyth, Tran, Villines
          NO VOTE RECORDED:  Arambula, Bass, Tom Berryhill,  
            Caballero, Conway, Cook, Emmerson, Fletcher, Fuller,  
            Furutani, V. Manuel Perez, Salas, John A. Perez, Vacancy


          JJA:do  8/2/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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