The purpose of this chapter is to eliminate mobile billboard
advertising displays within the city in order to promote the safe
movement of vehicular traffic, to reduce visual pollution, and to
improve the aesthetic appearance of the city.
(Ord. 5887 § 2, 2016)
The council of the city finds, determines, and declares that:
A. The
city has experienced an increase in mobile billboard advertising displays
that are attached to vehicles or trailers that are then driven to
a location where they are detached and parked on city streets for
hours or even days.
B. Mobile
billboard advertising displays are not only a visual blight, but also
pose significant safety hazards when motorists are forced to veer
around them into the next lane of traffic, or forced to come to sudden
stops when these unhitched trailers are pushed into traffic lanes
by wind or vandals.
C. Mobile
billboard advertising displays, standing alone in the street or attached
to motor vehicles, reduce available on-street parking and impair the
visibility of pedestrians and drivers.
D. Mobile
billboard advertising displays are a public nuisance, and they are
routinely vandalized, diminishing the aesthetic appearance of the
city and the quality of life of its residents.
E. Temporary
advertising signs affixed to motor vehicles pose a significant public
safety risk, particularly when the vehicle is involved in a collision
or is parked or driven during high wind conditions.
F. Advertising
signs improperly attached to a motor vehicle or placed entirely over
the windows of a motor vehicle or that exceed the length, width or
height of the vehicle pose a safety risk to vehicular traffic and
to pedestrians.
G. The
California Legislature has amended
Vehicle Code Section 21100(m) to
allow local authorities to adopt rules and regulations by ordinance
or resolution regulating mobile billboard advertising displays as
defined in
Vehicle Code Section 395.5, including the establishment
of penalties, which may include, but are not limited to, removal of
the mobile advertising display pursuant to
Vehicle Code Section 22651(v)(2),
civil penalties, and misdemeanor criminal penalties, for a violation
of the ordinance or resolution.
H. The
California Legislature has amended
Vehicle Code Section 395.5 to provide
that a mobile billboard advertising display means "an advertising
display that is attached to a mobile, nonmotorized vehicle, device,
or bicycle, that carries, pulls, or transports a sign or billboard,
and is for the primary purpose of advertising."
I. The
California Legislature has also amended
Vehicle Code Section 21100(p)(1)
to allow local authorities to regulate advertising signs on motor
vehicles parked or left standing upon a public street, including establishing,
through a local ordinance or resolution, a minimum distance that the
advertising sign shall be moved after a specified time period.
J. The California Legislature has amended
Vehicle Code Section 21100(p)(2) to provide that subsection
(p)(1) does not apply to advertising signs that are permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
K. The
California Legislature in amending
Vehicle Code Section 21100(p)(2)
has defined "permanently affixed" to mean any of the following: (1)
painted directly on the body of a motor vehicle; (2) applied as a
decal on the body of a motor vehicle; (3) placed in a location on
the body of a motor vehicle that was specifically designed by a vehicle
manufacturer as defined in
Vehicle Code Section 672 and licensed pursuant
to
Vehicle Code Section 11701, in compliance with both state and federal
law or guidelines, for the express purpose of containing an advertising
sign.
L. The
California Legislature has further amended
Vehicle Code Section 21100(p)(2)
to permit paper advertisements issued by a dealer contained within
a license plate frame or any advertisements on that license plate
frame provided the license plate frame is installed in compliance
with
Vehicle Code Section 5201.
M. The California Legislature in amending
Vehicle Code Section 21100(p)(2) did not include an exception to subsection
(p)(1) that would exclude cities or counties from regulating mobile billboard displays, either by resolution or ordinance, including prohibiting the standing or parking of a mobile billboard display under
Vehicle Code Section 22651(v)(2), either standing alone or attached to a motor vehicle, on any public street or public property in the city.
N. Other
cities have experienced that mobile billboard advertising displays,
standing alone or attached to motor vehicles, often lack the safety
equipment required under
Vehicle Code Sections 24250, 24600, 24603,
24604, 24607, 24950 and 29000, et seq., in order to be safely hitched,
driven, moved, parked or left standing on the public streets in the
city, therefore, posing a safety hazard for vehicular traffic.
O. The California Legislature has amended
Vehicle Code Section 22651(v)(1) to permit a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the
Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, to remove a vehicle located within the territorial limits when a vehicle is a mobile billboard advertising display, as defined in
Vehicle Code Section 395.5, and is parked or left standing in violation of a local resolution or ordinance adopted under
Vehicle Code Section 21100(m), if the registered owner of the vehicle was previously issued a warning citation for the same offense.
P. The
California Legislature has amended
Vehicle Code Section 22651(v)(2)
to provide that, notwithstanding
Vehicle Code Section 22507, a city
or county, in lieu of posting signs noticing a local ordinance prohibiting
mobile billboard advertising displays adopted pursuant to Vehicle
Code Section 21100(m), may provide notice by issuing a warning citation
advising the registered owner of the vehicle that he or she may be
subject to penalties upon a subsequent violation of the ordinance,
that may include the removal of the vehicle as provided in Vehicle
Code Section 22651(v)(1).
Q. The
California Legislature has amended
Vehicle Code Section 22651(v)(2)
to state that a city or county is not required to provide further
notice for a subsequent violation prior to the enforcement of penalties
for a violation of the ordinance.
R. The
California Legislature has amended
Vehicle Code Section 22651(w)(1)
to allow local authorities to impound motor vehicles parked or left
standing in violation of a local ordinance or resolution adopted pursuant
to
Vehicle Code Section 21100(p) if the registered owner of the vehicle
was previously issued a warning citation for the same offense.
S. The
California Legislature has amended
Vehicle Code Section 22651(w)(2),
notwithstanding
Vehicle Code Section 22507(a), to allow a city or
county, in lieu of posting signs noticing a local ordinance regulating
advertising signs adopted pursuant to
Vehicle Code Section 21100(p),
to provide notice by issuing a warning citation advising the registered
owner of the vehicle that he or she may be subject to penalties upon
a subsequent violation of the ordinance that may include removal of
the vehicle as provided in
Vehicle Code Section 22651(w)(1).
T. The
California Legislature has amended
Vehicle Code Section 22651(w)(2)
to state that a city or county is not required to provide further
notice for a subsequent violation prior to the enforcement of penalties
for a violation of the ordinance.
U. The
project has been determined to be exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the State CEQA Guidelines pertaining to the general
rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen
with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is
not subject to CEQA.
(Ord. 5887 § 3, 2016)
For the purpose of this chapter, the following words and phrases
shall have the meaning ascribed to them unless otherwise noted:
"Mobile billboard advertising display"
means an advertising display that is attached to a vehicle
or any other mobile, non-motorized vehicle, device, or bicycle, that
carries, pulls, or transports a sign or billboard, and is for the
primary purpose of advertising.
"Permanently affixed"
means the following: (1) painted directly on the body of
a motor vehicle; (2) applied as a decal on the body of a motor vehicle;
(3) placed in a location on the body of a motor vehicle that was specifically
designed by a vehicle manufacturer as defined in
Vehicle Code Section
672 and licensed pursuant to
Vehicle Code Section 11701, in compliance
with both state and federal law or guidelines, for the express purpose
of containing an advertising sign.
(Ord. 5887 § 4, 2016)