Bill Text: CA SB1470 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Outdoor advertising.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-24 - Placed on inactive file on request of Senator Leno. [SB1470 Detail]

Download: California-2009-SB1470-Amended.html

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BILL NUMBER: SB 1470	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 6, 2010

INTRODUCED BY   Senator Leno

                        FEBRUARY 19, 2010

   An act to amend Section 5216.1 of, and to add Section 5412.5 to,
the Business and Professions Code, relating to outdoor advertising.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1470, as amended, Leno. Outdoor advertising.
   The Outdoor Advertising Act regulates placement of advertising
displays adjacent to and within specified distances of highways that
are part of the national system of interstate and defense highways
and federal-aid highways. The act provides that lawfully erected
advertising displays include displays that were erected in compliance
with state laws and local ordinances in effect at the time of their
erection or displays that were subsequently brought into full
compliance with state laws and local ordinances. The act provides
that an advertising display whose use is modified after erection in a
manner that causes it to become illegal is not a lawfully erected
display. The act requires compensation to be paid to the owner of a
lawfully erected advertising display if the display is compelled to
be removed or its customary maintenance or use is limited, except as
specified.
   This bill would additionally provide that an advertising display
whose height, orientation, size, or technology is modified after
erection in a manner that causes it to become illegal is not a
lawfully erected display. The bill would provide that a lawfully
erected advertising display includes displays  erected and
maintained in compliance with state laws, local ordinances, and local
building permit requirements in effect at the time of their erection
and displays  that were subsequently brought into, and
maintained in, full compliance with state laws, local ordinances, and
local building permit requirements. The bill would authorize a civil
action for disgorgement of specified revenues against the owner, and
any person working in concert with the owner, of a display that is
not lawfully erected or that is subsequently altered in violation of
any state law, local ordinance, or local building permit requirement.
The bill would also make an owner of those displays liable for a
civil penalty up to $2,500 for each day the violation continues 
and would require the court to consider specified factors in
assessing the amount of the civil penalty  . The bill would
require moneys collected pursuant to these provisions to be paid to
the General Fund or to the treasurer of the city or county where a
judgment is entered and to the General Fund, as specified.
   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 5216.1 of the Business and Professions Code is
amended to read:
   5216.1.  "Lawfully erected" means, in reference to advertising
displays, advertising displays that were erected  and maintained
 in compliance with state laws, local ordinances, and local
building permit requirements in effect at the time of their erection
or that were subsequently brought into, and maintained in, full
compliance with state laws, local ordinances, and local building
permit requirements. The term does not apply to any advertising
display whose use, height, orientation, size, or technology is
modified after erection in a manner that causes it to become illegal.
There shall be a rebuttable presumption pursuant to Section 606 of
the Evidence Code that an advertising display is lawfully erected if
it has been in existence for a period of five years or longer without
the owner having received written notice during that period from a
governmental entity stating that the display was not lawfully
erected.
  SEC. 2.  Section 5412.5 is added to the Business and Professions
Code, to read:
   5412.5.  (a)  (1)    Whenever an advertising
display located anywhere in the state is not lawfully erected or
whenever an advertising display located anywhere in the state that
was erected in compliance with state laws, local ordinances, and
local building permit requirements in effect at the time of its
erection is subsequently altered in violation of any state law, local
ordinance, or local building permit requirement, the Attorney
General, any district attorney or county counsel, or any city
attorney or city prosecutor may maintain a civil action against the
display owner and any person working in concert with the display
owner, for the disgorgement of all gross revenues  with
respect to the display   from the unlawful advertising
display that are, during the time period the display was illegally
erected or altered,  received by, or owed to, the display owner
and any person working in concert with the display owner 
while the display was illegally erected or altered  , even
if the display was subsequently brought into full compliance with
state laws, local ordinances, and local building permit requirements.
 In 
    (2)     In  addition to any
disgorgement of gross revenues, the display owner shall be liable for
a civil penalty not to exceed two thousand five hundred dollars
($2,500) for each violation of any relevant state law, local
ordinance, or local building permit requirement. Each and every day a
violation exists shall constitute a separate and distinct offense.
 In assessing the amount of the civil penalty, the court shall
consider any one or more of the relevant circumstances presented
  by any of the parties to the case, including, but not
limited to, the nature and seriousness of the misconduct, the number
of violations, the persistence of the misconduct, the length of time
over which the misconduct occurred, the willfulness of the defendant'
s misconduct, and the defendant's assets, liabilities, and net worth.

   (b) If an action under this section is brought by the Attorney
General, the moneys collected shall be paid to the General Fund. If
the action is brought by a district attorney or county counsel,
two-thirds of the moneys collected shall be paid to the treasurer of
the county in which the judgment was entered and one-third shall be
paid to the General Fund. If the action is brought by a city attorney
or city prosecutor, two-thirds of the moneys collected shall be paid
to the treasurer of the city in which the judgment was entered and
one-third shall be paid to the General Fund. This subdivision shall
not apply to any costs awarded pursuant to subdivision (d).
   (c) The procedures established in this section shall be in
addition to any criminal, civil, or other legal remedy established by
law.
   (d) Notwithstanding any other provision of law, if an action
results in the successful enforcement of this section, the agency
bringing the enforcement action may request the court to award the
agency its enforcement costs, including, but not limited to, its
reasonable attorneys' fees for pursuing the action.
   (e) It is the intent of the Legislature that this section
strengthen the ability of local governments to enforce zoning
ordinances governing advertising displays.