Today's Law As Amended


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AB-2087 Outdoor advertising.(2001-2002)



As Amends the Law Today


SECTION 1.
 It is the intent of this act to enhance the business climate within the jurisdiction of cities, counties, school districts, and special districts and to create a new source of revenue for those local agencies.

SEC. 2.

 Section 5273 of the Business and Professions Code is amended to read:

5273.
 (a) For  Notwithstanding  the dissolution of a state redevelopment agency and subject to subdivision (b), for purposes of this chapter, an advertising display advertising the businesses and activities developed  purpose of this chapter, advertising displays advertising any business conducted, services rendered, or goods produced or sold  within the boundary limits of, and as a part of, an individual redevelopment agency project, as those boundaries existed on December 29, 2011, and which was in use as of December 31, 2022, may continue to exist and be considered an on-premises display, as defined in Section 5490, and subject to the provisions of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, if the advertising display meets all of the following conditions: any redevelopment agency project area or areas may, if permitted by local ordinance and with the consent of the governing redevelopment agency, be considered to be on the premises anywhere within the boundary limits of that redevelopment agency’s project area or areas for a period not to exceed 20 years, the completion of the project, the expiration of the time limit set forth in paragraph (3) of subdivision (a) of Section 33333.2 of the Health and Safety Code, or 10 years from the termination of the effectiveness of the redevelopment plan, whichever first occurs, after which Sections 5272 and 5405 apply, unless an arrangement has been made for extension of the period between the redevelopment agency and the department for good cause. The 20-year period for existing displays shall commence on January 1, 2003. 
(1) The advertising display is located within the boundary limits of the former project.
(2) The advertising display was constructed on or before January 1, 2012.
(3) The advertising display does not cause the reduction of federal aid highway funds provided pursuant to Section 131 of Title 23 of the United States Code. If an advertising display authorized under this section is subject to a notice from the United States Department of Transportation, the Federal Highway Administration, or any other applicable federal agency to the state that the operation of that display will result in the reduction of federal aid highway funds as provided in Section 131 of Title 23 of the United States Code, the display owner or operator shall remove all advertising copy from the display within 60 days after the date the state notifies the owner or operator, and the applicable city, county, or city and county, by certified mail, of the receipt of the federal notice. Failure to remove the advertising copy pursuant to this paragraph shall result in a civil fine, imposed by the California Department of Transportation, of ten thousand dollars ($10,000) per day until the advertising copy is removed. The department shall not assume any liability in connection with the cessation of operation or removal of an advertising display or advertising copy pursuant to this paragraph. If the name of the owner or operator of the display is not indicated on the display, the state is only required to send the notice to the applicable city, county, or city and county.
(b) An advertising display described in subdivision (a) may remain until January 1, 2026.
(c) The applicable city, county, or city and county shall be responsible for ensuring that an advertising display is consistent with this section and provides a public benefit. This provision shall not be construed to preclude any enforcement authority of the department under this chapter.
(d) The applicable city, county, or city and county authorizing an advertising display placed pursuant to this section shall have primary responsibility for ensuring that the display remains in conformance with all provisions of this section. If the city, county, or city and county fails to do so within 30 days of the date of mailing of a notice to the city, county, or city and county by the department, the city, county, or city and county shall hold the department harmless and indemnify the department for all costs incurred by the department to ensure compliance with this section or to defend actions challenging the authorization of displays pursuant to this section.

SEC. 3.

 Section 5273.5 of the Business and Professions Code is amended to read:

5273.5.
 (a) Notwithstanding Section 5273, for the purposes of this chapter, in the City of Buena Park in Orange County, the Cities of Commerce, Covina, and South Gate in Los Angeles County, and the City of Victorville in San Bernardino County, advertising displays advertising those businesses and activities developed within the boundary limits of, and as a part of, any redevelopment agency project area or areas may, with the consent of the redevelopment agency governing the project area, be considered to be on the premises anywhere within the legal boundaries of the redevelopment agency’s project area or areas for a period not to exceed 10 years or the completion of the project, whichever occurs first, after which Sections 5272 and 5405 apply, unless an arrangement has been made for extension of the period between the redevelopment agency and the department for good cause.
(b) (a)  The governing body of a redevelopment agency in the cities set forth in subdivision (a),  shall give the department notice of the date, time, and place of public hearing, and  upon approving the purchase, lease, or other authorization for the erection of an advertising display pursuant to this section, Section 5273,  shall prepare, adopt, and submit to the department an application for the issuance of a permit that, at a minimum, includes a finding that the advertising display  in the discretion of the governing body of the redevelopment agency,  would not result in a concentration of displays that will have a negative impact on the safety or aesthetic quality of the community. The department shall only deny the application if the proposed structure violates Sections 5400 to 5405, inclusive, or subdivision (d) of Section 5408, or if the display would cause a reduction in federal-aid highway funds as provided in Section 131 of Title 23 of the United States Code. Upon erection of the display, the governing body of the redevelopment agency shall certify that the display advertises business conducted, services rendered, or goods produced or sold within the boundary limits set forth in Section 5273, and if the redevelopment agency at any time determines that the advertising is not in compliance with Section 5273, the redevelopment agency shall immediately notify the department in writing. 
(b) Any advertising display approved or authorized by a redevelopment agency pursuant to Section 5273 shall be placed only in a business area and shall not be placed within 500 feet of another advertising display on the same side of any portion of an interstate highway or a primary highway that is a freeway. The department shall only deny an agency’s application if the proposed structure violates Sections 5400 to 5404, inclusive, or subdivision (d) of Section 5408, or if the display would cause a reduction in federal-aid highway funds as provided in Section 131 of Title 23 of the United States Code.

SEC. 4.

 Section 5403.1 is added to the Business and Professions Code, to read:

5403.1.
 Notwithstanding Section 5403, for the purposes of this chapter, an advertising display may be placed, maintained, or positioned within the right-of-way of any highway that is under the sole jurisdiction of a city, county, city and county, or any other local government entity, subject to the approval of that city, county, city and county, or other local government entity, and provided the display does not cause a reduction of federal-aid highway funds, as provided in Section 131 of Title 23 of the United States Code. This section shall not authorize the placement of an advertising display in any landscaped center median on or between any highway.

SEC. 5.

 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. 6.

 Section 5441 of the Business and Professions Code is repealed.

5441.
 Any advertising display which is now, or hereafter becomes, in violation of Section 5440 shall be subject to removal three years from the date the freeway has been declared a landscaped freeway by the director or the director’s designee and the character of the freeway has been changed from a freeway to a landscaped freeway.

SEC. 7.

 Section 5442.12 is added to the Business and Professions Code, to read:

5442.12.
 (a) Section 5440 does not apply to any advertising display on publicly owned property that meets all of the following conditions:
(1) The display would not result in a concentration of displays that will have a negative impact on the safety or aesthetic quality of the community, in the discretion of the local jurisdiction in which the display is to be located.
(2) Placement or maintenance of the display does not require the immediate trimming, pruning, topping, or removal of existing trees to provide visibility for the display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement or maintenance of the display. However, any tree or foliage removed at any time to provide visibility to a display shall be replaced with equivalent trees or foliage at the expense of the owner of the display.
(3) The display does not cause a reduction in federal-aid highway funds, as provided in Section 131 of Title 23 of the United States Code.
(b) Notwithstanding any other provision of this chapter, no outdoor advertising display shall be placed or maintained adjacent to any interstate or primary highway in violation of the national standards promulgated pursuant to subsections (c) and (f) of Section 131 of Title 23 of the United States Code, as those standards existed on November 8, 1967.
(c) No advertising display authorized under this section shall advertise products or services that are directed solely to an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material. Nothing in this article shall be deemed to abrogate any provision of the Stop Tobacco Access to Kids Enforcement Act, Division 8.5 (commencing with Section 22950).
(d) Any advertising display authorized under this section shall require the removal of an existing display to ensure there is no increase in the number of advertising displays.