Chapter 2. Advertisers
Article 1. General Provisions
5200. This chapter of the Business and Professions Code
constitutes the chapter on advertisers. It may be cited
as the
Outdoor Advertising Act.
(Added by Stats. 1970, Ch. 991.)
5201. Unless the context otherwise requires, the general
provisions set forth in this article govern the construction
of
this chapter.
(Added by Stats. 1970, Ch. 991.)
5202. "Advertising display" refers to advertising
structures and to signs.
(Added by Stats. 1970, Ch. 991.)
5203. "Advertising structure" means a structure
of any kind or character erected, used, or maintained
for outdoor
advertising purposes, upon which any poster, bill, printing,
painting or other advertisement of any kind
whatsoever may be placed, including statuary, for advertising
purposes.
"Advertising structure" does not include:
(a) Official notices issued by any court or public body
or officer;
(b) Notices posted by any public officer in performance
of a public duty or by any person in giving legal notice;
(c) Directional, warning or information structures required
by or authorized by law or by federal, state or county
authority.
(d) A structure erected near a city or county boundary,
which contains the name of such city or county and
the
names of, or any other information regarding, civic,
fraternal or religious organizations located therein.
(Added by Stats. 1970, Ch. 991.; Amended by Stats. 1993,
Ch. 991.)
5204. "Bonus segment" means any segment of
an interstate highway which was covered by the Federal
Aid
Highway Act of 1958 and the Collier-Z'berg Act, namely,
any such segment which is constructed upon right-of-
way, the entire width of which was acquired subsequent
to July 1, 1956.
(Added by Stats. 1970, Ch. 991.)
5205. "Business area" means an area within
1,000 feet, measured in each direction, from the nearest
edge of a
commercial or industrial building or activity and which
is zoned under authority of state law primarily to
permit
industrial or commercial activities or an unzoned commercial
or industrial area.
(Added by Stats. 1970, Ch. 991.)
5206. "Centerline of the highway" means a
line equidistant from the edges of the median separating
the main
traveled way of a divided highway, or the centerline
of the main traveled way of a nondivided highway.
(Added by Stats. 1970, Ch. 991.)
5207. (Repealed by Stats. 1993, Ch. 991.)
5208. "Collier-Z'berg Act" refers to Chapter
128, Statutes of 1964 (First Extraordinary Session).
(Added by Stats. 1970, Ch. 991.)
5209. "Director" refers to the Director of
Transportation of the State of California.
(Amended by Stats. 1977, Ch. 579.)
5210. "Federal Aid Highway Act of 1958" refers
to Section 131 of Title 23 of the United States Code,
as in effect
before October 22, 1965.
(Added by Stats. 1970, Ch. 991.)
5211. (Repealed by Stats. 1983, Ch. 653.)
5212. "Freeway," for the purposes of this
chapter only, means a divided arterial highway for
through traffic with full
control of access and with grade separations at intersections.
(Added by Stats. 1970, Ch. 991.)
5213. "Highway" includes roads, streets, boulevards,
lanes, courts, places, commons, trails, ways or other
rights-of-
way or easements used for or laid out and intended for
the public passage of vehicles or of vehicles and persons.
(Added by Stats. 1970, Ch. 991.)
5214. "Highway Beautification Act of 1965"
refers to Section 131 of Title 23 of the United States
Code, as in effect
October 22, 1965.
(Added by Stats. 1970, Ch. 991.)
5215. "Interstate highway" means any highway
at any time officially designated as a part of the
national system of
interstate and defense highways by the director and
approved by appropriate authority of the federal government.
(Added by Stats. 1970, Ch. 991.)
5216. "Landscaped freeway" means a section
or sections of a freeway which is now, or hereafter
may be, improved
by the planting at least on one side of the freeway
right-of-way of lawns, trees, shrubs, flowers or other
ornamental vegetation which shall require reasonable
maintenance.
Planting for the purpose of soil erosion control, traffic
safety requirements, reduction of fire hazards, or
traffic
noise abatement, shall not change the character of a
freeway to a landscaped freeway.
(Added by Stats. 1970, Ch. 991.)
5216.1 "Lawfully erected" means, in reference
to advertising displays, advertising displays which
were erected in
compliance with state laws and local ordinances in effect
at the time of their erection or which were subsequently
brought into full compliance with state laws and local
ordinances, except that the term does not apply to
any
advertising display whose use is modified after erection
in a manner which causes it to become illegal. There
shall
be a rebuttable presumption pursuant to Section 606
of the Evidence Code that an advertising display is
lawfully
erected if it has been in existence for a period of
five years or longer without the owner having received
written
notice during that period from a governmental entity
stating that the display was not lawfully erected.
(Added by Stats. 1983, Ch. 653.)
5216.2. "Main-traveled way" means the traveled
way of a highway on which through traffic is carried.
In the case of
a divided highway, the traveled way of each of the separate
roadways for traffic in opposite directions is a main-
traveled way. Main-traveled way does not include facilities
such as frontage roads, ramps, auxiliary lanes, parking
areas, or shoulders.
(Added by Stats. 1983, Ch. 653.)
5216.3. "Nonconforming advertising display"
means an advertising display that was lawfully placed,
but that does
not conform to the provisions of this chapter, or the
administrative regulations adopted pursuant to this
chapter,
that were enacted subsequent to the date of placing.
(Added by Stats. 1993, Ch. 991.)
5216.4. (a) "Officially designated scenic highway
or scenic byway" means any state highway that
has been officially
designated and maintained as a state scenic highway
pursuant to Sections 260, 261, 262, and 262.5 of the
Streets
and Highways Code or that has been officially designated
a scenic byway as referred to in Section 131 (s) of
Title
23 of the United States Code.
(b) "Officially designated scenic highway or scenic
byway" does not include routes listed as part
of the State
Scenic Highway system, Streets and Highway Code, Section
263, et seq., unless those routes, or segments of
those routes, have been designated as officially designated
state scenic highways.
(Added by Stats. 1993, Ch. 991.)
5217. "Outdoor advertising business" means
the business or occupation of placing, erecting, constructing
or
maintaining advertising structures or signs including
the installation of neon gas advertising displays and
the
installation of neon gas tubing upon advertising displays
and of any other element or device designed to provide
or increase the visibility of the advertising display.
"Outdoor advertising business" does not include
the placing, erecting, constructing or maintaining
of advertising
displays exclusively pertaining to the business of the
person placing the advertising display.
(Added by Stats. 1970, Ch. 991.)
5218. "Penalty segment" means any segment
of a highway located in this state which was not covered
by the
Federal Aid Highway Act of 1958 and the Collier-Z'berg
Act but which is covered by the Highway Beautification
Act of 1965, namely, any segment of an interstate highway
which is constructed upon right-of-way, any part of
the width of which was acquired prior to July 1, 1956,
and any segment of a primary highway.
(Added by Stats. 1970, Ch. 991.)
5219. "Person" includes natural person, firm,
cooperative, partnership, association, limited liability
company, and
corporation.
(Amended by Stats. 1983, Ch. 653; Amended by Stats,
1994, Ch. 1010.)
5220. "Primary highway" means any highway,
other than an interstate highway, designated as a part
of the federal-
aid primary system in existence on June 1, 1991, and
any highway that is not in that system but which is
in the
National Highway System.
(Added by Stats. 1970, Ch. 991; Amended by Stats. 1993,
Ch. 1292.)
5221. "Sign" refers to any card, cloth, paper,
metal, painted or wooden sign of any character placed
for outdoor
advertising purposes, on or to the ground or any tree,
wall, bush, rock, fence, building, structure or thing,
either
privately or publicly owned, other than an advertising
structure.
"Sign" does not include:
(a) Official notices issued by any court or public body
or officer;
(b) Notices posted by any public officer in performance
of a public duty or by any person in giving any legal
notice;
(c) Directional, warning or information signs or structures
required by or authorized by law or by federal, state
or county authority.
(Added by Stats. 1970, Ch. 991.)
5222.1. "State highway system" means the state
highway system as described in Section 300 of the Streets
and
Highways Code.
(Added by Stats. 1993, Ch. 991.)
5222. "660 feet from the edge of the right-of-way"
means 660 feet measured from the edge of the right-of-way
horizontally along a line normal or perpendicular to
the centerline of the highway.
(Added by Stats. 1970, Ch. 991.)
5223. "Unzoned commercial or industrial area"
means an area not zoned under authority of state law
in which the
land use is characteristic of that generally permitted
only in areas which are actually zoned commercial or
industrial under authority of state law, embracing all
of the land on which one or more commercial or industrial
activities are conducted, including all land within
1,000 feet, measured in each direction, from the nearest
edge of
the commercial or industrial building or activity on
such land. As used in this section, "commercial
or industrial
activities" does not include the outdoor advertising
business or the business of wayside fresh product vending.
(Added by Stats. 1970, Ch. 991.)
5224. "Visible" means capable of being seen
(whether or not legible) without visual aid by a person
of normal visual
acuity.
(Added by Stats. 1970, Ch. 991.)
5225. The verb, "to place" and any of its
variants, as applied to advertising displays, includes
the maintaining and
the erecting, constructing, posting, painting, printing,
tacking, nailing, gluing, sticking, carving or otherwise
fastening, affixing or making visible any advertising
display on or to the ground or any tree, bush, rock,
fence,
posts, wall, building, structure or thing. It does not
include any of the foregoing activities when performed
incident to the change of an advertising message or
customary maintenance of the advertising display.
(Added by Stats. 1970, Ch. 991.)
5226. The regulation of advertising displays adjacent
to any interstate highway or primary highway as provided
in
Section 5405 is hereby declared to be necessary to promote
the public safety, health, welfare, convenience and
enjoyment of public travel, to protect the public investment
in such highways, to preserve the scenic beauty of
lands bordering on such highways, and to insure that
information in the specific interest of the traveling
public is
presented safely and effectively, recognizing that a
reasonable freedom to advertise is necessary to attain
such
objectives. The Legislature finds:
(a) Outdoor advertising is a legitimate commercial use
of property adjacent to roads and highways.
(b) Outdoor advertising is an integral part of the business
and marketing function, and an established segment
of
the national economy, and should be allowed to exist
in business areas, subject to reasonable controls in
the public
interest.
(Added by Stats. 1970, Ch. 991.)
5227. It is the intention of the Legislature to occupy
the whole field of regulation by the provisions of
this chapter
except that nothing in this chapter prohibits enforcement
of any or all of its provisions by persons designated
so to
act by appropriate ordinances duly adopted by any county
of this state nor does anything prohibit the passage
by
any county of reasonable land use or zoning regulations
affecting the placing of advertising displays in accordance
with the provisions of the Planning Law, Chapter 1 (commencing
with Section 65000) of Title 7 of the
Government Code, relating to zoning, or, with reference
to signs or structures pertaining to the business conducted
or services rendered or goods produced or sold upon
the property upon which such advertising signs or structures
are placed, ordinances subjecting such signs or structures
to building requirements.
(Added by Stats. 1970, Ch. 991.)
5228. It is declared to be the intent of the Legislature
in enacting the provisions of this chapter regulating
advertising
displays adjacent to highways included in the national
system of interstate and defense highways or the federal-aid
primary highway system to establish minimum standards
with respect thereto.
(Added by Stats. 1970, Ch. 991.)
5229. The provisions of this chapter shall not be construed
to permit a person to place or maintain in existence
on or
adjacent to any street, road or highway, including any
interstate or state highway, any outdoor advertising
prohibited by law or by any ordinance of any city, county
or city and county.
(Added by Stats. 1970, Ch. 991.)
5230. The governing body of any city, county, or city
and county may enact ordinances, including, but not
limited
to, land use or zoning ordinances, imposing restrictions
on advertising displays adjacent to any street, road,
or
highway equal to or greater than those imposed by this
chapter, if Section 5412 is complied with. No city,
county,
or city and county may allow an advertising display
to be placed or maintained in violation of this chapter.
(Amended by Stats. 1982, Ch. 494; Amended by Stats.
1983, Ch. 653.)
5231. The governing body of any city or city and county
may enact ordinances requiring licenses or permits,
or
both, in addition to those imposed by this chapter,
for the placing of advertising displays in view of
any highway,
including a highway included in the national system
of interstate and defense highways or the federal-aid
primary
highway system, within its boundaries.
(Amended by Stats. 1983, Ch. 653.)
Article 2. Administration
5250. The director may make orders and regulations for
the enforcement of this chapter and may authorize the
Department of Transportation to enforce its provisions.
(Amended by Stats. 1976, Ch. 1079; Amended by Stats.
1982, Ch. 681.)
5251. Regulations promulgated by the director prior
to November 8, 1967, concerning interstate highways
constructed upon rights-of-way, the entire width of
which was acquired after July 1, 1956, shall be continued
in
effect to the extent necessary to comply with the agreement
with the Secretary of Commerce specified in Section
131(j) of Title 23 of the United States Code.
(Added by Stats. 1970, Ch. 991.)
5252. The director shall prescribe the form of all applications,
licenses, permits and other appurtenant written
matter.
(Added by Stats. 1970, Ch. 991.)
5253. The director shall furnish requisite forms for
applications, licenses and permits provided for in
this chapter
and may appoint a representative or agent in each of
the counties throughout the state for the purpose of
issuing
the licenses and permits and collecting fees therefor
as provided in this chapter. The agent or representative,
in the
discretion of the director, may be the county clerk
in each county.
In the event of the appointment of the county clerk
in any county by the director, the county clerk shall
so act.
Upon the issuance of any such license or permit by the
authorized agent of the director, the agent shall
immediately forward a copy thereof to the director.
(Added by Stats. 1970, Ch. 991.)
5254. The director may enforce the penalties for failure
to comply with the provisions of this chapter.
(Added by Stats. 1970, Ch. 991.)
Article 3. Application of Chapter
5270. The regulation of the placing advertising displays
by this chapter, insofar as such regulation may affect
the
placing of advertising displays within view of the public
highways of this state in unincorporated areas, shall
be
exclusive of all other regulations for the placing of
advertising displays within view of the public highways
of this
state in unincorporated areas whether fixed by a law
of this state or by a political subdivision thereof.
(Added by Stats. 1970, Ch. 991.)
5271. Except as otherwise provided in this chapter,
the provisions of this chapter apply only to the placing
of
advertising displays within view of highways located
in unincorporated areas of this state, except that
the placing
of advertising displays within 660 feet from the edge
of the right-of-way of, and the copy of which is visible
from,
interstate highways or primary highways, including the
portions of such highways located in incorporated areas,
shall be governed by this chapter.
(Amended by Stats. 1980, Ch. 1278.)
5272. With the exception of the provisions contained
in Article 4 (commencing with Section 5300) and Sections
5400 and 5404, inclusive, nothing contained in this
chapter applies to any advertising display that is
not a message
center display defined by paragraph (1) of subdivision
(d) of Section 5405 and which is used exclusively for
any
of the following purposes:
(a) To advertise the sale, lease, or exchange of real
property upon which the advertising display is placed.
(b) To advertise directions to, and the sale, lease,
or exchange of, real property for which the advertising
display
is placed; provided, that the exemption of this paragraph
shall not apply to advertising displays visible from
a
highway and subject to the Highway Beautification Act
of 1965 (23 U.S.C., Sec. 131).
(c) To designate the name of the owner or occupant of
the premises or to identify the premises.
(d) To advertise the business conducted or services
rendered or the goods produced or sold upon the property
upon which the advertising display is placed if the
display is upon the same side of the highway and within
1,000
feet of the point on the property or within 1,000 feet
of the entrance to the site at which the business is
conducted
or services are rendered or goods are produced or sold.
(Added by Stats. 1982, Ch. 68; Amended by Stats. 1983,
Ch. 653; Amended by Stats. 1992, Ch. 773; Amended
by Stats. 1993, Ch. 991.)
5273. For the purpose of this chapter, advertising displays
advertising those businesses and activities developed
within the boundary limits of, and as a part of, an
individual redevelopment agency project may, with the
consent
of the redevelopment agency governing the project, be
considered to be on the premises anywhere within the
limits of that project when all of the land is contiguous
or is separated only by a public highway or public
facilities
developed or relocated for inclusion within the project
as a part of the original redevelopment plan for a
period not
to exceed 10 years or the completion of the project,
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 10-year period for
existing displays shall commence on January 1, 1986.
(Added by Stats. 1985, Ch. 1448.)
Article 4. Licenses
5300. A person engages in the business of outdoor advertising
whenever he personally or through employees places
advertising displays containing advertising which does
not pertain exclusively to his own business, or changes
the
advertising message of such advertising displays.
A manufacturer or distributor of a product for sale
to the general public does not engage in the business
of
outdoor advertising when he furnishes to a retailer
of that product for installation on the retailer's
place of business
or installs on the retailer's place of business a sign
containing advertising pertaining to the product or
the name or
business of the retailer.
(Added by Stats. 1970, Ch. 991; Amended by Stats. 1971,
Ch. 81.)
5301. No person shall engage in or carry on the business
or occupation of outdoor advertising without first
having
paid the license fee provided by this chapter. The fee
is payable annually in advance on the first day of
July of
each year to the director or his authorized agent. Each
license shall remain in force for the term of one year
from
and after the first day of July, and may be renewed
annually.
A license shall be obtained whether or not the advertising
display requires a permit.
(Added by Stats. 1970, Ch. 991.)
5302. All licenses issued on or after the first day
of July shall expire on the 30th day of June following
the date of
issue. Fees for original licenses issued after the first
day of July of each year shall be apportioned and collected
on
the basis of one-twelfth of the fee for each month or
part thereof remaining in the fiscal year.
(Added by Stats. 1970, Ch. 991.)
5303. Every application for a license shall be made
on a form to be furnished by the director. It shall
state the full
name of the applicant and the post office address of
his fixed place of business and shall contain a certification
that the applicant has obtained a copy of the provisions
of this chapter and any regulations adopted thereunder
and
is aware of their contents.
The issuance of a license entitles the holder to engage
in or carry on the outdoor advertising business and
to
apply for permits during the term of the license.
(Amended by Stats. 1983, Ch. 653.)
Article 5. Certificates of Zoning Compliance
(Repealed by Stats. 1983, Ch. 653.)
Article 6. Permits
5350. No person shall place any advertising display
within the areas affected by the provisions of this
chapter in this
state without first having secured a written permit
from the director or from his authorized agent.
(Added by Stats. 1970, Ch. 991.)
5351. Every person desiring a permit to place any advertising
display shall file an application with the director
or
with his authorized agent.
(Amended by Stats. 1984, Ch. 1003. Effective Sept. 11,
1984.)
5352. (Repealed by Stats. 1993, Ch. 991.)
5353. The application shall be filed on a blank to be
furnished by the director or by his agent. It shall
set forth the
name and address of the applicant and shall contain
a general description of the property upon which it
is
proposed to place the advertising display for which
a permit is sought and a diagram indicating the location
of the
proposed advertising display on the property, in such
a manner that the property and the location of the
proposed
advertising display may be readily ascertained and identified.
(Added by Stats. 1970, Ch. 991.)
5354. The applicant for any permit shall offer evidence
that the owner or other person in control or possession
of the
property upon which the location is situated has consented
to the placing of the advertising display.
(Added by Stats. 1970, Ch. 991.)
5355. An application for a permit to place a display
shall contain a description of the display, including
its material,
size, and subject and the proposed manner of placing
it.
(Amended by Stats. 1983, Ch. 653.)
5356. Repealed by Stats. 1983, Ch. 653.
5357. If the applicant for a permit is engaged in the
outdoor advertising business, the application shall
contain the
number of the license issued by the director.
(Added by Stats. 1970, Ch. 991.)
5358. When the application is in full compliance with
this chapter and if the advertising display will not
be in
violation of any other state law, the director or his
authorized agent shall, within 10 days after compliance
and
upon payment by the applicant of the fee provided by
this chapter, issue a permit to place the advertising
display
for the remainder of the calendar year in which the
permit is issued.
(Amended by Stats. 1983, Ch. 653.)
5359. The issuance of a permit for the placing of an
advertising structure includes the right to change
the advertising
copy thereon without obtaining any additional permit
for the remainder of the calendar year in which the
permit is
issued and without the payment of any additional permit
fee.
The issuance of a permit does not affect the obligation
of the owner of the advertising display to comply with
a
zoning ordinance applicable to the advertising display
under the provisions of this chapter nor does the permit
prevent the enforcement of the applicable ordinance
by the county.
(Added by Stats. 1970, Ch. 991.)
5360. Permits shall be renewed on the first day of January
of each year upon the application and the payment of
fees
as provided in this chapter and shall expire on the
31st day of December of the year.
(Added by Stats. 1970, Ch. 991.)
5361. Each permit provided in this chapter shall carry
an identification number and shall entitle the holder
to place
the advertising display described in the application.
(Added by Stats. 1970, Ch. 991.)
5362. No person shall place any advertising display
unless there is securely fastened upon the front thereof
an
identification number plate of the character specified
in Section 5363. The placing of any advertising display
without having affixed thereto an identification number
plate is prima facie evidence that the advertising
display
has been placed and is being maintained in violation
of the provisions of this chapter, and any such display
shall
be subject to removal as provided in Section 5463.
(Added by Stats. 1970, Ch. 991.)
5363. Identification number plates shall be furnished
by the director. Identification number plates shall
bear the
identification number of the advertising display to
which they are assigned.
(Added by Stats. 1970, Ch. 991.)
5364. The provisions of this article shall apply to
any advertising display which was lawfully placed and
which was
in existence on November 7, 1967, adjacent to an interstate
or primary highway and within the limits of an
incorporated area, but for which a permit has not heretofore
been required. A permit which is issued pursuant to
this section shall be deemed to be a renewal of an original
permit for an existing advertising display.
(Added by Stats. 1975, Ch. 1074.)
5365. When a highway within an incorporated area is
designated as an interstate or a primary highway, each
advertising display maintained adjacent to such highway
shall thereupon become subject to all of the provisions
of
this act. For purposes of applying the provisions of
this act, each such display shall be considered as
though it had
been placed along an interstate or a primary highway
during all of the time that it had been in existence.
Within 30
days of notification by the director of such highway
designation, the owner of each advertising display
adjacent to
such highway shall notify the director of the location
of such display on a form prescribed by the director.
The
director shall issue a permit for each such advertising
display on the basis of the notification from the display
owner; provided that such permits will be issued and
renewed only if the owner pays the fees required by
subdivision (b) of Section 5485. Each permit issued
pursuant to this section shall be deemed to be a renewal
of an
original permit for an existing advertising display.
(Added by Stats. 1975, Ch. 1074.)
5366. The issuance of a permit pursuant to this chapter
does not allow any person to erect an advertising display
in
violation of any ordinance of any city, county, or city
and county.
(Added by Stats. 1983, Ch. 653.)
Article 7. Regulations
5400. No advertising structure may be maintained unless
the name of the person owning or maintaining it, is
plainly
displayed thereon.
(Added by Stats. 1970, Ch. 991.)
5401. No advertising structure shall be placed unless
it is built to withstand a wind pressure of 20 pounds
per square
foot of exposed surface. Any advertising structure not
conforming to this section shall be removed as provided
in
Section 5463.
(Added by Stats. 1970, Ch. 991.)
5402. No person shall display or cause or permit to
be displayed upon any advertising structure or sign,
any
statements or words of an obscene, indecent or immoral
character, or any picture or illustration of any human
figure in such detail as to offend public morals or
decency, or any other matter or thing of an obscene,
indecent or
immoral character.
(Added by Stats. 1970, Ch. 991.)
5403. No advertising display shall be placed or maintained
in any of the following locations or positions or under
any of the following conditions or if the advertising
structure or sign is of the following nature:
(a) If within the right-of-way of any highway.
(b) If visible from any highway and simulating or imitating
any directional, warning, danger or information sign
permitted under the provisions of this chapter, or if
likely to be mistaken for any such permitted sign,
or if
intended or likely to be construed as giving warning
to traffic, such as by the use of the words "stop"
or "slow
down."
(c) If within any stream or drainage channel or below
the floodwater level of any stream or drainage channel
where the advertising display might be deluged by floodwaters
and swept under any highway structure crossing
the stream or drainage channel or against the supports
of the highway structure.
(d) If not maintained in safe condition.
(e) If visible from any highway and displaying any red
or blinking or intermittent light likely to be mistaken
for
a warning or danger signal.
(f) If visible from any highway which is a part of the
interstate or primary systems, and which is placed
upon
trees, or painted or drawn upon rocks or other natural
features.
(g) If any illumination thereon shall be of such brilliance
and so positioned as to blind or dazzle the vision
of
travelers on adjacent highways.
(h) If visible from any bonus segment and displaying
any flashing, intermittent, or moving light or lights.
(Added by Stats. 1970, Ch. 991.)
5404. No advertising display shall be placed outside
of any business district as defined in the Vehicle
Code or
outside of any unincorporated city, town or village,
or outside of any area that is subdivided into parcels
of not
more than 20,000 square feet each in area in any of
the following locations or positions, or under any
of the
following conditions, or if the advertising display
is of the following nature:
(a) If within a distance of 300 feet from the point
of intersection of highway or of highway and railroad
right-of-
way lines, except that this does not prevent the placing
of advertising display on that side of an intercepted
highway that is opposite the point of interception.
But in case any permanent building, structure or other
object
prevents any traveler on any such highway from obtaining
a clear view of approaching vehicles for a distance
of
300 feet, then advertising displays may be placed on
such buildings, structure or other object if such displays
will
not further obstruct the vision of those approaching
the intersection or interception, or if any such display
does not
project more than one foot therefrom.
(b) If placed in such a manner as to prevent any traveler
on any highway from obtaining a clear view of
approaching vehicles for a distance of 500 feet along
the highway.
(Added by Stats. 1970, Ch. 991.)
5405. Notwithstanding any other provision of this chapter,
no advertising display shall be placed or maintained
within 660 feet from the edge of the right-of-way of,
and the copy of which is visible from, any interstate
or
primary highway other than the following:
(a) Directional or other official signs or notices that
are required or authorized by law, including, but not
limited
to, signs pertaining to natural wonders, and scenic
and historical attractions, and which comply with regulations
adopted by the director relative to their lighting,
size, number, spacing, and any other requirements as
may be
appropriate to implement this chapter which are consistent
with national standards adopted by the United States
Secretary of Transportation pursuant to subdivision
(c) of Section 131 of Title 23 of the United States
Code.
(b) Advertising displays advertising the sale or lease
of the property upon which they are located, if all
advertising displays within 660 feet of the edge of
the right-of-way of a bonus segment shall comply with
the
regulations adopted under Sections 5251 and 5415.
(c) Advertising displays which advertise the business
conducted, services rendered, or goods produced or
sold
upon the property upon which the advertising display
is placed, if the display is upon the same side of
the
highway as the advertised activity; and if all advertising
displays within 660 feet of the right-of-way of a bonus
segment comply with the regulations adopted under Sections
5251, 5403, and 5415; and except that no advertising
display shall be placed after January 1, 1971, if it
contains flashing, intermittent or moving lights other
than that
part necessary to give public service information including,
but not limited to, the time, date, temperature,
weather, or similar information, or a message center
display as defined in subdivision (d).
(d) (1) Message center displays, which comply with Article
6 (commencing with Section 5350) and Article 7
(commencing with Section 5400). As used in this subdivision,
message center displays are displays which have a
changeable message which may be changed by electronic
processes or by remote control. The illumination of
a
message center display is not the use of a flashing,
intermittent, or moving light for purposes of subdivision
(b) of
Section 5408, except that no message center display
may include any illumination which is in motion or
appears
to be in motion or changes in intensity or exposes its
message for less than four seconds, nor may the interval
between messages be less than one second. No message
center display may be placed within 1,000 feet of another
message center display on the same side of the highway.
No message center display may be placed in violation
of
Section 131 of Title 23 of the United States Code.
(2) Any message center display located beyond 660 feet
from the edge of the right-of-way of an interstate
or
primary highway and permitted by a city, county, or
city and county on or before December 31, 1988, is
in
compliance with article 6 (commencing with Section 5350)
and Article 7 (commencing with Section 5400) for
purposes of this section.
(3) Any message center display legally placed on or
before December 31, 1989, which does not conform with
this section may continue to be maintained under its
existing criteria if it advertises only the business
conducted,
services rendered, or goods produced or sold upon the
property upon which the display is placed.
(4) This subdivision does not prohibit the adoption
by a city, county, or city and county of restrictions
or
prohibitions affecting off-premises message center displays
which are equal to or greater than those imposed by
this subdivision, if that ordinance or regulation does
not restrict or prohibit on-premises advertising displays,
as
defined in Chapter 2.5 (commencing with Section 5490).
(e) Advertising displays erected or maintained pursuant
to regulations of the director, not inconsistent with
the
national policy set forth in subdivision (f) of Section
131 of Title 23 of the United States Code and the standards
promulgated thereunder by the Secretary of Transportation,
and designed to give information in the specific
interest of the traveling public.
(Amended by Stats. 1975, Ch. 1074; Amended by Stats
1989, Ch. 691.)
5405.3. Nothing in this chapter, including, but not
limited to, Section 5405, shall prohibit the placing
of temporary
political signs, unless a federal agency determines
that such placement would violate federal regulations.
However, no such sign shall be placed within the right-of-way
of any highway or within 660 feet of the edge of
and visible from the right-of-way of a landscaped freeway.
A temporary political sign is a sign which:
(a) Encourages a particular vote in a scheduled election.
(b) Is placed not sooner than 90 days prior to the scheduled
election and is removed within 10 days after that
election.
(c) Is no larger than 32 square feet.
(d) Has had a statement of responsibility filed with
the department certifying a person who will be responsible
for removing the temporary political sign and who will
reimburse the department for any cost incurred to remove
it.
(Added by Stats. 1979, Ch. 1054.)
5405.5. In addition to those displays permitted pursuant
to Section 5405, erected and maintained pursuant to
regulations of the director, which will not be in violation
of Section 131 of Title 23 of the United States Code,
and
which identify the location of a farm produce outlet
where farmers sell directly to the public only those
farm or
ranch products they have produced themselves, may be
placed or maintained within 660 feet from the edge
of the
right-of-way so that the copy of the display is visible
from a highway.
The advertising displays shall indicate the location
of the farm products but not the price of any product
and
shall not be larger than 150 square feet.
(Added by Stats. 1985, Ch. 517.)
5406. The provisions of Sections 5226 and 5405 shall
not apply to bonus segments which traverse and abut
on
commercial or industrial zones within the boundaries
of incorporated municipalities, as such boundaries
existed
on September 21, 1959, wherein the use of real property
adjacent to and abutting on the national system of
interstate and defense highways is subject to municipal
regulation or control, or which traverse and abut on
other
business areas where the land use, as of September 21,
1959, was clearly established by state laws as industrial
or
commercial, provided that advertising displays within
660 feet of the edge of the right-of-way of such bonus
segments shall be subject to the provisions of Section
5408.
(Added by Stats. 1970, Ch. 991.)
5407. The provisions of Sections 5226 and 5405 shall
not apply to penalty segments which are located, or
which are
to be located, in business areas and which comply with
Section 5408, except that Sections 5226 and 5405 shall
apply to unzoned commercial or industrial areas in which
the commercial or industrial activity ceases and is
removed or permanently converted to other than a commercial
or industrial activity, and displays in such areas
shall be removed not later than five years following
the cessation, removal, or conversion of the commercial
or
industrial activity.
(Added by Stats. 1970, Ch. 991.)
5408. In addition to the advertising displays permitted
by Section 5405 to be placed within 660 feet of the
edge of
the right-of-way of interstate or primary highways,
advertising displays conforming to the following standards,
and not in violation of any other provision of this
chapter, may be placed in those locations if placed
in business
areas:
(a) Advertising displays shall not be placed which exceed
1,200 square feet in area with a maximum height of
25 feet and a maximum length of 60 feet, including border
and trim, and excluding base or apron supports and
other structural members. This subdivision shall apply
to each facing of an advertising display. The area
shall be
measured by the smallest square, rectangle, triangle,
circle, or combination thereof, which will encompass
the
entire advertisement. Two advertising displays not exceeding
350 square feet each may be erected in a facing.
Any advertising display lawfully in existence on August
1, 1967, which exceeds 1,200 square feet in area, and
which is permitted by city or county ordinance, may
be maintained in existence.
(b) Advertising displays shall not be placed which are
so illuminated that they interfere with the effectiveness
of, or obscure any official traffic sign, device, or
signal; nor shall any advertising display include or
be illuminated
by flashing, intermittent, or moving lights (except
that part necessary to give public service information
such as
time, date, temperature, weather, or similar information);
nor shall any advertising display cause beams or rays
of
light to be directed at the traveled ways if the light
is of such intensity or brilliance as to cause glare
or to impair
the vision of any driver, or to interfere with any driver's
operation of a motor vehicle.
(c) Advertising displays shall not be placed in such
a manner as to obstruct, or otherwise physically interfere
with, an official traffic sign, signal, or device or
to obstruct, or physically interfere with, the vision
of drivers in
approaching, merging, or intersecting traffic.
(d) No advertising display shall be placed within 500
feet from another advertising display on the same side
of
any portion of an interstate highway or a primary highway
which is a freeway. No advertising display shall be
placed within 500 feet of an interchange, or an intersection
at grade, or a safety roadside rest area on any portion
of an interstate highway or a primary highway which
is a freeway and if the interstate or primary highway
is
located outside the limits of an incorporated city and
outside the limits of an urban area. No advertising
display
shall be placed within 300 feet from another advertising
display on the same side of any portion of a primary
highway which is not a freeway if that portion of the
primary highway is located inside the limits of an
incorporated city or inside the limits of an urban area.
However, this subdivision does not apply to advertising
displays which are separated by a building or other
obstruction in such a manner that only one display
located
within the minimum spacing distances set forth herein
is visible from the highway at any one time. This
subdivision shall not prevent the erection of double-faced,
back-to-back, or V-type advertising display, with a
maximum of two signs per facing, as permitted in subdivision
(a). This subdivision does not apply to advertising
displays permitted by Section 5405. The minimum distance
between signs shall be measured along the nearest
edge of the pavement between points directly opposite
the signs along each side of the highway. Any advertising
display lawfully in existence on August 1, 1967, which
does not conform to this subdivision but which is
permitted by city or county ordinances may be maintained
in existence. "Urban area," as used in this
subdivision,
shall be determined in accordance with Section 101(a)
of Title 23 of the United States Code.
(Amended by Stats. 1975, Ch. 1074.)
5408.1. (a) No advertising display shall be placed or
maintained beyond 660 feet from the edge of the right-of-way
of an interstate or primary highway if such advertising
display is located outside of an urban area or within
that
portion of an urban area that is not a business area,
is visible from the main traveled way of such highway,
and is
placed with the purpose of its message being read from
such main traveled way, unless such advertising display
is
included within one of the classes of displays permitted
by Section 5405 to be placed within 660 feet from the
edge of such highway. Such display may be placed or
maintained within the portion of an urban area that
is also a
business area if such display conforms to the criteria
for size, spacing and lighting set forth in Section
5408.
(b) Any advertising display which was lawfully in existence
on the effective date of the enactment of this
section, but which does not conform to the provisions
of this section, shall not be required to be removed
until
January 1, 1980. If federal law requires the state to
pay just compensation for the removal of any such display,
it
may remain in place after January 1, 1980, and until
just compensation is paid for its removal pursuant
to Section
5412.
(c) For purposes of this section, an urban area means
an area so designated in accordance with the provisions
of
Section 101 of Title 23 of the United States Code.
(Added by Stats. 1975, Ch. 1074.)
5408.2. Notwithstanding any other provision of this
chapter, an advertising display is a lawfully erected
advertising
display and, upon application and payment of the application
fee, the director shall issue a permit for the display
if
it meets all of the following conditions:
(a) The display was erected on property adjacent to
State Highway Route 10 (Interstate 10) in the
unincorporated area of the County of Los Angeles in
order to replace a display which was required to be
removed
because the property on which it was located was acquired
by the State of California to facilitate construction
of
the busway on Route 10 in the County of Los Angeles.
(b) Upon proper application, the display could have
qualified for a permit at the time it was erected,
except for
Sections 5351 and 5408 and Article 5 (commencing with
Section 5320) as in effect at the time.
(c) The display conforms to Section 5408 as in effect
on January 1, 1984.
(d) The display was in existence on January 1, 1984.
(Added by Stats. 1984, Ch. 1003.)
5408.5. In addition to the advertising displays permitted
by Sections 5405 and 5408, advertising displays located
on
bus passenger shelters or benches and conforming to
the following standards may be placed on or adjacent
to a
highway:
(a) The advertising display may not be within 660 feet
of and visible from any federal-aid interstate or primary
rural highway, and any advertising display within 660
feet of and visible from any urban highway shall be
consistent with federal law and regulations.
(b) The advertising display shall meet traffic safety
standards of the public entity having operational authority
over the highway. These standards may include provisions
requiring a finding and certification by an appropriate
official that the proposed advertising display does
not constitute a hazard to traffic.
(c) Bus passenger shelters or benches with advertising
displays may only be placed at approved passenger
loading areas.
(d) Bus passenger shelters or benches with advertising
displays may only be placed in accordance with a permit
or agreement with the public entity having operational
authority over the highway adjacent to where, or upon
which, the advertising display is to be placed.
(e) Any advertising display on bus passenger shelters
or benches may not extend beyond the exterior limits
of
the shelter or bench.
(f) There may not be more than two advertising displays
on any bus passenger shelter.
(g) Advertising displays placed on bus passenger shelters
or benches pursuant to a permit or agreement with a
local public entity shall not be subject to the state
permit requirements specified in Article 6 (commencing
with
Section 5350).
(Added by Stats. 1982, Ch. 771; Amended by Stats. 1988,
Ch. 452.)
5409. (Repealed by Stats. 1983, Ch. 653.)
5410. Any advertising display located within 660 feet
of the edge of the right-of-way of, and the copy of
which is
visible from, any penalty segment, or any bonus segment
described in Section 5406 which display was lawfully
maintained in existence on the effective date of this
section but which was not on that date in conformity
with the
provisions of this article, may be maintained, and shall
not be required to be removed until July 1, 1970. Any
other sign which is lawful when erected, but which does
not on January 1, 1968, or any time thereafter, conform
to the provisions of this article, may be maintained,
and shall not be required to be removed, until the
end of the
fifth year after it becomes nonconforming; provided
that this section shall not apply to advertising displays
adjacent to a landscaped freeway.
(Added by Stats. 1970, Ch. 991.)
5411. (Repealed by Stats. 1983, Ch. 653.)
5412. Notwithstanding any other provision of this chapter,
no advertising display which was lawfully erected
anywhere within this state shall be compelled to be
removed, nor shall its customary maintenance or use
be
limited, whether or not the removal or limitation is
pursuant to or because of this chapter or any other
law,
ordinance, or regulation of any governmental entity,
without payment of compensation, as defined in the
Eminent
Domain Law (Title 7 (commencing with Section 1230.010)
of Part 3 of the Code of Civil Procedure), except as
provided in Sections 5412.1, 5412.2, and 5412.3. The
compensation shall be paid to the owner or owners of
the
advertising display and the owner or owners of the land
upon which the display is located.
This section applies to all displays which were lawfully
erected in compliance with state laws and local
ordinances in effect when the displays were erected
if the displays were in existence on November 6, 1978,
or
lawfully erected after November 6, 1978, regardless
of whether the displays have become nonconforming or
have
been provided an amortization period. This section does
not apply to on-premise displays as specified in Section
5272 or to displays which are relocated by mutual agreement
between the display owner and the local entity.
"Relocation," as used in this section, includes
removal of a display and construction of a new display
to
substitute for the display removed.
It is a policy of this state to encourage local entities
and display owners to enter into relocation agreements
which allow local entities to continue development in
a planned manner without expenditure of public funds
while
allowing the continued maintenance of private investment
and a medium of public communication. Cities,
counties, cities and counties, and all other local entities
are specifically empowered to enter into relocation
agreements on whatever terms are agreeable to the display
owner and the city, county, city and county, or other
local entity, and to adopt ordinances or resolutions
providing for relocation of displays.
(Added by Stats. 1982, Ch. 494, Amended by Stats. 1984,
Ch. 554.)
5412.1. A city, county, or city and county, whose ordinances
or regulations are otherwise in full compliance with
Section 5412, is not in violation of that section if
the entity elects to require the removal without compensation
of
any display which meets all the following requirements:
(a) The display is located within an area shown as residential
on a local general plan as of either the date an
ordinance or regulation is enacted or becomes applicable
to the area which incorporates the provisions of this
section.
(b) The display is located within an area zoned for
residential use either on the date on which the removal
requirement is adopted or becomes applicable to the
area.
(c) The display is not located within 660 feet from
the edge of the right-of-way of an interstate or primary
highway with its copy visible from the highway, nor
is placed or maintained beyond 660 feet from the edge
of the
right-of-way of an interstate or primary highway with
the purpose of its message being read from the main
traveled way.
(d) The display is not required to be removed because
of an overlay zone, combining zone, or any other special
zoning district whose primary purpose is the removal
or control of signs.
(e) The display is allowed to remain in existence for
the period of time set forth below after the enactment
or
amendment after January 1, 1983, of any ordinance or
regulation necessary to bring the entity requiring
removal
into compliance with Section 5412, and after giving
notice of the removal requirement:
Fair Market Value Minimum on Date of Notice Years of Removal Requirement Allowed Under $1,999 2The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.
$ 2,000-$3,999 3
$ 4,000-$5,999 4
$ 6,000-$7,999 5
$ 8,000-$9,999 6
$10,000 and over 7
Fair Market Value MinimumThe amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.
on Date of Notice Years
of Removal Requirement AllowedUnder $1,999 2
$ 2,000-$3,999 3
$ 4,000-$5,999 4
$ 6,000-$7,999 5
$ 8,000-$9,999 6
$10,000 and over 7
Fair Market Value MinimumThe amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.
on Date of Notice Years
of Removal Requirement AllowedUnder $1,999 3.0
$ 2,000-$3,999 4.5
$ 4,000-$5,999 6.0
$ 6,000-$7,999 7.5
$ 8,000-$9,999 9.0
$10,000 and over 10.5
Chapter 2.5. On-Premises Advertising Displays
5490. (a) This chapter applies only to lawfully erected
on-premises advertising displays.
(b) As used in this chapter, "on-premises advertising
displays" means any structure, housing, sign,
device,
figure, statuary, painting, display, message placard,
or other contrivance, or any part thereof, which has
been
designed, constructed, created, intended, or engineered
to have a useful life of 15 years or more, and intended
or
used to advertise, or to provide data or information
in the nature of advertising, for any of the following
purposes:
(1) To designate, identify, or indicate the name or
business of the owner or occupant of the premises upon
which the advertising display is located.
(2) To advertise the business conducted, services available
or rendered, or the goods produced, sold, or
available for sale, upon the property where the advertising
display has been lawfully erected.
(c) As used in this chapter, "introduced or adopted
prior to March 12, 1983, "means an ordinance or
other
regulation of a city or county which was officially
presented before, formally read and announced by, or
adopted
by the legislative body prior to March 12, 1983.
(d) This chapter does not apply to advertising displays
used exclusively for outdoor advertising pursuant to
the
Outdoor Advertising Act (Chapter 2 (commencing with
Section 5200).
(e) As used in this chapter, illegal advertising displays
do not include legally erected, but nonconforming,
displays for which the applicable amortization period
has not expired.
(f) As used in this chapter, "abandoned advertising
display" means any display remaining in place
or not
maintained for a period of 90 days which no longer advertises
or identifies an ongoing business, product, or
service available on the business premise where the
display is located.
(Repealed and Added by Stats. 1986, Ch. 513; Amended
by Stats. 1987, Ch. 1281.)
5491. Notwithstanding any provision of Chapter 2 (commencing
with Section 5200), except as provided in this
chapter, no on-premises advertising display which is
used for any of the purposes set forth and conforming
to
Section 5490 shall be compelled to be removed or abated,
and its customary maintenance, use, or repair shall
not
be limited, whether or not removal or limitation is
required because of any ordinance or regulation of
any city or
county, without the payment of fair and just compensation.
(Added by Stats. 1983, Ch. 1232.)
5491.1. Any city or county adopting, modifying, or amending
any ordinance or illegal regulation after January 1,
1988, which regulates or prohibits the use of any on-premises
advertising display shall include provisions in that
ordinance, regulation, or amendment for the inventorying
and identification of illegal or abandoned advertising
displays within its jurisdiction.
The inventory and identification shall commence within
six months from the date of adoption of the ordinance
or regulation. Within 60 days after the six-month period,
the city or county, as the case may be, shall commence
abatement of the identified preexisting illegal and
abandoned on-premises advertising displays.
This section does not apply to the adoption or amendment
of an ordinance if that new ordinance or amendment
is limited in its effect to regulating the construction
of new on-premises advertising displays. A new on-premise
advertising display means, for purposes of this section,
a display whose structure or housing has not been affixed
to its intended premises. Construction means, for purposes
of this section, the manufacturing or creation of a
new
on-premises advertising display.
(Added by Stats. 1987, Ch. 1281.)
5491.2. (a) A city or county may impose reasonable fees
upon all owners or lessees of on-premises business
advertising displays for the purpose of covering its
actual cost of inventorying and identifying illegal
or
abandoned advertising displays which are within its
jurisdiction. A city or county may exempt from the
payment
of these fees the owner of a display identifying an
achievement award, the name of a farm, or the name
of a
business for which the farm produces, if the display
is located on an operating farm within an agricultural
preserve
established pursuant to the Williamson Act (Chapter
7 (commencing with Section 51200) of Part 1 of Division
1
of Title 5 of the Government Code), and if the city
or county finds that the exemption will further the
purposes of
the agricultural preserve.
(b) The actual cost to the city or county may be fixed
upon a determination of the total estimated reasonable
cost. The amount of that cost and the fee to be charged
is exclusively within the discretion of the city or
county.
(Added by Stats. 1987, Ch. 1281; Amended by Stats. 1990,
Ch. 215.)
5492. For purposes of compliance with Section 5491,
fair and just compensation is presumed to be paid upon
the
payment of the fair market value of the on-premises
advertising display as of the date written notice is
given to the
owner of the display requiring conformance or removal
thereof.
Fair market value consists of the actual cost of removal
for the display, the actual cost to repair any damage
caused to the real property or improvements thereon
as a result of the removal of the display, and the
actual cost to
duplicate the advertising display required to be removed
as of the date written notice requiring removal for
nonconformance is given to the owner by the governmental
body requiring conformance or removal.
(Added by Stats. 1983, Ch. 1232.)
5493. (a) As an alternative to payment of fair and just
compensation under Section 5492, a city or county may
pay
fair and just compensation to the owner of the on-premises
advertising display by paying the actual replacement
cost to the owner for an on-premises advertising display
which shall conform with the laws in effect that are
applicable to the owner's business premises, and shall
include, as part of the actual replacement cost, the
actual
cost for removal of the nonconforming on-premises advertising
display and the actual cost of the repair to the real
property caused by the removal of the display.
(b) The sum payable as fair and just compensation to
the owner of any on-premises advertising display shall
be
the greater of the two methods provided in subdivision
(a) of this section or Section 5492 as the basis for
fair and
just compensation. In any event, before any on-premises
advertising display is required to be removed, the
fair
and just compensation required by subdivision (a) of
this section or Section 5492 shall be paid.
(Added by Stats. 1983, Ch. 1232.)
5494. The ordinances and regulations of any city or
county, introduced or adopted prior to March 12, 1983,
which
have provided for amortization, and which make nonconforming
any lawfully in place erected on-premises
advertising displays, shall not be subject to Section
5491.
(a) All on-premises advertising displays which become
nonconforming as a result of any such ordinance or
regulation are presumed illegal once the amortization
period provided by the ordinance or regulation rendering
them nonconforming has lapsed and conformance has not
been accomplished.
(b) If property containing on-premises advertising displays
is annexed to a city or county which introduced or
adopted, prior to March 12, 1983, an ordinance regulating
on-premises advertising displays, the city or county
may apply its ordinance or regulation to the annexed
property, and the display shall be deemed illegal upon
expiration of any applicable amortization provided by
such ordinance or regulation. The amortization
period is deemed to commence in such event upon the
date of annexation.
(c) When amortization has not been provided in any applicable
preexisting ordinance, annexed nonconforming
displays ordered to conform to ordinances or regulations
of any city or county shall be subject to the requirements
of Section 5491.
(d) Amendments or modifications to ordinances or regulations
of any city or county adopted prior to March 12,
1983, including amendments which require removal of
additional displays or displays which had previously
been
made conforming, shall be subject to the requirements
of Section 5491 if such amendment or modification makes
the ordinance being amended or modified more restrictive
or prohibitive.
(e) Ordinances or regulations of any city or county
introduced or adopted prior to March 12, 1983, which
have
terminated or will terminate, may be reenacted and are
not subject to Section 5491 if reenacted within 12
months
of their termination, and if upon reenactment they are
not made more restrictive or prohibitive than the preexisting
ordinance or regulation.
(Repealed and Added by Stats. 1986, Ch. 513.)
5495. A city or county whose ordinances or regulations
are introduced or adopted after March 12, 1983, and
any
amendments or modifications to those ordinances and
regulations, are not in violation of Section 5491 if
the entity
elects to require the removal without compensation of
any on-premise advertising display which meets all
of the
following requirements:
(a) The display is located within an area shown as residential
or agricultural on a local general plan as of the
date the display was lawfully erected.
(b) The display is located within an area zoned for
residential or agricultural use on the date the display
was
lawfully erected.
(c) The display is not required to be removed because
of an overlay zone, combining zone, special sign zone,
or
any other special zoning district whose primary purpose
is the removal or control of advertising displays.
(d) The display is allowed to remain in existence after
March 12, 1983, for a period of 15 years from the date
of
adoption of the ordinance or regulation. For purposes
of this section, every sign has a useful life of 15
years. Fair
and just compensation for signs required to be removed
during the 15-year period and before the amortization
period has lapsed shall be entitled to fair and just
compensation which is equal to 1/15 of the duplication
cost of
construction of the display being removed multiplied
by the number of years of useful life remaining for
the sign
as determined by this section.
(Added by Stats. 1983, Ch. 1232.)
5495.5. A city or county with an ordinance or regulation
introduced or adopted prior to March 12, 1983, which
is
applicable to designated areas within the city or county
less than the entire city or county is not in violation
of
Section 5491 for an ordinance or regulation introduced
or adopted on or after March 12, 1983, even though
it
requires removal of on-premises advertising displays
in additional portions of the city or county, if the
city or
county adopts not more than two such ordinances or regulations
on or after March 12, 1983, and if the total effect
of the ordinance, or regulation is to apply to less
than the entire city or county, and such new ordinance
or
regulation provides reasonable amortization for conformance.
"Reasonable amortization," for purposes of
this
section, shall not be less than 15 years from the date
each such ordinance or regulation was adopted. If these
conditions are not met, the city or county is subject
to Section 5491 with respect to all those ordinances
and
regulations.
(Repealed and Added by Stats. 1986, Ch. 513.)
5496. A city or county, whose ordinances or regulations
are otherwise in full compliance with Section 5491
is not in
violation of that section if it elects to deactivate,
without compensation, any flashing or rotating features
of the on-
premises advertising display, unless the flashing or
rotating feature of the display has historical significance.
(Added by Stats. 1983, Ch. 1232.)
5497. A city or county, whose ordinances or regulations
were introduced or adopted after March 12, 1983, or
any
amendments to those ordinances and regulations, is not
in violation of Section 5491 if it elects to require
the
removal, without compensation, of any on-premise advertising
display which meets any of the following criteria:
(a) Any advertising display erected without first complying
with all ordinances and regulations in effect at the
time of its construction and erection or use.
(b) Any advertising display which was lawfully erected
anywhere in this state, but whose use has ceased, or
the
structure upon which the display has been abandoned
by its owner, for a period of not less than 90 days.
Costs
incurred in removing an abandoned display may be charged
to the legal owner.
(c) Any advertising display which has been more than
50 percent destroyed, and the destruction is other
than
facial copy replacement, and the display cannot be repaired
within 30 days of the date of its destruction.
(d) Any advertising display whose owner, outside of
a change of copy, requests permission to remodel and
remodels that advertising display, or expand or enlarge
the building or land use upon which the advertising
display is located, and the display is affected by the
construction, enlargement or remodeling, or the cost
of
construction, enlargement, or remodeling of the advertising
display exceeds 50 percent of the cost of
reconstruction of the building.
(e) Any advertising display whose owner seeks relocation
thereof and relocates the advertising display.
(f) Any advertising display for which there has been
an agreement between the advertising display owner
and
the city or county, for its removal as of any given
date.
(g) Any advertising display which is temporary.
(h) Any advertising display which is or may become a
danger to the public or is unsafe.
(i) Any advertising display which constitutes a traffic
hazard not created by relocation of streets or highways
or
by acts of any city or county.
(j) Ordinances adopted by a city within three years
of its incorporation, which incorporation occurs after
March
12, 1982, shall not be subject to Section 5491 except
as provided by Section 5494.
(k) Notwithstanding subdivision (j), for any city or
county incorporated after January 1, 1989, an ordinance
initially adopted within three years of incorporation,
or any amendment thereto within that three-year period,
may
require removal without compensation, except that no
removal without compensation may be required within
15
years from the effective date of that ordinance or amendment.
(Added by Stats. 1983, Ch. 1232; Amended by Stats. 1988,
Ch. 991.)
5498. (a) Sections 5491 and 5495 do not apply to redevelopment
project areas created pursuant to the Community
Redevelopment Law (Part I (commencing with Section 33000)
of Division 24 of the Health and Safety Code),
planned commercial districts, or to areas listed or
eligible for listing on the National Register of Historical
Places,
or areas registered by the Department of Parks and Recreation
as a state historical landmark or point of historical
interest pursuant to Section 5021 of the Public Resources
Code, or areas created as historic zones or individually
designated properties by a city or county, pursuant
to Article 12 (commencing with Section 50280) of Chapter
1
of Division 1 of Title 5 of the Government Code.
(b) As used in this section, "planned commercial
districts" means areas subject to binding agreements,
including, but not limited to, conditions, covenants,
restrictions, which do all of the following:
(1) Affect on-premise advertising displays.
(2) Are at least as restrictive as any ordinance of
a city or county, which affects on-premise advertising
displays
at the time the agreement was entered into.
(3) Contain a binding financing commitment sufficient
to carry out the agreements.
(Added by Stats. 1983, Ch. 1232.)
5498.1. A city or county may not deny, refuse to issue,
or condition the issuance of a business license or
a permit to
construct a new legal on-premises advertising display
upon the removal, conformance, repair, modification,
or
abatement of any other on-premises advertising display
on the same real property where the business is to
be or
has been maintained if both of the following apply:
(a) The other display is located within the same commercial
complex which is zoned for commercial occupancy
or use, but at a different business location from that
for which the permit or license is sought.
(b) The other display is not owned or controlled by
the permit applicant, and the permit applicant is not
the
agent of the person who owns or controls the other display.
(Added by Stats. 1987, Ch. 1281.)
5498.2. (a) During the amortization period for a nonconforming
legally in place on-premises advertising display's
continued use, a city or county may not deny, refuse
to issue, or condition the issuance of a permit for
modification or alteration to the display upon change
of ownership of any existing business if the modification
or
alteration does not include a structural change in the
display.
(b) Subdivision (a) of this section does not apply to
any ordinance introduced or adopted prior to March
12,
1983, or adopted pursuant to subdivision (j) of Section
5497, if the ordinance contains no specific amortization
schedule, but instead requires conformity upon change
of ownership.
(Added by Stats. 1987, Ch. 1281.)
5499. Regardless of any other provision of this chapter
or other law, no city or county shall require the removal
of
any on-premises advertising display on the basis of
its height or size by requiring conformance with any
ordinance
or regulation introduced or adopted on or after March
12, 1983, if special topographic circumstances would
result
in a material impairment of visibility of the display
or the owner's or user's ability to adequately and
effectively
continue to communicate with the public through the
use of the display. Under these circumstances, the
owner or
user may maintain the advertising display at the business
premises and at a location necessary for continued
public
visibility at the height or size at which the display
was previously erected and, in doing so, the owner
or user is in
conformance.
(Repealed and Added by Stats. 1986, Ch. 513.)
Chapter 2.6. Ordinances Governing On-Premise Advertising Displays
5499.1. For purposes of this chapter only:
(a) "Illegal on-premises advertising display"
means any of the following:
(1) An on-premises advertising display erected without
first complying with all ordinances and regulations
in
effect at the time of its construction and erection
or use.
(2) An on-premises advertising display that was legally
erected, but whose use has ceased, or the structure
upon
which the display is placed has been abandoned by its
owner, not maintained, or not used to identify or advertise
an ongoing business for a period of not less than 90
days.
(3) An on-premises advertising display that was legally
erected which later became nonconforming as a result
of the adoption of an ordinance, the amortization period
for the display provided by the ordinance rendering
the
display nonconforming has expired, and conformance has
not been accomplished.
(4) An on-premises advertising display which is a danger
to the public or is unsafe.
(5) An on-premises advertising display which is a traffic
hazard not created by relocation of streets or highways
or by acts of the city or county.
(b) "On-premises advertising display" means
any structure, housing, sign, device, figure, statuary,
painting,
display message, placard, or other contrivance, or any
part thereof, which is designed, constructed, created,
engineered, intended, or used to advertise, or to provide
date or information in the nature of advertising, for
any of
the following purposes:
(1) To designate, identify, or indicate the name of
the business of the owner of occupant of the premises
upon
which the advertising display is located.
(2) To advertise the business conducted, services available
or rendered, or the goods produced, sold, or
available for sale, upon the property where the advertising
display is erected.
(c) "Enforcement officer" means the public
employee or officer designated by the legislative body
of the city or
county to perform the duties imposed by this chapter
on the enforcement officer.
(Added by Stats. 1987, Ch. 1281.)
5499.2. (a) The legislative body of a city or county
may declare, by resolution, as public nuisances and
abate all
illegal on-premises advertising displays located within
its jurisdiction. The resolution shall describe the
property
upon which or in front of which the nuisance exists
by giving its lot and block number according to the
county or
city assessment map and its street address if known.
Any number of parcels of private property may be included
in
one resolution.
(b) Prior to adoption of the resolution by the legislative
body, the clerk of the legislative body shall send
not less
than a 10 days' written notice to all persons owning
property described in the proposed resolution. The
notice shall
be mailed to each person on whom the described property
is assessed on the last equalized assessment roll
available on the date the notice is prepared. The notice
shall state the date, time, and place of the hearing
and
generally describe the purpose of the hearing and the
nature of the illegality of the display.
(Added by Stats. 1987, Ch. 1281.)
5499.3. After adoption of the resolution, the enforcement
officer shall cause notices to be conspicuously posted
on
or in front of the property on or in front of which
the display exists.
(Added by Stats. 1987, Ch. 1281.)
5499.4. The notice shall be substantially in the following
form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that on the ______ day of _____,
19___, the (name of the legislative body) of (city
or
county) adopted a resolution declaring that an illegal
advertising display is located upon or in front of
this
property which constitutes a public nuisance and must
be abated by the removal of the illegal display. Otherwise,
it will be removed, and the nuisance abated by the city
(or county). The cost of removal will be assessed upon
the
property from or in front of which the display is removed
and will constitute a lien upon the property until
paid.
Reference is hereby made to the resolution for further
particulars. A copy of this resolution is on file in
the office
of the city (or county) clerk.
All property owners having any objection to the proposed
removal of the display are hereby notified to attend
a
meeting of the (name of the legislative body) of (city
or county) to be held (give date, time, and place),
when their
objections will be heard and given due consideration.
Dated this _____ day of _________________, 19___
_________________________________________________
(Title)
(City or County of ____________________________)
(Added by Stats. 1987, Ch. 1281.)
5499.5. The notices shall be posted at least for notice
10 days prior to the time for hearing objections by
the
legislative body of the city or county.
(Added by Stats. 1987, Ch. 1281.)
5499.6. In addition to posting notice of the resolution
and notice of the meeting when objections will be heard,
the
legislative body of the city or county shall direct
its clerk to mail written notice of the proposed abatement
to all
persons owning property described in the resolution.
The clerk shall cause the written notice to be mailed
to each
person on whom the described property is assessed in
the last equalized assessment roll available on the
date the
resolution was adopted by the legislative body.
In cities where the county assessor performs the functions
of the city assessor, the county assessor, at the
request of the city clerk, shall, within 10 days thereafter,
mail to the city clerk a list of the names and addresses
of
all of the persons owning property described in the
resolution. The address of the owners shown on the
assessment
roll is conclusively deemed to be the proper address
for the purpose of mailing the notice. The city shall
reimburse
the county for the actual cost of furnishing the list,
and the cost shall be a part of the costs of abatement.
The notices mailed by the clerk shall be mailed at least
10 days prior to the time for hearing objections by
the
legislative body.
The notices mailed by the clerk shall be substantially
in the form provided by Section 5499.4.
(Added by Stats. 1987, Ch. 1281.)
5499.7. At the time stated in the notices, the legislative
body of the city or county shall hear removal of display
and
consider all objections to the proposed removal of the
on-premises advertising display. It may continue the
hearing from time to time. By motion or resolution at
the conclusion of the hearing, the legislative body
shall
allow or overrule any objections. At that time, the
legislative body acquires jurisdiction to proceed and
perform
the work of removal.
The decision of the legislative body is final. If objections
have not been made or after the legislative body has
disposed of those made, it shall order the enforcement
officer to abate the nuisance by having the display
removed. The order shall be made by motion or resolution.
(Added by Stats. 1987, Ch. 1281.)
5499.8. The enforcement officer may enter private property
to abate the nuisance.
(Added by Stats. 1987, Ch. 1281.)
5499.9. Before the enforcement officer arrives, any
property owner may remove the illegal on-premises advertising
display at the owner's own expense.
Nevertheless, in any case in which an order to abate
is issued, the legislative body of the city or county,
by
motion or resolution, may further order that a special
assessment and lien shall be limited to the costs incurred
by
the city or county, as the case may be, in enforcing
abatement upon the property, including investigation,
boundary determination, measurement, clerical, and other
related costs.
(Added by Stats. 1987, Ch. 1281.)
5499.10. (a) The enforcement officer shall keep an account
of the cost of abatement of an illegal on-premises
advertising display in front of or on each separate
parcel of property where the work is done by him or
her. He or
she shall submit to the legislative body of the city
or county for confirmation an itemized written report
showing
that cost.
(b) A copy of the report shall be posted for at least
three days, prior to its submission to the legislative
body, on
or near the chamber door of the legislative body, with
notice of the time of submission.
(c) At the time fixed for receiving and considering
the report, the legislative body shall hear it with
any
objections of the property owners liable to be assessed
for the abatement. It may modify the report if it is
deemed
necessary. The legislative body shall then confirm the
report by motion or resolution.
(Added by Stats. 1987, Ch. 1281.)
5499.11. Abatement of the nuisance may, in the discretion
of the legislative body of the city or county, be performed
by contract awarded by the legislative body on the basis
of competitive bids let to the lowest responsible bidder.
In that event, the contractor shall keep the account
and submit the itemized written report for each separate
parcel
of property required by Section 5499.10.
(Added by Stats. 1987, Ch. 1281.)
5499.12. (a) The cost of abatement in front of or upon
each parcel of property, and the cost incurred by the
city or
county, as the case may be, in enforcing abatement upon
the parcels, including investigation, boundary
determination, measurement, clerical, and other related
costs, are a special assessment against that parcel.
After
the assessment is made and confirmed, a lien attaches
on the parcel upon recordation of the order confirming
the
assessment in the office of the county recorder of the
county in which the property is situated. However,
if any
real property to which the lien would attach has been
transferred or conveyed to a bona fide purchaser for
value,
or if a lien of a bona fide encumbrancer for value has
been created and attaches thereon, prior to the date
on which
the first installment of the assessment would become
delinquent, the lien which would otherwise be imposed
by
this section shall not attach to the real property and
the costs of abatement and the costs of enforcing abatement,
as
confirmed, relating to the property shall be transferred
to the unsecured roll for collection.
(b) After confirmation of the report, a copy shall be
given to the city or county assessor and the tax collector,
who shall add the amount of the assessment to the next
regular tax bill levied against the parcel for municipal
purposes.
(c) If the county assessor and the tax collector assess
property and collect taxes for the city, the city shall
file a
certified copy of the report with the county auditor
on or before August 10. The description of the parcels
reported
shall be those used for the same parcels on the county
assessor's map books for the current year.
(d) The county auditor shall enter each assessment on
the county tax roll opposite the parcel of land.
(e) The amount of the assessment shall be collected
at the time and in the manner of ordinary municipal
taxes. If
delinquent, the amount is subject to the same penalties
and procedures of foreclosure and sale provided for
ordinary municipal taxes.
The legislative body may determine that, in lieu of
collecting the entire assessment at the time and in
the
manner of ordinary municipal taxes, assessments of fifty
dollars ($50) or more may be made in annual
installments, not to exceed five, and collected one
installment at a time at the time and in the manner
of ordinary
municipal taxes in successive years. If any installment
is delinquent, the amount thereof is subject to the
same
penalties and procedure for foreclosure and sale provided
for ordinary municipal taxes. The payment of
assessments so deferred shall bear interest on the unpaid
balance at a rate to be determined by the legislative
body,
but not to exceed 6 percent per annum.
(f) As an alternative method, the county tax collector,
at his or her discretion, may collect the assessments
without reference to the general taxes by issuing separate
bills and receipts for the assessments.
(g) Laws relating to the levy, collection, and enforcement
of county taxes apply to these special assessments.
(h) The lien of the assessment has the priority of the
taxes with which it is collected.
(Added by Stats. 1987, Ch. 1281.)
5499.13. The enforcement officer may receive the amount
due on the abatement cost and issue receipts at any
time
after the confirmation of the report and until 10 days
before a copy is given to the assessor and tax collector
or,
where a certified copy is filed with the county auditor,
until August 1 following the confirmation of the report.
(Added by Stats. 1987, Ch. 1281.)
5499.14. The legislative body of the city or county
may order a refund of all or part of an assessment
pursuant to this
chapter if it finds that all or part of the assessment
has been erroneously levied. An assessment, or part
thereof,
shall not be refunded unless a claim is filed with the
clerk of the legislative body on or before November
1 after
the assessment became due and payable. The claim shall
be verified by the person who paid the assessment or
by
the person's guardian, conservator, executor, or administrator.
(Added by Stats. 1987, Ch. 1281.)
5499.15. If the legislative body finds that property
damage was caused by the negligence of a city or county
officer
or employee in connection with the abatement of a nuisance
pursuant to this chapter, a claim for those damages
may be paid from the city or county general fund.
(Added by Stats. 1987, Ch. 1281.)
5499.16. The proceedings provided by this chapter are
an alternative to any procedure established by ordinance
pursuant to any other provision of law.
(Added by Stats. 1987, Ch. 1281.)