Bill Text: CA AB2566 | 2011-2012 | Regular Session | Amended
Bill Title: Outdoor advertising: exemptions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-07 - Referred to Com. on T. & H. [AB2566 Detail]
Download: California-2011-AB2566-Amended.html
BILL NUMBER: AB 2566 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY APRIL 12, 2012
AMENDED IN ASSEMBLY MARCH 19, 2012
INTRODUCED BY Assembly Member Hill
FEBRUARY 24, 2012
An act to amend Section 5485 of, and to add
Section 5272.5 to , the Business and Professions
Code, relating to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
AB 2566, as amended, Hill. Outdoor advertising: exemptions.
Existing law, the Outdoor Advertising Act, regulates the placement
of outdoor advertising displays along highways. Certain exemptions
from the regulations of the act are provided, including exemptions
for certain on-premises advertising displays that advertise the
business conducted, services rendered, or goods produced or sold on
the property where the displays are located.
This bill would provide an exemption from the regulations of the
Outdoor Advertising Act for an advertising display located at Post
Mile 31.51, 510 feet south of Magellan Road, on State Route 1, in the
County of San Mateo, if certain conditions, including
certain specified conditions relating to the size of the
display, are satisfied.
Existing law requires the Department of Transportation to assess
penalties for a violation of the Outdoor Advertising Act, as
specified.
This bill would permit the department or the adjudicating
authority to reduce the penalty upon a showing of good cause.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Mateo.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5272.5 is added to the Business and Professions
Code, to read:
5272.5. None of the provisions of this chapter apply to an
advertising display located at Post Mile 31.51, 510 feet south of
Magellan Road, on State Route 1, in the County of San Mateo, if all
of the following conditions are met:
(a) Written evidence is provided to the department indicating that
both the owner or person in control or possession of the property
upon which the advertising display is to be located and the city or
county with land use jurisdiction over that property have consented
to the placing of the display.
(b) Placement of the display will not necessitate trimming,
pruning, topping, or removal of existing trees in order to make the
display visible or to improve its visibility, unless done as part of
the normal landscape maintenance activities that would be undertaken
without regard to the placement of the display.
(c) The display does not advertise products or services that are
directed at an adult population, including, but not limited to,
alcohol, tobacco, gambling, or sexually explicit material.
(d) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code. If the display causes a reduction in federal aid highway funds,
the department shall revoke the permit granted under this section.
(e) The display is not flashing, as defined in Section 5211, is
not a message center, as defined in Section 5216.4, and is not bigger
than 72 inches in length and 168 inches in height.
(f) The display contains the words "beach access."
SEC. 2. Section 5485 of the Business and
Professions Code is amended to read:
5485. (a) (1) The annual permit fee for each advertising display
shall be set by the director.
(2) The fee shall not exceed the amount reasonably necessary to
recover the cost of providing the service or enforcing the
regulations for which the fee is charged, but in no event shall the
fee exceed one hundred dollars ($100). This maximum fee shall be
increased in the 2007-08 fiscal year and in the 2012-13 fiscal year
by an amount equal to the increase in the California Consumer Price
Index.
(3) The fee may reflect the department's average cost, including
the indirect costs, of providing the service or enforcing the
regulations.
(b) If a display is placed or maintained without a valid,
unrevoked, and unexpired permit, the following penalties shall be
assessed:
(1) If the advertising display is placed or maintained in a
location that conforms to the provisions of this chapter, a penalty
of one hundred dollars ($100) shall be assessed.
(2) If the advertising display is placed or maintained in a
location that does not conform to the provisions of this chapter or
local ordinances, and is not removed within thirty days of written
notice from the department or the city or the county with land use
jurisdiction over the property upon which the advertising display is
located, a penalty of ten thousand dollars ($10,000) plus one hundred
dollars ($100) for each day the advertising display is placed or
maintained after the department sends written notice shall be
assessed.
(3) Notwithstanding paragraph (2), a penalty assessed under this
subdivision may be reduced by the department upon a showing of good
cause presented to the department within 30 days of the decision
imposing the penalty, or by the authority before which the matter is
adjudicated.
(c) In addition to the penalties set forth in subdivision (b), the
gross revenues from the unauthorized advertising display that are
received by, or owed to, the applicant and a person working in
concert with the applicant shall be disgorged.
(d) The department or a city or a county within the location upon
which the advertising is located may enforce the provisions of this
section.
(e) Notwithstanding any other provision of law, if an action
results in the successful enforcement of this section, the department
may request the court to award the department its enforcement costs,
including, but not limited to, its reasonable attorneys' fees for
pursuing the action.
(f) It is the intent of the Legislature in enacting this section
to strengthen the ability of local governments to enforce zoning
ordinances governing advertising displays.
SEC. 3. SEC. 2. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the unique
circumstances concerning the location of the advertising that is the
subject of this act and the need for advertising in the County of San
Mateo, it is necessary that an exemption from the Outdoor
Advertising Act be provided for that advertising.
