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)
A. 
No person shall park any mobile billboard advertising display as defined in Section 10.26.030, either standing alone or attached to a motor vehicle, upon any public street, alley or any publicly owned property in the city.
B. 
Removal of Mobile Billboard Advertising Displays Authorized.
1. 
Pursuant to California Vehicle Code Section 22651, subsections (v) and (w), a peace officer, or any regularly employed and salaried employee of the city, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations, may remove, or cause to be removed, the mobile billboard advertising display, or anything that the mobile billboard advertising display is attached to, including a motor vehicle, located within the territorial limits of the city when the mobile billboard advertising display is found upon any public street, alley, or any publicly owned property, if all of the following requirements are satisfied:
a. 
When a mobile billboard advertising display, either standing alone or attached to a motor vehicle, is parked or left standing in violation of this code, if the registered owner of the vehicle or mobile billboard advertising display was previously issued a warning notice or citation for the same offense;
b. 
A warning notice or citation was issued to a first-time offender at least 24 hours prior to the removal of the mobile billboard advertising display either standing alone or attached to a motor vehicle. Pursuant to Vehicle Code Sections 22651(v)(2) and (w)(2), the city is not required to provide further notice for a subsequent violation prior to enforcement; and
c. 
The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include removal of the vehicle or display.
(Ord. 5887 § 5, 2016)
A. 
Advertising signs on motor vehicles shall be permanently affixed to the body of, an integral part of, or a fixture of a motor vehicle for permanent decoration, identification, or display and must not extend beyond the overall length, width, or height of the vehicle.
B. 
A license plate frame containing paper advertisements issued by a dealer or any advertisements on that license plate frame shall comply with Vehicle Code Section 5201.
C. 
A motor vehicle in violation of this section may be impounded pursuant to Vehicle Code Section 22651(w), subparagraphs (1) and (2).
(Ord. 5887 § 6, 2016)
A. 
Vehicle Code Section 22852 applies with respect to the removal of any mobile billboard advertising display whether standing alone or attached to a motor vehicle and to the removal of any motor vehicle under Vehicle Code Section 22651(w).
B. 
Whenever an authorized employee of the city directs the storage of a vehicle, the city shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided for under Vehicle Code Section 22852.
C. 
The owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice or the hearing is waived. The city may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.
D. 
Following the hearing, if the hearing officer finds that the mobile billboard advertising display or vehicle was improperly removed and stored, it shall be released to the owner and the city shall bear the cost of removal and storage. Otherwise, the mobile billboard advertising display or vehicle shall be returned to the owner only after payment of any and all fines or fees, including, but not limited to: any penalties under this code, any outstanding amounts owed to the city for previous violations involving the same mobile billboard advertising display or vehicle and the costs of removal and storage incurred by the city up to the time of release. The hearing officer shall determine the total amount to be paid prior to release of the mobile billboard advertising display or vehicle, consistent with this subsection.
(Ord. 5887 § 7, 2016)