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California - AB 2756 - Mobile billboard advertising displays: parking prohibition
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Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • An act to add Chapter 33 (commencing with Section 7599) to Division 7 of Title 1 of the Government Code, relating to mobile billboard advertising displays.

    BILL NUMBER: AB 2756	INTRODUCED
    BILL TEXT
    INTRODUCED BY Assembly Members Blumenfield and Feuer

    FEBRUARY 19, 2010

    An act to add Section 22500.2 to the Vehicle Codes, relating to
    vehicles.
    LEGISLATIVE COUNSEL`S DIGEST
    AB 2756, as introduced, Blumenfield. Parking: commercial
    advertising: mobile billboards.
    (1) The Planning and Zoning Law authorizes the legislative body of
    a city or county to adopt ordinances that regulate, among other
    things, signs and billboards.
    Existing law authorizes local authorities to enact, by ordinance
    or resolution, prohibitions or restrictions on the stopping, parking,
    or standing of vehicles, including, but not limited to, vehicles
    that are 6 feet or more in height, including any load thereon, within
    100 feet of any intersection, on certain streets or highways, or
    portions thereof, during all or certain hours of the day.
    This bill would make it unlawful for a person to conduct, or cause
    to be conducted, any mobile billboard advertising by parking any
    vehicle or wheeled conveyance that carries, conveys, pulls, or
    transports any sign or billboard for the primary purpose of
    advertising on any public street, or other public place within the
    city or county in which the public has the right to travel. The bill
    would require enforcement by the city or county. By increasing the
    duties of local public officials and creating a new crime, the bill
    would impose a state-mandated local program.
    The bill would also authorize a city or county to enact an
    ordinance that would permit the use of mobile billboards in its local
    jurisdiction.
    (2) 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 with regard to certain mandates no
    reimbursement is required by this act for a specified reason.
    With regard to any other mandates, this bill would provide that,
    if the Commission on State Mandates determines that the bill contains
    costs so mandated by the state, reimbursement for those costs shall
    be made pursuant to the statutory provisions noted above.
    Vote: majority. Appropriation: no. Fiscal committee: yes.
    State-mandated local program: yes.
    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. The Legislature finds and declares all of the
    following:
    (a) Communities across the state are experiencing a surge in
    mobile billboards. These portable advertising signs on vehicles or
    trailers are driven to a location where they are detached and parked
    on city streets for hours, and often several days.
    (b) Not only are mobile billboards a visual blight, but they pose
    a significant safety hazard when motorists are forced to veer around
    them into the next lane of traffic. Mobile billboards also reduce
    available on-street parking and impair the visibility of pedestrians
    and drivers.
    (c) Local jurisdictions throughout the state have attempted to
    regulate mobile billboards, but these efforts have become mired in
    litigation and are difficult to enforce. Therefore, the Legislature
    declares that a statewide approach to regulating mobile billboards is
    necessary to address this serious public nuisance and to protect
    public safety.
    SEC. 2. Section 22500.2 is added to the Vehicle Code, to read:
    22500.2. (a) It is unlawful for a person to conduct, or cause to
    be conducted, any mobile billboard advertising by parking any vehicle
    or wheeled conveyance that carries, conveys, pulls, or transports
    any sign or billboard for the primary purpose of advertising on any
    public street or other public place within the city or county in
    which the public has the right to travel.
    (b) A violation of this section is an infraction punishable by the
    city or county where the violation occurred.
    (c) This section shall not apply to any vehicle that displays an
    advertisement or business identification of its owner, so long as the
    vehicle is engaged in the usual business or regular work of the
    owner, and not used merely, mainly, or primarily to display
    advertisement.
    (d) Notwithstanding subdivision (a), a city or county may enact a
    local ordinance that authorizes the use of mobile billboards within
    its local jurisdictions.
    SEC. 3. No reimbursement is required by this act pursuant to
    Section 6 of Article XIII B of the California Constitution for
    certain costs that may be incurred by a local agency or school
    district because, in that regard, this act creates a new crime or
    infraction, eliminates a crime or infraction, or changes the penalty
    for a crime or infraction, within the meaning of Section 17556 of the
    Government Code, or changes the definition of a crime within the
    meaning of Section 6 of Article XIII B of the California
    Constitution.
    However, if the Commission on State Mandates determines that this
    act contains other 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.
  • Summary/Fact Sheet Title
  • No summary detail available
  • View Full Policy
  • BILL NUMBER: AB 2756 INTRODUCED
    BILL TEXT
    INTRODUCED BY Assembly Members Blumenfield and Feuer

    FEBRUARY 19, 2010

    An act to add Section 22500.2 to the Vehicle Codes, relating to
    vehicles.
    LEGISLATIVE COUNSEL`S DIGEST
    AB 2756, as introduced, Blumenfield. Parking: commercial
    advertising: mobile billboards.
    (1) The Planning and Zoning Law authorizes the legislative body of
    a city or county to adopt ordinances that regulate, among other
    things, signs and billboards.
    Existing law authorizes local authorities to enact, by ordinance
    or resolution, prohibitions or restrictions on the stopping, parking,
    or standing of vehicles, including, but not limited to, vehicles
    that are 6 feet or more in height, including any load thereon, within
    100 feet of any intersection, on certain streets or highways, or
    portions thereof, during all or certain hours of the day.
    This bill would make it unlawful for a person to conduct, or cause
    to be conducted, any mobile billboard advertising by parking any
    vehicle or wheeled conveyance that carries, conveys, pulls, or
    transports any sign or billboard for the primary purpose of
    advertising on any public street, or other public place within the
    city or county in which the public has the right to travel. The bill
    would require enforcement by the city or county. By increasing the
    duties of local public officials and creating a new crime, the bill
    would impose a state-mandated local program.
    The bill would also authorize a city or county to enact an
    ordinance that would permit the use of mobile billboards in its local
    jurisdiction.
    (2) 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 with regard to certain mandates no
    reimbursement is required by this act for a specified reason.
    With regard to any other mandates, this bill would provide that,
    if the Commission on State Mandates determines that the bill contains
    costs so mandated by the state, reimbursement for those costs shall
    be made pursuant to the statutory provisions noted above.
    Vote: majority. Appropriation: no. Fiscal committee: yes.
    State-mandated local program: yes.
    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. The Legislature finds and declares all of the
    following:
    (a) Communities across the state are experiencing a surge in
    mobile billboards. These portable advertising signs on vehicles or
    trailers are driven to a location where they are detached and parked
    on city streets for hours, and often several days.
    (b) Not only are mobile billboards a visual blight, but they pose
    a significant safety hazard when motorists are forced to veer around
    them into the next lane of traffic. Mobile billboards also reduce
    available on-street parking and impair the visibility of pedestrians
    and drivers.
    (c) Local jurisdictions throughout the state have attempted to
    regulate mobile billboards, but these efforts have become mired in
    litigation and are difficult to enforce. Therefore, the Legislature
    declares that a statewide approach to regulating mobile billboards is
    necessary to address this serious public nuisance and to protect
    public safety.
    SEC. 2. Section 22500.2 is added to the Vehicle Code, to read:
    22500.2. (a) It is unlawful for a person to conduct, or cause to
    be conducted, any mobile billboard advertising by parking any vehicle
    or wheeled conveyance that carries, conveys, pulls, or transports
    any sign or billboard for the primary purpose of advertising on any
    public street or other public place within the city or county in
    which the public has the right to travel.
    (b) A violation of this section is an infraction punishable by the
    city or county where the violation occurred.
    (c) This section shall not apply to any vehicle that displays an
    advertisement or business identification of its owner, so long as the
    vehicle is engaged in the usual business or regular work of the
    owner, and not used merely, mainly, or primarily to display
    advertisement.
    (d) Notwithstanding subdivision (a), a city or county may enact a
    local ordinance that authorizes the use of mobile billboards within
    its local jurisdictions.
    SEC. 3. No reimbursement is required by this act pursuant to
    Section 6 of Article XIII B of the California Constitution for
    certain costs that may be incurred by a local agency or school
    district because, in that regard, this act creates a new crime or
    infraction, eliminates a crime or infraction, or changes the penalty
    for a crime or infraction, within the meaning of Section 17556 of the
    Government Code, or changes the definition of a crime within the
    meaning of Section 6 of Article XIII B of the California
    Constitution.
    However, if the Commission on State Mandates determines that this
    act contains other 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.



  • View History
  •           

               COMPLETE BILL HISTORY

              

              BILL NUMBER : A.B. No. 2756

              Latest Vote

              AUTHOR : Blumenfield

              TOPIC : Mobile billboard advertising displays: parking prohibition.

              

              TYPE OF BILL :

               Active

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What effect, if any, will AB2756 have on the legitimate free speech rights of citizen's, or 501 (c)3's, protesting government, or petitioning their government "We the people," regarding grievances?

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01/03/2011 8:39 AM

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