Bill Text: CA AB1373 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1373	AMENDED
	BILL TEXT

	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  , and declaring the urgency
thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1373, as amended, 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 a specific geographic area 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 the advertising display authorized by this bill is a
message center display. The bill would require that, if an
advertising display is subject to a notice from the United States
Department of Transportation, Federal Highway Administration, or
other applicable federal agency to the state that the operation of
that display will result in the reduction of federal funds, as
provided, authorization of the display would cease 60 days after the
state notifies the display owner of the receipt of the federal
notice, and would require the display owner to remove all advertising
copy within that time or be subject to specified civil fines.
   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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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, 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) 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.
   (5) 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) If an advertising display authorized pursuant to subdivision
(a) is subject to a notice from the United States Department of
Transportation, the Federal Highway Administration, or any other
applicable federal agency to the state that the operation of that
display will result in the reduction of federal aid highway funds
provided in Section 131 of Title 23 of the United States Code,
authorization of the display under subdivision (a) shall cease and
the display owner shall remove all advertising copy from the display
within 60 days after the state notifies the display owner of the
receipt of the federal notice. Failure to remove the advertising copy
pursuant to this subdivision shall result in a civil fine, imposed
by the California Department of Transportation, of ten thousand
dollars ($10,000) per day until the advertising copy is removed. The
department shall not assume any liability in connection with
cessation of operation or removal of an advertising display or
advertising copy pursuant to this subdivision.
   (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 location of the
advertising displays, or proposed advertising displays, set forth in
this act and the need for advertising in that location, 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.
  SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   Given the rapidity with which this area of Los Angeles is being
developed, it is necessary that this act take effect immediately.