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.
begin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5272.2 is added to the Business and
2Professions Code, to read:
(a) With the exception of Article 4 (commencing with
4Section 5300) and Sections 5400 to 5404, inclusive, this chapter
5does not apply to any advertising display located in the geographic
6area in the City of Los Angeles bounded by Wilshire Boulevard
7on the northeast, S. Figueroa Street on the southeast, Interstate 10
8on the southwest, and State Route 110 on the northwest, if all of
9the following conditions are met:
10(1) The advertising display is authorized by, or in accordance
11with, an ordinance, including, but not limited to, a specific plan
12or sign district, adopted by the City of Los Angeles that regulates
13advertising displays by identifying the specific displays or
14establishing
regulations that include, at a minimum, all of the
15following:
16(A) Number of signs and total signage area allowed.
17(B) Maximum individual signage area.
18(C) Minimum sign separation.
19(D) Illumination restrictions and regulations, including signage
20refresh rate, scrolling, and brightness.
21(E) Illuminated sign hours of operation.
P3 1(2) The owner of the advertising display has submitted to the
2department a copy of the ordinance adopted by the City of Los
3Angeles authorizing the advertising display and identification of
4the provisions of the
ordinance required under paragraph (1) and
5the department has certified that the ordinance meets the minimum
6requirements contained in paragraph (1).
7(3) The advertising display will not advertise products, goods,
8or services related to tobacco, firearms, or sexually explicit
9material.
10(4) This chapter does not limit the City of Los Angeles from
11adopting ordinances prohibiting or further restricting the size,
12number, or type of advertising displays permitted by this section.
13(5) If the advertising display is a message center, the owner of
14the display shall do one of the following:
15(A) Make the message center display available on a
16space-available basis for use
by the department or the Department
17of the California Highway Patrol for public service messages,
18including Emergency Alert System (Amber Alert) messages
19disseminated pursuant to Section 8594 of the Government Code,
20and messages containing, among other things, reports of commute
21times, drunk driving awareness messages, reports of accidents of
22a serious nature, and emergency disaster communications.
23(B) Make a message center display not subject to this section
24that is under the control of the owner of the advertising display
25available on a space-available basis for public service messages
26in a location acceptable to the department and the Department of
27the California Highway Patrol.
28(C) Provide funding to the department for the installation of a
29message center display to
accommodate those public service
30messages, which may include funding as part of mitigation in
31connection with the approval of development of the property on
32which the message center display is located by the City of Los
33Angeles.
34(b) If an advertising display authorized pursuant to subdivision
35
(a) is subject to a notice from the United States Department of
36Transportation, the Federal Highway Administration, or any other
37applicable federal agency to the state that the operation of that
38display will result in the reduction of federal aid highway funds
39provided in Section 131 of Title 23 of the United States Code,
40authorization of the display under subdivision (a) shall cease and
P4 1the display owner shall remove all advertising copy from the
2display within 60 days after the state notifies the display owner of
3the receipt of the federal notice. Failure to remove the advertising
4copy pursuant to this subdivision shall result in a civil fine, imposed
5by the California Department of Transportation, of ten thousand
6dollars ($10,000) per day until the advertising copy is removed.
7The department shall not assume any liability in connection with
8cessation of operation or removal of an
advertising display or
9advertising copy pursuant to this subdivision.
10(c) The City of Los Angeles shall have primary responsibility
11for ensuring that a display authorized pursuant to subdivision (a)
12remains in conformance with all provisions of the ordinance and
13of this section. If the City of Los Angeles fails to ensure that the
14display remains in conformance with all provisions of the ordinance
15and of this section after 30 days of receipt of a written notice from
16the department, the City of Los Angeles shall hold the department
17harmless and indemnify the department for all costs incurred by
18the department to ensure compliance with the ordinance and this
19section or to defend actions challenging the adoption of the
20ordinance allowing the displays.
Due to unique circumstances concerning the location
22of the advertising displays, or proposed advertising displays, set
23forth in this act and the need for advertising in that location, it is
24necessary that an exemption from some of the provisions of the
25Outdoor Advertising Act be provided for those displays, and the
26Legislature finds and declares that a general statute cannot be made
27applicable within the meaning of Section 16 of Article IV of the
28California Constitution.
This act is an urgency statute necessary for the
30immediate preservation of the public peace, health, or safety within
31the meaning of Article IV of the Constitution and shall go into
32immediate effect. The facts constituting the necessity are:
33Given the rapidity with which this area of Los Angeles is being
34developed, it is necessary that this act take effect immediately.
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