BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 2291
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Blumenfield
VERSION: 6/13/12
Analysis by: Mark Stivers FISCAL: no
Hearing date: June 19, 2012
SUBJECT:
Advertising on parked vehicles
DESCRIPTION:
This bill further defines the types of displays that state law
exempts from local regulation of advertising on parked vehicles.
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 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. Local regulations may
establish a minimum distance that a vehicle with an advertising
sign must be moved after a specified time period.
If a parked vehicle is in violation of such advertising
regulations, a city or county may impound the vehicle if the
local government has provided notice either through signage in
the areas where the ordinance will be enforced or by first
issuing a warning citation advising the vehicle owner of the
penalties, including impoundment, for subsequent violations.
This bill further defines the types of displays that are exempt
from local regulation of advertising on parked vehicles. The
bill exempts from local regulation legal license plate frames
and paper advertisements issued by a dealer and contained within
legal license plate frames. The bill also provides that
AB 2291 (BLUMENFIELD) Page 2
advertising is permanently affixed when it is:
Painted directly on the body of a motor vehicle.
Applied as a decal on the body of a motor vehicle.
Placed in a location on the body of a motor vehicle that the
manufacturer specifically designed, in compliance with both
state and federal law or guidelines, for the express purpose
of containing an advertising sign.
COMMENTS:
1.Purpose of the bill . According to the author, advertising
mounted on vehicles constitutes a safety hazard on public
streets. Many such advertising displays are hastily affixed
to vehicles such that, if the vehicle were in an accident, the
displays would become dangerous projectiles.
This bill provides a technical update to last year's AB 1298
(Blumenfield), Chapter 538, which allowed cities and counties
to regulate advertising on parked vehicles, 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. The update explicitly exempts license plate frames
and paper dealer advertisements contained within those frames
from local regulation. In addition, by providing a definition
for "permanently affixed," the author believes that this bill
will help reduce costly litigation costs at the local level
and provide more guidance to local governments in drafting
ordinances regulating advertising on parked vehicles.
2.What the exemptions affect . Among its provisions, this bill
exempts from local regulation a vehicle dealer's paper
advertisement contained within legal license plate frames.
This refers to those dealer advertisements that are displayed
in the license plate frames until the owner installs the
license plates. The bill also exempts advertisements placed
in a location on the body of a motor vehicle that was
specifically designed for the express purpose of containing an
advertising sign. This refers to advertisements within
advertisement holders mounted on taxicabs and buses by the
vehicle manufacturer.
AB 2291 (BLUMENFIELD) Page 3
3.Needed in state statute ? Current law generally authorizes
local governments to regulate advertising on parked vehicles
and contains one broad exemption intended to allow for
permanent signs that identify the business associated with a
vehicle, such as the advertising for the grocer on the side of
a grocery delivery truck. Except for this class of
advertising, local governments are free to regulate all other
advertising on parked vehicles, but if they choose to use this
authority, they are also free to create further exemptions
from their own regulations. This bill writes into state law
further exemptions for paper dealer advertisements within
license plate frames and certain taxicab and bus
advertisements even though it is not clear that any local
government has any intention of regulating such advertising.
The committee may wish to consider whether it is necessary to
add very explicit exemptions into state law or whether local
governments can adequately address these issues on their own.
Assembly Votes:
Floor: 73-1
Local Gov: 8-0
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
June 13, 202)
SUPPORT: Los Angeles City Attorney Carmen A. Trutanich
OPPOSED: None received.