California Assembly Bill AB2441 Introduced / Bill

 BILL NUMBER: AB 2441INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Mullin FEBRUARY 21, 2014 An act to amend Section 5403 of the Business and Professions Code, relating to outdoor advertising. LEGISLATIVE COUNSEL'S DIGEST AB 2441, as introduced, Mullin. Outdoor advertising. The Outdoor Advertising Act provides for the regulation of advertising displays visible from highways and prohibits, among others, advertising displays visible from a highway that simulate or imitate a directional, warning, danger, or informational sign, as specified. A violation of the act is a crime. This bill would, in addition, prohibit an advertising display visible from a highway that appears to be an official public agency changeable message sign. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. 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. Section 5403 of the Business and Professions Code is amended to read: 5403. No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature: (a) If within the right-of-way of any highway. (b) If visible from any highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or if likely to be mistaken for any permitted sign,  or if appearing to be an official public agency changeable message sign,  or if intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down." (c) If within any stream or drainage channel or below the floodwater level of any stream or drainage channel where the advertising display might be deluged by flood waters and swept under any highway structure crossing the stream or drainage channel or against the supports of the highway structure. (d) If not maintained in safe condition. (e) If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal. (f) If visible from any highway  which   that  is a part of the interstate or primary systems, and  which is  placed upon trees, or painted or drawn upon rocks or other natural features. (g) If any illumination shall impair the vision of travelers on adjacent highways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466.5 of the Vehicle Code. (h) If visible from a state regulated highway displaying any flashing, intermittent, or moving light or lights. (i) If, in order to enhance the display's visibility, the owner of the display or anyone acting on the owner's behalf removes, cuts, cuts down, injures, or destroys any tree, shrub, plant, or flower growing on property owned by the department that is visible from the highway without a permit issued pursuant to Section 670 of the Streets and Highways Code. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.