Today's Law As Amended

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AB-3168 Outdoor advertising displays: publicly owned property.(2017-2018)



SECTION 1.

 Section 5216 of the Business and Professions Code is amended to read:

5216.
 (a) “Landscaped freeway” means a section or sections of a freeway that is now, or hereafter may be, improved by the planting at least on one side or on the median of the freeway right-of-way of lawns, trees, shrubs, flowers, or other ornamental vegetation requiring reasonable maintenance.
(b) Planting for the purpose of soil erosion control, control;  traffic safety requirements, including light screening, screening;  reduction of fire hazards, or  hazards; covering soundwalls or fences; or  traffic noise abatement, abatement  shall not change the character of a freeway to a landscaped freeway.
(c) Notwithstanding subdivision (a), if an agreement to relocate advertising displays from within one area of a city or county to an area adjacent to a freeway right-of-way has been entered into between a city or county and the owner of an advertising display, then a “landscaped freeway” shall not include the median of a freeway right-of-way.

SEC. 2.

 Section 5440 of the Business and Professions Code is amended to read:

5440.
 (a)  Except as otherwise provided in this article, no advertising display may be placed or maintained on property adjacent to a 1,000-foot or greater  section of a freeway that has been landscaped with at least an average width of 20 feet of landscaping or that includes trees, on department-owned property at the same or elevated grade of the main-traveled way  if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway.
(b) The department shall determine the average width by dividing the square footage of a landscaped area by its length.
(c) (1) All existing classifications shall remain in effect until the department receives a request for a new classification review in accordance with applicable regulations.
(2) The department may charge a fee in an amount not to exceed the reasonable costs incurred by the department in conducting a classification review and not to exceed five hundred dollars ($500).
(d) For purposes of this section, “average width of 20 feet” means that over any 1,000-foot section freeway there averages at least 20 feet of total property contiguous to all sides of the main traveled way between the outer edge of the shoulders and the freeway right-of-way boundaries, including median plantings, that otherwise meets the definition of a landscaped freeway in Section 5216.

SEC. 3.

 Section 5443 of the Business and Professions Code is amended to read:

5443.
 Nothing in this article prohibits either of the following:
(a) Any county from designating the districts or zones in which advertising displays may be placed or prohibited as part of a county land use or zoning ordinance.
(b) (1)  Any governmental entity from entering into a relocation agreement pursuant to Section 5412 or the department from allowing any legally permitted lawfully erected  display to be increased in height at its permitted location or to be relocated if a noise attenuation barrier is erected in front of the display or if a building, construction, or structure, including, but not limited to, a barrier, bridge, overpass, or underpass, has been or is then being erected by any government entity that obstructs the display’s visibility within 500 feet of the display and that relocated display or that action of the department  provided the height increase or relocation  would not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code or an increase in the number of displays within the jurisdiction of a governmental entity which  state that  does not conform to this article. Any increase in height permitted under this subdivision shall not be more than that necessary to restore the visibility of the display to the main-traveled way. An advertising display relocated pursuant to this subdivision shall comply with all of the provisions of Article 6 (commencing with Section 5350).
(2) A relocated advertising display may be converted to a message center pursuant to a relocation agreement. The department shall issue a permit, without any additional consideration, for any display that is being placed pursuant to a relocation agreement with another governmental entity if the relocated display conforms with the provisions of this section.