AB 2441, as introduced, Mullin. Outdoor advertising.
The Outdoor Advertising Act provides for the regulation of advertising displays visible from highways and prohibits, among others, advertising displays visible from a highway that simulate or imitate a directional, warning, danger, or informational sign, as specified. A violation of the act is a crime.
This bill would, in addition, prohibit an advertising display visible from a highway that appears to be an official public agency changeable message sign. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 5403 of the Business and Professions
2Code is amended to read:
No advertising display shall be placed or maintained in
4any of the following locations or positions or under any of the
5following conditions or if the advertising structure or sign is of
6the following nature:
7(a) If within the right-of-way of any highway.
8(b) If visible from any highway and simulating or imitating any
9directional, warning, danger or information sign permitted under
10the provisions of this chapter, or if likely to be mistaken for any
11permitted sign,begin insert or if appearing to be an official public agency
12changeable message sign,end insert or if intended or likely to be construed
13as
giving warning to traffic, by, for example, the use of the words
14“stop” or “slow down.”
15(c) If within any stream or drainage channel or below the
16floodwater level of any stream or drainage channel where the
17advertising display might be deluged by flood waters and swept
18under any highway structure crossing the stream or drainage
19channel or against the supports of the highway structure.
20(d) If not maintained in safe condition.
21(e) If visible from any highway and displaying any red or
22blinking or intermittent light likely to be mistaken for a warning
23or danger signal.
24(f) If visible from any highwaybegin delete whichend deletebegin insert
thatend insert is a part of the
25interstate or primary systems, andbegin delete which isend delete placed upon trees, or
26painted or drawn upon rocks or other natural features.
27(g) If any illumination shall impair the vision of travelers on
28adjacent highways. Illuminations shall be considered vision
29impairing when its brilliance exceeds the values set forth in Section
3021466.5 of the Vehicle Code.
31(h) If visible from a state regulated highway displaying any
32flashing, intermittent, or moving light or lights.
33(i) If, in order to enhance the display’s visibility, the owner of
34the display or anyone acting on the owner’s behalf removes, cuts,
35cuts down, injures, or destroys any tree, shrub, plant, or flower
36growing on property owned by the
department that is visible from
37the highway without a permit issued pursuant to Section 670 of
38the Streets and Highways Code.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
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