"Mobile billboard advertising display"
means an advertising display that is attached to a wheeled, mobile, nonmotorized vehicle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising in accordance with Section 395.5 of the California Vehicle Code and sections amendatory or supplementary thereto.
(Ord. 11-7 § 1, 4/12/2011)
Pursuant to Section 22651(v) of the California Vehicle Code and sections amendatory or supplementary thereto, any peace officer, or any regularly employed and salaried employee of the City, who is engaged in directing traffic or enforcing parking laws and regulations in which the mobile billboard advertising display is located may remove the mobile billboard advertising display located within the territorial limits of the City when the mobile billboard advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:
A. 
When a vehicle is a mobile billboard advertising display and is parked or left standing in violation of this code, if the registered owner of the vehicle was previously issued a warning citation for the same offense;
B. 
A warning citation was issued to a first-time offender at least twenty-four (24) hours prior to the removal of the vehicle. The City is not required pursuant to Section 22651(v)(2) of the California Vehicle Code and sections amendatory or supplementary thereto to provide further notice for a subsequent violation prior to enforcement; and
C. 
The warning citation advised the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of this chapter that may include the removal of the vehicle.
(Ord. 11-7 § 1, 4/12/2011)
Section 22852 of the California Vehicle Code applies to this chapter with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized member of a public agency 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 forty-eight (48) hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within ten (10) days of the date appearing on the notice. 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.
(Ord. 11-7 § 1, 4/12/2011)
After the initial warning citation, a subsequent offense of this chapter is a misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000), or by imprisonment in the County jail for not more than six (6) months, or by both fine and imprisonment. The City Council may establish from time to time by resolution an increase in the amount of the fine.
(Ord. 11-7 § 1, 4/12/2011)