Bill Text: CA AB1373 | 2015-2016 | Regular Session | Chaptered
Bill Title: Outdoor advertising: City of Los Angeles.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 853, Statutes of 2016. [AB1373 Detail]
Download: California-2015-AB1373-Chaptered.html
BILL NUMBER: AB 1373 CHAPTERED
BILL TEXT
CHAPTER 853
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY MAY 14, 2015
INTRODUCED BY Assembly Member Santiago
(Coauthor: Assembly Member Jones-Sawyer)
FEBRUARY 27, 2015
An act to add Section 5272.2 to the Business and Professions Code,
relating to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
AB 1373, Santiago. Outdoor advertising: City of Los Angeles.
The Outdoor Advertising Act provides for the regulation by the
Department of Transportation of advertising displays, as defined,
within view of public highways. The act exempts from certain of its
provisions advertising displays that advertise the business conducted
or services rendered or goods produced or sold on the property upon
which the display is placed, as specified.
This bill would exempt from those provisions of the act
advertising displays located in specific geographic areas in the City
of Los Angeles if those displays meet specified conditions and
requirements, including the adoption of, and compliance with, an
ordinance by the City of Los Angeles. The bill would impose certain
conditions if an advertising display authorized by this bill is a
message center display. The bill would require the department, before
the advertising display may be placed, to determine or to request
the Federal Highway Administration to determine that the display will
not cause a reduction in federal aid funds or otherwise be
inconsistent with any federal law, regulation, or agreement between
the state and a federal agency or department.
The bill would make the City of Los Angeles primarily responsible
for ensuring that a display remains in compliance with the ordinance
and the bill's requirements, and would require the city to indemnify
and hold the department harmless if the city fails to do so.
This bill would also make findings and declarations as to the need
for a special statute relating to the City of Los Angeles.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5272.2 is added to the Business and Professions
Code, to read:
5272.2. (a) With the exception of Article 4 (commencing with
Section 5300) and Sections 5400 to 5404, inclusive, this chapter does
not apply to any advertising display located in the geographic area
in the City of Los Angeles bounded by Wilshire Boulevard on the
northeast, S. Figueroa Street on the southeast, Interstate 10 on the
southwest, and State Route 110 on the northwest, or to any
advertising display located in the geographic area in the City of Los
Angeles on the westerly side of State Route 110 bounded by West 8th
Place, James M. Wood Boulevard, and Golden Avenue, if all of the
following conditions are met:
(1) The advertising display is authorized by, or in accordance
with, an ordinance, including, but not limited to, a specific plan or
sign district, adopted by the City of Los Angeles that regulates
advertising displays by identifying the specific displays or
establishing regulations that include, at a minimum, all of the
following:
(A) Number of signs and total signage area allowed.
(B) Maximum individual signage area.
(C) Minimum sign separation.
(D) Illumination restrictions and regulations, including signage
refresh rate, scrolling, and brightness.
(E) Illuminated sign hours of operation.
(2) The owner of the advertising display has submitted to the
department a copy of the ordinance adopted by the City of Los Angeles
authorizing the advertising display and identification of the
provisions of the ordinance required under paragraph (1) and the
department has certified that the ordinance meets the minimum
requirements contained in paragraph (1).
(3) The advertising display will not advertise products, goods, or
services related to tobacco, firearms, or sexually explicit
material.
(4) (A) Except as otherwise provided in subparagraph (B), there
shall be at least 500 feet between any two advertising displays
located on the same side of the freeway unless the advertising
displays are separated by buildings or other obstructions in a manner
that only one of the advertising displays is visible from any given
location on the freeway. For purposes of determining compliance with
the spacing requirement, the distance between advertising displays
shall be measured along the nearest edge of pavement between points
directly opposite the advertising displays along each side of the
freeway.
(B) The spacing requirement in subparagraph (A) does not apply to
an advertising display that advertises only the business conducted,
services rendered, or goods produced and sold upon the property upon
which the advertising display is located and that, accordingly, is
not subject to the requirements of this chapter.
(C) When counting the number of advertising displays and measuring
the distance between them for purposes of subparagraph (A), the
advertising displays described in subparagraph (B) shall be excluded
from the count, and no measurements shall be made relative to the
excluded advertising displays for purposes of subparagraph (A).
(5) This chapter does not limit the City of Los Angeles from
adopting ordinances prohibiting or further restricting the size,
number, or type of advertising displays permitted by this section.
(6) If the advertising display is a message center, the owner of
the display shall do one of the following:
(A) Make the message center display available on a space-available
basis for use by the department or the Department of the California
Highway Patrol for public service messages, including Emergency Alert
System (Amber Alert) messages disseminated pursuant to Section 8594
of the Government Code, and messages containing, among other things,
reports of commute times, drunk driving awareness messages, reports
of accidents of a serious nature, and emergency disaster
communications.
(B) Make a message center display not subject to this section that
is under the control of the owner of the advertising display
available on a space-available basis for public service messages in a
location acceptable to the department and the Department of the
California Highway Patrol.
(C) Provide funding to the department for the installation of a
message center display to accommodate those public service messages,
which may include funding as part of mitigation in connection with
the approval of development of the property on which the message
center display is located by the City of Los Angeles.
(b) (1) Before the advertising display authorized pursuant to
subdivision (a) may be placed, the department shall determine that
the display will not cause a reduction in federal aid funds or
otherwise be inconsistent with any federal law, regulation, or
agreement between the state and a federal agency or department.
(2) If the department is unable to make the determination required
pursuant to paragraph (1), the department shall request the Federal
Highway Administration (FHWA) of the United States Department of
Transportation to make the determination. Upon receipt of a
determination by the FHWA that makes the finding described in
paragraph (1), the advertising display may be placed.
(c) The City of Los Angeles shall have primary responsibility for
ensuring that a display authorized pursuant to subdivision (a)
remains in conformance with all provisions of the ordinance and of
this section. If the City of Los Angeles fails to ensure that the
display remains in conformance with all provisions of the ordinance
and of this section after 30 days of receipt of a written notice from
the department, the City of Los Angeles shall hold the department
harmless and indemnify the department for all costs incurred by the
department to ensure compliance with the ordinance and this section
or to defend actions challenging the adoption of the ordinance
allowing the displays.
SEC. 2. Due to unique circumstances concerning the locations of
the advertising displays, or proposed advertising displays, set forth
in this act and the need for advertising in those locations, it is
necessary that an exemption from some of the provisions of the
Outdoor Advertising Act be provided for those displays, and the
Legislature finds and declares that a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution.
