Bill Text: CA SB1199 | 2015-2016 | Regular Session | Chaptered
Bill Title: Advertising displays: City of Inglewood.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State. Chapter 869, Statutes of 2016. [SB1199 Detail]
Download: California-2015-SB1199-Chaptered.html
BILL NUMBER: SB 1199 CHAPTERED
BILL TEXT
CHAPTER 869
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE MAY 12, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Hall
(Coauthor: Assembly Member Burke)
FEBRUARY 18, 2016
An act to add Section 5273.1 to the Business and Professions Code,
relating to outdoor advertising.
LEGISLATIVE COUNSEL'S DIGEST
SB 1199, Hall. Advertising displays: City of Inglewood.
Existing law, 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
regulates the placement of off-premises advertising displays along
highways that generally advertise business conducted or services
rendered or goods produced or sold at a location other than the
property upon which the display is located. A violation of the act is
a crime.
The act also provides that an advertising display advertising
businesses and activities developed within the boundary limits of,
and as a part of, an individual redevelopment agency project, as
those project boundaries existed on December 29, 2011, may remain and
be considered an on-premises display, until January 1, 2023, if the
advertising display meets specified criteria. The act further
authorizes, on and after January 1, 2022, the applicable city,
county, or city and county to request from the department an
extension for good cause, as specified, beyond January 1, 2023, not
to exceed the expiration of the redevelopment project area.
This bill would authorize under similar provisions the advertising
of businesses or activities operating outside a redevelopment
project area but within the boundaries of the City of Inglewood. The
bill would impose certain duties on the City of Inglewood regarding
advertising displays. By increasing the level of service provided by
the city, the bill would impose a state-mandated local program.
The bill would also make findings and declarations as to the need
for a special statute relating to the City of Inglewood.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5273.1 is added to the Business and Professions
Code, to read:
5273.1. (a) Notwithstanding Section 5273 and the dissolution of a
state redevelopment agency, and subject to subdivision (b), for
purposes of this section, an advertising display location that
advertised businesses and activities within the boundary limits of
the City of Inglewood may continue to exist and advertise businesses
or activities operating outside the redevelopment project area. It
shall be considered an on-premises display, as defined in Section
5490, if the advertising display meets all of the following
conditions:
(1) The advertising display is located within the boundary limits
of the City of Inglewood.
(2) The advertising display was constructed on or before January
1, 2012.
(3) The advertising display is adjacent to Interstate 405 and
located at either postmile 22.36L or 22.38L north of Century
Boulevard.
(4) The advertising display does not cause the reduction of
federal aid highway funds provided pursuant to Section 131 of Title
23 of the United States Code. If an advertising display authorized
under this section is subject to a notice from the United States
Department of Transportation, the Federal Highway Administration, or
any other applicable federal agency to the state that the operation
of that display will result in the reduction of federal aid highway
funds as provided in Section 131 of Title 23 of the United States
Code, the display owner or operator shall remove all advertising copy
from the display within 60 days after the date the state notifies
the owner or operator, and the City of Inglewood, by certified mail,
of the receipt of the federal notice. Failure to remove the
advertising copy pursuant to this paragraph shall result in a civil
fine, imposed by the California Department of Transportation, of ten
thousand dollars ($10,000) per day until the advertising copy is
removed. The department shall not assume any liability in connection
with the cessation of operation or removal of an advertising display
or advertising copy pursuant to this paragraph. If the name of the
owner or operator of the display is not indicated on the display, the
state is only required to send the notice to the City of Inglewood.
(b) An advertising display described in subdivision (a) may remain
until January 1, 2023, after which date the display shall be
removed, unless it otherwise qualifies as a lawful advertising
display pursuant to this section, without the payment of any
compensation to the owner or operator. On and after January 1, 2022,
the City of Inglewood may for good cause request from the department
an extension beyond January 1, 2023, not to exceed the expiration of
the redevelopment project area. "Good cause" for these purposes means
that all of the following are satisfied: (1) there has been a
finding by the City of Inglewood that the advertising display has had
a positive economic impact on the redevelopment project area and
provides a public benefit, (2) there have been no violations by the
display owner or operator of this section or of any applicable
illumination standards in the previous 10 years that have not been
corrected within 30 days of the date of mailing of a violation notice
to the owner or operator by the department, and (3) there has been
compliance by the owner and operator with all other standards adopted
by the City of Inglewood or by the department.
(c) The City of Inglewood shall be responsible for ensuring that
an advertising display is consistent with this section and provides a
public benefit. This provision shall not be construed to preclude
any enforcement authority of the department under this chapter.
(d) The City of Inglewood shall annually certify to the
department, by December 31 of each year, that at least 10 percent of
the advertising copy, up to a maximum of 100 square feet, is used to
display the address or location or locations of the business or
activity or to identify the route to the business or activity from
the nearest freeway offramp. The department may independently review
compliance with this certification. An advertising display subject to
this section shall be removed if it is in violation of this section
more than three times within a 10-year period and the violation has
not been corrected within 30 days of the date of mailing of a
violation notice to the owner or operator by the department.
(e) The City of Inglewood shall have primary responsibility for
ensuring that the advertising display authorized pursuant to this
section remains in conformance with all of the provisions of this
section. If the City of Inglewood fails to do so within 30 days of
the date of mailing of a notice to the city by the department, the
city shall hold the department harmless and indemnify the department
for all costs incurred by the department to ensure compliance with
this section or to defend actions challenging the authorization of
displays pursuant to this section.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 3. Due to unique circumstances concerning the location of the
advertising displays, or proposed advertising displays, set forth in
this act and the need for advertising in that location, it is
necessary that an exemption from some of the provisions of the
Outdoor Advertising Act be provided for those displays, and the
Legislature finds and declares that a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution.
