AB 2441, as amended, 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,begin delete in addition,end deletebegin insert except as specified,end insert 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:
begin insert end insert
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, dangerbegin insert,end insert or information sign permitted under
10the provisions of this chapter, or if
likely to be mistaken for any
11permitted sign,begin delete or if appearing to be an official public agency or if intended or likely to be construed
12changeable message sign,end delete
13as giving warning to traffic, by, for example, the use of the words
14“stop” or “slow down.”
15(c) (1) If visible from any highway and appearing to be an
16official public agency changeable message sign.
17(2) This subdivision shall not apply to prohibit an advertising
18display that utilizes changeable messages authorized pursuant to
19subdivision (f) of Section 5272.
20(c)
end delete
21begin insert(d)end insert If within any stream or drainage channel or below the
22floodwater level of any stream or drainage channel where the
23advertising display might be deluged by flood waters and swept
24under any highway structure crossing the stream or drainage
25channel or against the supports of the highway structure.
26(d)
end delete27begin insert(e)end insert If not maintained in safe condition.
28(e)
end delete
29begin insert(f)end insert If visible from any highway and displaying any red or
30blinking or intermittent light likely to be mistaken for a warning
31or danger signal.
32(f)
end delete
33begin insert(g)end insert If visible from any highway that is a part of the interstate or
34primary systems, andbegin insert isend insert placed upon trees, or painted or drawn
35upon rocks or other natural features.
36(g)
end delete
37begin insert(h)end insert If any illumination shall impair the vision of travelers on
38adjacent highways. Illuminations shall be considered vision
P3 1impairing when its brilliance exceeds the values set forth in Section
221466.5 of the Vehicle Code.
3(h)
end delete
4begin insert(i)end insert If visible from a state regulated highway displaying any
5flashing, intermittent, or moving light or lights.
6(i)
end delete
7begin insert(j)end insert If, in order to enhance the display’s visibility, the owner of
8the display or anyone acting on the owner’s behalf removes, cuts,
9cuts down, injures, or destroys any tree, shrub, plant, or flower
10growing on property owned by the department that is visible from
11the highway without a permit issued pursuant to Section 670 of
12the Streets and Highways Code.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
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