BILL ANALYSIS
AB 2756
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2756 (Blumenfield and Feuer)
As Amended August 18, 2010
Majority vote
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|ASSEMBLY: |47-19|(April 26, |SENATE: |23-9 |(August 20, |
| | |2010) | | |2010) |
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Original Committee Reference: G.O.
SUMMARY : Defines "mobile billboard advertising display" and
allows a local authority to regulate these displays.
Specifically, 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 jurisdiction to regulate mobile billboard
advertising displays, including the establishment of penalties
as specified.
3)Allows for the removal of a mobile billboard advertising
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.
5)Contains double-jointing language with AB 2294 (Block).
The Senate amendments :
1)Allow a local jurisdiction to regulate mobile billboard
advertising displays, including the establishment
AB 2756
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of penalties as specified.
2)Allow for the removal of a mobile billboard advertising
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.
3)Allow 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.
4)Delete language pertaining to a direct statewide prohibition
on mobile billboards.
5)Add double-jointing language with AB 2294 (Block).
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.
3)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.
AS PASSED BY THE ASSEMBLY , this bill would have imposed a
statewide ban on parked mobile billboard advertising displays
within a city or county, other than a parking lot or parking
garage. This bill is consistent with Assembly actions. The
AB 2756
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bill now provides a more straightforward approach by allowing
local governments to regulate mobile billboards via ordinance
and to authorize the impoundment of such billboards, provided
the local government has adopted an ordinance to do so.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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.
This bill will allow a local jurisdiction to regulate mobile
billboard advertising displays, including the establishment of
penalties as specified.
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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0006546