BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1298
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Blumenfield
VERSION: 6/27/11
Analysis by: Mark Stivers FISCAL: no
Hearing date: July 5, 2011
SUBJECT:
Regulation of mobile billboards
DESCRIPTION:
This bill expands the ability of local governments to regulate
advertising on non-motorized vehicles and allows local
governments to regulate specified advertising signs on motor
vehicles parked or left standing upon a public street.
ANALYSIS:
The California Vehicle Code prohibits a local government from
enacting or enforcing any ordinance on the matters covered by
the code, such as parking, unless the Vehicle Code expressly
authorizes a local ordinance.
The Vehicle Code currently allows a local government to adopt an
ordinance regulating mobile billboard advertising displays.
Such ordinances may set a schedule of penalties, including
impoundment when the owner parks or leaves standing the display
in violation of the ordinance. In the event that the local
ordinance provides for impoundment, the law allows the local
government to provide notice either through signage in the areas
where the ordinance will be enforced or by issuing a warning
citation advising the display owner of the penalties, including
impoundment, for subsequent violations.
Current law defines a "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.
This definition does not include advertising displays on motor
vehicles.
This bill :
AB 1298 (BLUMENFIELD) Page 2
Alters the definition of "mobile billboard advertising
display" to allow local governments to regulate advertising
displays on non-wheeled vehicles (i.e., sleds, as opposed to
trailers) and advertising displays attached to bicycles.
Additionally allows local governments to regulate advertising
signs on any motor vehicle parked or left standing upon a
public street, except for signs painted directly upon or
permanently affixed to the vehicle for permanent decoration,
identification, or display that do not extend beyond the
overall length, width, or height of the vehicle.
Allows for impoundment of a vehicle parked or left standing
and displaying advertising in violation of a local ordinance
where the local government provides notice either through
signage in the areas where the ordinance will be enforced or
by issuing a warning citation advising the vehicle owner of
the penalties, including impoundment, for subsequent
violations.
With respect to both mobile billboard advertising displays and
advertising on motor vehicles, allows local governments to
establish a minimum distance that an owner must move such a
display after a specified time period.
COMMENTS:
1.Purpose of the bill . The author is concerned with the
proliferation of mobile billboards that owners park
indefinitely on public streets. He believes that such mobile
billboards constitute visual blight, reduce available
on-street parking, and impair the visibility of pedestrians
and drivers.
Last year, he authored AB 2756 (Blumenfield), Chapter 615,
Statutes of 2010, giving local governments the authority to
regulate advertising on non-motorized vehicles. The owners of
such mobile billboards have already found loopholes in AB
2756. First, the law is limited to wheeled vehicles, so
advertisers have begun to use sleds. Second, the law excludes
bicycles from the definition of "vehicle," so advertisers have
begun to attach billboards to bicycles. Third, the law does
not explicitly authorize locals to set minimum distances that
a vehicle must be moved between parkings, so advertisers will
move a vehicle as little as a few inches in order to restart
the clock. In addition, AB 2756 did not allow for regulation
of billboards attached to motor vehicles.
This bill seeks to give local governments greater authority
AB 1298 (BLUMENFIELD) Page 3
over mobile billboards by closing the loopholes in AB 2756,
expanding local authority to regulate billboards attached to
motor vehicles parked on public streets, and allowing local
governments to set a minimum distance that an owner must move
such advertising displays to avoid citation or impoundment.
2.Normal vehicle signage not affected . This bill exempts from
local regulation advertising painted directly upon or
permanently affixed to a motor vehicle for permanent
decoration, identification, or display that does not extend
beyond the overall length, width, or height of the vehicle.
The intent of this exemption is to allow for normal signage on
commercial vehicles, such as store or company names on
delivery trucks, and for mobile billboards that are driven
rather than parked.
3.Technical amendment . On page 8, at the beginning of line 18
insert "(p)"
Assembly Votes:
Floor: 59-11
Trans: 11-3
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 29, 2011)
SUPPORT: League of California Cities
Los Angeles City Attorney Carmen Trutanich
OPPOSED: None received.