ODA Act & Regulations
ODA Act & Regulations
ODA Act & Regulations
2005 Edition
Citations from the California Business and Professions Code,
And Citations from the California Code of Regulations,
Title 4: Business Regulations
(Includes Law Changes through January 1, 2005
and Regulation Changes through July 14, 2005)
ARNOLD SCHWARZENEGGER
Governor
State of California
SUNNE WRIGHT MCPEAK
Secretary
Business, Transportation and Housing Agency
WILL KEMPTON
Director
Department of Transportation
ACKNOWLEDGEMENTS
DEPARTMENT OF TRANSPORTATION
Division of Traffic Operations
Division of Legal
Ron Beals, Assistant Chief Counsel
Cheryl McNulty, Deputy Attorney
Angel Perryman, Legal Analyst
COPYRIGHT 2005
BY
THOMSONWEST
All rights reserved. The citations contained in this publication are excerpts from
the California statutes and regulations. This publication is an informational tool
only. Every effort has been made to reproduce an all-inclusive listing. For
absolute accuracy, please reference the publications of the official statutes and
regulations for the complete text.
California Legislation
This pamphlet incorporates all pertinent enactments of the
California legislature through the 2004 portion of the
20032004 Regular Session.
California Regulations
The regulations in this pamphlet reflect all amendments to the
Official California Code of Regulations through July 14, 2005.
PREFACE
The California Department of Transportation is pleased to present the
2005 edition of the Outdoor Advertising Act and Regulations. Its
purpose is to provide a convenient resource for the government and
private sectors, advertising professionals, attorneys, clients, and the
general public to identify Californias statutes and regulations
governing outdoor advertising.
DISCLAIMER
The Department of Transportation Outdoor Advertising Section has
created this booklet to provide you with an informational copy of the
States Outdoor Advertising Act. However, while every effort has
been made to accurately reflect the wording in each statute and
regulation, this publication is not a official copy of these laws. The
Outdoor Advertising Section is not engaged in rendering legal
advice, and this booklet is not a substitute for the advice of an
attorney. If you require legal or other expert advice, you should seek
the services of an attorney licensed to practice law in California or
other professional.
CHAPTER 2 ADVERTISERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE 1 GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . .
1
1
5200.
5201.
5202.
5203.
5204.
5205.
5206.
5208.
5208.6.
5209.
5210.
5211.
5212.
5213.
5214.
5215.
5216.
5216.1.
5216.3.
5216.4.
5216.5.
5216.6.
5218.
5219.
5220.
5221.
5222.
5222.1.
5223.
5224.
5225.
5226.
5227.
5228.
5229.
5230.
5231.
Citation of chapter
Construction of chapter
Advertising display
Advertising structure
Bonus segment
Business area
Centerline of the highway
CollierZberg Act
Department
Director
Federal Aid Highway Act of 1958
Flashing
Freeway
Highway
Highway Beautification Act of 1965
Interstate highway
Landscaped freeway
Lawfully erected
Maintraveled way
Message center
Nonconforming advertising display
Officially designated scenic highway or scenic
byway; exclusions
Penalty segment
Person
Primary highway
Sign
660 feet from the edge of the rightofway
State highway system
Unzoned commercial or industrial area
Visible
Place
Regulation of advertising displays adjacent to
interstate or primary highways; declaration of
necessity
Exceptions; ordinances designating enforcement
agents and zoning ordinances
Legislative intent; minimum standards
Construction of chapter, advertising prohibited by
law or ordinance
Local regulations; restrictions on advertising displays
Local regulations; licenses or permits
ARTICLE 2 ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . .
5250.
5251.
Prescribing forms
Furnishing forms; county representatives
Enforcement of penalties
5273.5.
5274.
ARTICLE 4 LICENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5300.
5301.
5302.
5303.
Exclusiveness of chapter
Restriction of chapter to certain displays
Displays; exceptions
Advertising displays; businesses and activities
developed within boundary limits of individual
redevelopment agency project; exemption from
restrictions; extensions
Exemptions; certain redevelopment agency project
areas
Business centers; specified onpremises advertising
displays
10
11
ARTICLE 6 PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
5350.
5351.
5353.
5354.
5355.
5357.
5358.
5359.
5360.
5361.
5362.
5363.
5364.
5365.
5366.
Necessity of permit
Application for permit
Form and contents of application
Written evidence of consent to placement of display;
reservation of location and issuance of permit;
presumption
Description of display
License number in application
Issuance of permit
Effect of permit; change of copy; zoning
requirements
Renewal
Identification number; effect of permit
Fastening permit number plate to display; evidence of
violation; removal of display
Identification number plates
Renewal of original permit for advertising display
existing on November 7, 1967 within limits of
incorporated area
Designation of highway within incorporated area as
interstate or primary; application of act;
notification of location of display; permits
Effect of permit; no authority to violate any
ordinance
ARTICLE 7 REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5400.
ii
14
5406.
5407.
5408.
5408.1.
5408.2.
5408.3.
5408.5.
5408.7.
5410.
5412.
5412.1.
5412.2.
5412.3.
5412.4.
5412.6.
5413.
5414.
5415.
5416.
5417.
5418.
5418.1.
5419.
Wind resistance
Obscenity, indecency or immorality
Improper displays
Locations of displays
Displays prohibited; exceptions
Temporary political signs
Farm produce outlet locations; advertising displays
Outdoor advertising displays exceeding 10 feet in
length or width on land or rightofway owned
by Los Angeles County Metropolitan
Transportation Authority
Exemption of segments of highways within
incorporated municipalities
Inapplicability of certain sections to penalty segments
Standards for advertising displays in business areas
Displays beyond 660 feet of rightofway of
interstate or primary highway in nonbusiness
area; removal of existing displays
Displays on Route 10 in Los Angeles County
Adoption of ordinances to establish standards for
spacing and sizes of advertising displays
Advertising displays on bus passenger shelters or
benches; standards
San Francisco streets that are also state or federal
highways; advertising displays on street furniture
Maintenance of certain displays until July 1, 1970
Displays; removal or limitation of use; compensation;
application of section; relocation
Removal without compensation; displays on
residential zoned property; requirements;
adjustments
Removal without compensation; displays on
incorporated agricultural areas; requirements;
adjustments
Removal without compensation; unincorporated
agricultural areas; requirements; adjustments
Application of 5412
Compelled removal of lawfully erected display;
compensation under 5412
Negotiations on amount of compensation for removal
of displays; valuation schedule
Proceedings for removal of displays and
compensation
Regulations governing erection and maintenance of
advertising structures
Agreements with United States; acceptance of funds
Allocation of funds for payment of compensation
Allocation of funds from state highway account to
match federal funds
Allocation of funds; priorities
Agreements with United States to provide effective
control of outdoor advertising
iii
5442.11.
5442.13.
5443.
5443.5.
5486.
38
ARTICLE 10 REVENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5480.
5481.
5482.
5483.
5484.
5485.
30
iv
39
CHAPTER 2.
2300.
2301.
2302.
2303.
2304.
2305.
2306.
2307.
2308.
CHAPTER 3.
2400.
2401.
2402.
2403.
CHAPTER 3.5.
2420.
2421.
2422.
2423.
2424.
2425.
2426.
2427.
CHAPTER 3.6.
2440.
2441.
2442.
2443.
2444.
CHAPTER 4.
2450.
2451.
2452.
2453.
2454.
2455.
2456.
CHAPTER 5.
2500.
2501.
2502.
2503.
2504.
2505.
2506.
2507.
2508.
2509.
VIOLATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Scope.
Violations for Permanent Displays.
Review of Violation Notice.
Causes for Revocation of an Outdoor Advertising
Permit.
Causes for Revocation of an Outdoor Advertising
License.
vi
Records.
Retention of Classification.
Request for Reclassification.
Displays Viewed Primarily from Landscaped
Freeways.
Records.
Temporary Removal of Plant Material.
Request for Reclassification.
Displays Viewed Primarily from Landscaped
Freeways.
Notice to Remove Display.
Review of Violation.
vii
viii
Page 1
5205
c. 128.
5206
Page 2
from the nearest edge of a commercial or industrial building or activity and which
is zoned under authority of state law primarily to permit industrial or commercial
activities or an unzoned commercial or industrial area.
5206. Centerline of the highway
Centerline of the highway means a line equidistant from the edges of the
median separating the main traveled way of a divided highway, or the centerline
of the main traveled way of a nondivided highway.
5208. CollierZberg Act
CollierZberg Act refers to Chapter 128, Statutes of 1964 (First
Extraordinary Session).
5208.6. Department
Department means the Department of Transportation.
5209. Director
Director refers to the Director of Transportation of the State of California.
5210. Federal Aid Highway Act of 1958
Federal Aid Highway Act of 1958 refers to Section 131 of Title 23 of the
United States Code, as in effect before October 22, 1965 1.
123
U.S.C.A. 131.
5211. Flashing
Flashing is a light or message that changes more than once every four
seconds.
5212. Freeway
Freeway, for the purposes of this chapter only, means a divided arterial
highway for through traffic with full control of access and with grade separations
at intersections.
5213. Highway
Highway includes roads, streets, boulevards, lanes, courts, places, commons,
trails, ways or other rightsofway or easements used for or laid out and intended
for the public passage of vehicles or of vehicles and persons.
5214. Highway Beautification Act of 1965
Highway Beautification Act of 1965 refers to Section 131 of Title 23 of the
United States Code, as in effect October 22, 1965 1.
123
U.S.C.A. 131.
Page 3
5216.5
a part of the national system of interstate and defense highways by the director and
approved by appropriate authority of the federal government.
5216. Landscaped freeway
(a) Landscaped freeway means a section or sections of a freeway that is now,
or hereafter may be, improved by the planting at least on one side or on the median
of the freeway rightofway of lawns, trees, shrubs, flowers, or other ornamental
vegetation requiring reasonable maintenance.
(b) Planting for the purpose of soil erosion control, traffic safety requirements,
including light screening, reduction of fire hazards, or traffic noise abatement, shall
not change the character of a freeway to a landscaped freeway.
(c) Notwithstanding subdivision (a), if an agreement to relocate advertising
displays from within one area of a city or county to an area adjacent to a freeway
rightofway has been entered into between a city or county and the owner of an
advertising display, then a landscaped freeway shall not include the median of
a freeway rightofway.
5216.1. Lawfully erected
Lawfully erected means, in reference to advertising displays, advertising
displays which were erected in compliance with state laws and local ordinances in
effect at the time of their erection or which were subsequently brought into full
compliance with state laws and local ordinances, except that the term does not apply
to any advertising display whose use is modified after erection in a manner which
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.
5216.3. Maintraveled way
Maintraveled way is the traveled way of a highway on which through traffic
is carried. In the case of a divided highway, the traveled way of each of the separate
roadways for traffic in opposite directions is a maintraveled way. Maintraveled
way does not include facilities such as frontage roads, ramps, auxiliary lanes,
parking areas, or shoulders.
5216.4. Message center
Message center is an advertising display where the message is changed more
than once every two minutes, but no more than once every four seconds.
5216.5. Nonconforming advertising display
Nonconforming advertising display is an advertising display that was
5216.6
Page 4
lawfully placed, but that does not conform to the provisions of this chapter, or the
administrative regulations adopted pursuant to this chapter, that were enacted
subsequent to the date of placing.
5216.6. Officially designated scenic highway or scenic byway; exclusions
(a) Officially designated scenic highway or scenic byway is any state
highway that has been officially designated and maintained as a state scenic
highway pursuant to Sections 260, 261, 262, and 262.5 of the Streets and Highways
Code or that has been officially designated a scenic byway as referred to in Section
131 (s) of Title 23 of the United States Code.
(b) Officially designated scenic highway or scenic byway does not include
routes listed as part of the State Scenic Highway system, Streets and Highway
Code, Section 263, et seq., unless those routes, or segments of those routes, have
been designated as officially designated state scenic highways.
5218. Penalty segment
Penalty segment means any segment of a highway located in this state which
was not covered by the Federal Aid Highway Act of 1958 1 and the CollierZberg
Act 2 but which is covered by the Highway Beautification Act of 1965, 3 namely,
any segment of an interstate highway which is constructed upon rightofway, any
part of the width of which was acquired prior to July 1, 1956, and any segment of
a primary highway.
123 U.S.C.A. 131.
2Stats.1964, 1st Ex.Sess.,
323 U.S.C.A. 131.
5219. Person
Person includes natural person, firm, cooperative, partnership, association,
limited liability company, and corporation.
5220. Primary highway
Primary highway means any highway, other than an interstate highway,
designated as a part of the federalaid primary system in existence on June 1, 1991,
and any highway that is not in that system but which is in the National Highway
System.
5221. Sign
Sign refers to any card, cloth, paper, metal, painted or wooden sign of any
character placed for outdoor advertising purposes on or to the ground or any tree,
wall, bush, rock, fence, building, structure or thing, either privately or publicly
owned, other than an advertising structure.
Sign does not include any of the following:
(a) Official notices issued by any court or public body or officer.
Page 5
5225
5226
Page 6
Page 7
5253
U.S.C.A. 131(j).
5254
Page 8
In the event of the appointment of the county clerk in any county by the director,
the county clerk shall so act. Upon the issuance of any such license or permit by the
authorized agent of the director, the agent shall immediately forward a copy thereof
to the director.
5254. Enforcement of penalties
The director may enforce the penalties for failure to comply with the provisions
of this chapter.
Article 3 APPLICATION OF CHAPTER
5270. Exclusiveness of chapter
The regulation of the placing of advertising displays by this chapter, insofar as
such regulation may affect the placing of advertising displays within view of the
public highways of this state in unincorporated areas, shall be exclusive of all other
regulations for the placing of advertising displays within view of the public
highways of this state in unincorporated areas whether fixed by a law of this state
or by a political subdivision thereof.
5271. Restriction of chapter to certain displays
Except as otherwise provided in this chapter, the provisions of this chapter
apply only to the placing of advertising displays within view of highways located
in unincorporated areas of this state, except that the placing of advertising displays
within 660 feet from the edge of the rightofway of, and the copy of which is
visible from, interstate highways or primary highways, including the portions of
such highways located in incorporated areas, shall be governed by this chapter.
5272. Displays; exceptions
With the exception of Article 4 (commencing with Section 5300) and Sections
5400 and 5404, inclusive, nothing contained in this chapter applies to any
advertising display that is used exclusively for any of the following purposes:
(a) To advertise the sale, lease, or exchange of real property upon which the
advertising display is placed.
(b) To advertise directions to, and the sale, lease, or exchange of, real property
for which the advertising display is placed; provided, that the exemption of this
paragraph does not apply to advertising displays visible from a highway and subject
to the Highway Beautification Act of 1965 (23 U.S.C., Sec. 131).
(c) To designate the name of the owner or occupant of the premises or to
identify the premises.
(d) To advertise the business conducted or services rendered or the goods
produced or sold upon the property upon which the advertising display is placed
if the display is upon the same side of the highway and within 1,000 feet of the point
Page 9
5273.5
on the property or within 1,000 feet of the entrance to the site at which the business
is conducted or services are rendered or goods are produced or sold.
5273. Advertising displays; businesses and activities developed within
boundary limits of individual redevelopment agency project;
exemption from restrictions; extensions
For the purpose of this chapter, advertising displays advertising those
businesses and activities developed within the boundary limits of, and as a part of,
an individual redevelopment agency project may, with the consent of the
redevelopment agency governing the project, be considered to be on the premises
anywhere within the limits of that project when all of the land is contiguous or is
separated only by a public highway or public facilities developed or relocated for
inclusion within the project as a part of the original redevelopment plan for a period
not to exceed 10 years or the completion of the project, whichever first occurs, after
which Sections 5272 and 5405 apply, unless an arrangement has been made for
extension of the period between the redevelopment agency and the department for
good cause. The 10year period for existing displays shall commence on January
1, 1986.
5273.5. Exemptions; certain redevelopment agency project areas
(a) Notwithstanding Section 5273, for the purposes of this chapter, in the City
of Buena Park in Orange County, the Cities of Commerce, Covina, and South Gate
in Los Angeles County, and the City of Victorville in San Bernardino County,
advertising displays advertising those businesses and activities developed within
the boundary limits of, and as a part of, any redevelopment agency project area or
areas may, with the consent of the redevelopment agency governing the project
area, be considered to be on the premises anywhere within the legal boundaries of
the redevelopment agencys project area or areas for a period not to exceed 10 years
or the completion of the project, whichever occurs first, after which Sections 5272
and 5405 apply, unless an arrangement has been made for extension of the period
between the redevelopment agency and the department for good cause.
(b) The governing body of a redevelopment agency in the cities set forth in
subdivision (a), upon approving the purchase, lease, or other authorization for the
erection of an advertising display pursuant to this section, shall prepare, adopt, and
submit to the department an application for the issuance of a permit that, at a
minimum, includes a finding that the advertising display would not result in a
concentration of displays that will have a negative impact on the safety or aesthetic
quality of the community. The department shall only deny the application if the
proposed structure violates Sections 5400 to 5405, inclusive, or subdivision (d) of
Section 5408, or if the display would cause a reduction in federalaid highway
5274
Page 10
Page 11
5353
advertising without first having paid the license fee provided by this chapter. The
fee is payable annually in advance on the first day of July of each year to the director
or his authorized agent. Each license shall remain in force for the term of one year
from and after the first day of July, and may be renewed annually.
A license shall be obtained whether or not the advertising display requires a
permit.
5302. Expiration of license; apportionment of fee
All licenses issued on or after the first day of July shall expire on the 30th day
of June following the date of issue. Fees for original licenses issued after the first
day of July of each year shall be apportioned and collected on the basis of
onetwelfth of the fee for each month or part thereof remaining in the fiscal year.
5303. Application; effect of license
Every application for a license shall be made on a form to be furnished by the
director. It shall state the full name of the applicant and the post office address of
his fixed place of business and shall contain a certification that the applicant has
obtained a copy of the provisions of this chapter and any regulations adopted
thereunder and is aware of their contents.
The issuance of a license entitles the holder to engage in or carry on the outdoor
advertising business and to apply for permits during the term of the license.
Article 5 CERTIFICATES OF ZONING COMPLIANCE [REPEALED]
Article 6 PERMITS
5350. Necessity of permit
No person shall place any advertising display within the areas affected by the
provisions of this chapter in this state without first having secured a written permit
from the director or from his authorized agent.
5351. Application for permit
Every person desiring a permit to place any advertising display shall file an
application with the director or with his authorized agent.
5353. Form and contents of application
The application shall be filed on a blank to be furnished by the director or by
his agent. It shall set forth the name and address of the applicant and shall contain
a general description of the property upon which it is proposed to place the
advertising display for which a permit is sought and a diagram indicating the
location of the proposed advertising display on the property, in such a manner that
the property and the location of the proposed advertising display may be readily
ascertained and identified.
5354
Page 12
Page 13
5364
(b) The issuance of a permit does not affect the obligation of the owner of the
advertising display to comply with a zoning ordinance applicable to the advertising
display under the provisions of this chapter nor does the permit prevent the
enforcement of the applicable ordinance by the county.
5360. Renewal
(a) The director shall establish a permit renewal term of five years, which shall
be reflected on the face of the permit.
(b) The director shall adopt regulations for permit renewal that include
procedures for late renewal within a period not to exceed one year from the date of
permit expiration. Any permit that was not renewed after January 1, 1993, is
deemed revoked.
5361. Identification number; effect of permit
Each permit provided in this chapter shall carry an identification number and
shall entitle the holder to place the advertising display described in the application.
5362. Fastening permit number plate to display; evidence of violation;
removal of display
No person shall place any advertising display unless there is securely fastened
upon the front thereof an identification number plate of the character specified in
Section 5363. The placing of any advertising display without having affixed thereto
an identification number plate is prima facie evidence that the advertising display
has been placed and is being maintained in violation of the provisions of this
chapter, and any such display shall be subject to removal as provided in Section
5463.
5363. Identification number plates
Identification number plates shall be furnished by the director. Identification
number plates shall bear the identification number of the advertising display to
which they are assigned.
5364. Renewal of original permit for advertising display existing on
November 7, 1967 within limits of incorporated area
The provisions of this article shall apply to any advertising display which was
lawfully placed and which was in existence on November 7, 1967, adjacent to an
interstate or primary highway and within the limits of an incorporated area, but for
which a permit has not heretofore been required. A permit which is issued pursuant
to this section shall be deemed to be a renewal of an original permit for an existing
advertising display.
5365
Page 14
Page 15
5404
5405
Page 16
approaching vehicles for a distance of 300 feet, then advertising displays may be
placed on such buildings, structure or other object if such displays will not further
obstruct the vision of those approaching the intersection or interception, or if any
such display does not project more than one foot therefrom.
(b) If placed in such a manner as to prevent any traveler on any highway from
obtaining a clear view of approaching vehicles for a distance of 500 feet along the
highway.
5405. Displays prohibited; exceptions
Notwithstanding any other provision of this chapter, no advertising display
shall be placed or maintained within 660 feet from the edge of the rightofway of,
and the copy of which is visible from, any interstate or primary highway, other than
any of the following:
(a) Directional or other official signs or notices that are required or authorized
by law, including, but not limited to, signs pertaining to natural wonders and scenic
and historical attractions, and which comply with regulations adopted by the
director relative to their lighting, size, number, spacing, and any other requirements
as may be appropriate to implement this chapter which are consistent with national
standards adopted by the United States Secretary of Transportation pursuant to
subdivision (c) of Section 131 of Title 23 of the United States Code.
(b) Advertising displays advertising the sale or lease of the property upon
which they are located, if all advertising displays within 660 feet of the edge of the
rightofway of a bonus segment comply with the regulations adopted under
Sections 5251 and 5415.
(c) Advertising displays which advertise the business conducted, services
rendered, or goods produced or sold upon the property upon which the advertising
display is placed, if the display is upon the same side of the highway as the
advertised activity; and if all advertising displays within 660 feet of the
rightofway of a bonus segment comply with the regulations adopted under
Sections 5251, 5403, and 5415; and except that no advertising display shall be
placed after January 1, 1971, if it contains flashing, intermittent, or moving lights
(other than that part necessary to give public service information, including, but not
limited to, the time, date, temperature, weather, or similar information, or a
message center display as defined in subdivision (d)).
(d)(1) Message center displays that comply with all requirements of this
chapter. The illumination or the appearance of illumination resulting in a message
change of a message center display is not the use of flashing, intermittent, or
moving light for purposes of subdivision (b) of Section 5408, except that no
message center display may include any illumination or message change that is in
motion or appears to be in motion or that changes in intensity or exposes its message
Page 17
5405.3
for less than four seconds. No message center display may be placed within 1,000
feet of another message center display on the same side of the highway. No message
center display may be placed in violation of Section 131 of Title 23 of the United
States Code.
(2) Any message center display located beyond 660 feet from the edge of the
rightofway of an interstate or primary highway and permitted by a city, county,
or city and county on or before December 31, 1988, is in compliance with Article
6 (commencing with Section 5350) and Article 7 (commencing with Section 5400)
for purposes of this section.
(3) Any message center display legally placed on or before December 31, 1996,
which does not conform with this section may continue to be maintained under its
existing criteria if it advertises only the business conducted, services rendered, or
goods produced or sold upon the property upon which the display is placed.
(4) This subdivision does not prohibit the adoption by a city, county, or city and
county of restrictions or prohibitions affecting offpremises message center
displays which are equal to or greater than those imposed by this subdivision, if that
ordinance or regulation does not restrict or prohibit onpremises advertising
displays, as defined in Chapter 2.5 (commencing with Section 5490).
(e) Advertising displays erected or maintained pursuant to regulations of the
director, not inconsistent with the national policy set forth in subdivision (f) of
Section 131 of Title 23 of the United States Code and the standards promulgated
thereunder by the Secretary of Transportation, and designed to give information in
the specific interest of the traveling public.
5405.5
Page 18
U.S.C.A. 131.
Page 19
5408
5408.1
Page 20
city and outside the limits of an urban area. No advertising display shall be placed
within 300 feet from another advertising display on the same side of any portion
of a primary highway that is not a freeway if that portion of the primary highway
is located outside the limits of an incorporated city and outside the limits of an urban
area. No advertising display shall be placed within 100 feet from another
advertising display on the same side of any portion of a primary highway that is not
a freeway if that portion of the primary highway is located inside the limits of an
incorporated city or inside the limits of an urban area.
(e) Subdivision (d) does not apply to any of the following:
(1) Advertising displays that are separated by a building or other obstruction
in a manner that only one display located within the minimum spacing distances set
forth herein is visible from the highway at any one time.
(2) Doublefaced, backtoback, or Vtype advertising display, with a
maximum of two signs per facing, as permitted in subdivision (a).
(3) Advertising displays permitted by subdivisions (a) to (c), inclusive, of
Section 5405. The minimum distance between signs shall be measured along the
nearest edge of the pavement between points directly opposite the signs along each
side of the highway.
(4) Any advertising display lawfully in existence on August 1, 1967, which
does not conform to this subdivision but that is permitted by city or county
ordinances.
(f) Urban area, as used in subdivision (d), shall be determined in accordance
with Section 101(a) of Title 23 of the United States Code.
5408.1. Displays beyond 660 feet of rightofway of interstate or
primary highway in nonbusiness area; removal of existing
displays
(a) No advertising display shall be placed or maintained beyond 660 feet from
the edge of the rightofway of an interstate or primary highway if such advertising
display is located outside of an urban area or within that portion of an urban area
that is not a business area, is visible from the main traveled way of such highway,
and is placed with the purpose of its message being read from such main traveled
way, unless such advertising display is included within one of the classes of
displays permitted by Section 5405 to be placed within 660 feet from the edge of
such highway. Such display may be placed or maintained within the portion of an
urban area that is also a business area if such display conforms to the criteria for
size, spacing and lighting set forth in Section 5408.
(b) Any advertising display which was lawfully in existence on the effective
date of the enactment of this section, but which does not conform to the provisions
of this section, shall not be required to be removed until January 1, 1980. If federal
Page 21
5408.5
law requires the state to pay just compensation for the removal of any such display,
it may remain in place after January 1, 1980, and until just compensation is paid for
its removal pursuant to Section 5412.
(c) For purposes of this section, an urban area means an area so designated in
accordance with the provisions of Section 101 of Title 23 of the United States Code.
5408.2. Displays on Route 10 in Los Angeles County
Notwithstanding any other provision of this chapter, an advertising display is
a lawfully erected advertising display and, upon application and payment of the
application fee, the director shall issue a permit for the display if it meets all of the
following conditions:
(a) The display was erected on property adjacent to State Highway Route 10
(Interstate 10) in the unincorporated area of the County of Los Angeles in order to
replace a display which was required to be removed because the property on which
it was located was acquired by the State of California to facilitate construction of
the busway on Route 10 in the County of Los Angeles.
(b) Upon proper application, the display could have qualified for a permit at the
time it was erected, except for Sections 5351 and 5408 and Article 5 (commencing
with Section 5320)1 as in effect at the time.
(c) The display conforms to Section 5408 as in effect on January 1, 1984.
(d) The display was in existence on January 1, 1984.
1Article
5 repealed.
5408.7
Page 22
Page 23
5410
street designated as a state or federal highway shall be consistent with federal law
and regulations.
(3) Advertising displays on street furniture shall be placed in accordance with
a permit or agreement with the city and county.
(4) Advertising displays on street furniture shall not extend beyond the exterior
limits of the street furniture.
(d) Advertising displays placed on street furniture pursuant to a permit or
agreement with the city and county shall not be subject to the state permit
requirements of Article 6 (commencing with Section 5350). This subdivision does
not affect the authority of the state to enforce compliance with federal law and
regulations, as required by paragraph (2) of subdivision (c).
(e)(1) The city and county shall, upon written notice of any suit or claim of
liability against the state for any injury arising out of the placement of an
advertising display approved by the city and county pursuant to subdivision (c),
defend the state against the claim and provide indemnity to the state against any
liability on the suit or claim.
(2) For the purposes of this subdivision, indemnity has the same meaning as
defined in Section 2772 of the Civil Code.
(f)(1) This section shall become inoperative not later than 60 days from the date
the director receives notice from the United States Secretary of Transportation that
future operation of this section will result in a reduction of the states share of
federal highway funds pursuant to Section 131 of Title 23 of the United States
Code.
(2) Upon receipt of the notice described in paragraph (1), the director shall
notify in writing the Secretary of State and the City and County of San Francisco
of that receipt.
(3) This section shall be repealed on January 1 immediately following the date
the Secretary of State receives the notice required under paragraph (2).
5410. Maintenance of certain displays until July 1, 1970
Any advertising display located within 660 feet of the edge of the rightofway
of, and the copy of which is visible from, any penalty segment, or any bonus
segment described in Section 5406 which display was lawfully maintained in
existence on the effective date of this section but which was not on that date in
conformity with the provisions of this article, may be maintained, and shall not be
required to be removed until July 1, 1970. Any other sign which is lawful when
erected, but which does not on January 1, 1968, or any time thereafter, conform to
the provisions of this article, may be maintained, and shall not be required to be
removed, until the end of the fifth year after it becomes nonconforming; provided
5412
Page 24
that this section shall not apply to advertising displays adjacent to a landscaped
freeway.
5412. Displays; removal or limitation of use; compensation; application
of section; relocation
Notwithstanding any other provision of this chapter, no advertising display
which was lawfully erected anywhere within this state shall be compelled to be
removed, nor shall its customary maintenance or use be limited, whether or not the
removal or limitation is pursuant to or because of this chapter or any other law,
ordinance, or regulation of any governmental entity, without payment of
compensation, as defined in the Eminent Domain Law (Title 7 (commencing with
Section 1230.010) of Part 3 of the Code of Civil Procedure), except as provided in
Sections 5412.1, 5412.2, and 5412.3. The compensation shall be paid to the owner
or owners of the advertising display and the owner or owners of the land upon which
the display is located.
This section applies to all displays which were lawfully erected in compliance
with state laws and local ordinances in effect when the displays were erected if the
displays were in existence on November 6, 1978, or lawfully erected after
November 6, 1978, regardless of whether the displays have become
nonconforming or have been provided an amortization period. This section does
not apply to onpremise displays as specified in Section 5272 or to displays which
are relocated by mutual agreement between the display owner and the local entity.
Relocation, as used in this section, includes removal of a display and
construction of a new display to substitute for the display removed.
It is a policy of this state to encourage local entities and display owners to enter
into relocation agreements which allow local entities to continue development in
a planned manner without expenditure of public funds while allowing the
continued maintenance of private investment and a medium of public
communication. Cities, counties, cities and counties, and all other local entities are
specifically empowered to enter into relocation agreements on whatever terms are
agreeable to the display owner and the city, county, city and county, or other local
entity, and to adopt ordinances or resolutions providing for relocation of displays.
5412.1. Removal without compensation; displays on residential zoned
property; requirements; adjustments
A city, county, or city and county, whose ordinances or regulations are
otherwise in full compliance with Section 5412, is not in violation of that section
if the entity elects to require the removal without compensation of any display
which meets all the following requirements:
(a) The display is located within an area shown as residential on a local general
Page 25
5412.2
5412.3
Page 26
area.
(c) The display is not located within 660 feet from the edge of the rightofway
of an interstate or primary highway with its copy visible from the highway, nor is
placed or maintained beyond 660 feet from the edge of the rightofway of an
interstate or primary highway with the purpose of its message being read from the
main traveled way.
(d) The display is not required to be removed because of an overlay zone,
combining zone, or any other special zoning district whose primary purpose is the
removal or control of signs.
(e) The display is allowed to remain in existence for the period of time set forth
below after the enactment or amendment after January 1, 1983, of any ordinance
or regulation necessary to bring the entity requiring removal into compliance with
Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of
Minimum Years
Notice of Removal Requirement
Allowed
Under
$1,999 . . . . . . . . . . . . . . . . . . . . . . . . 2
$ 2,000 to $3,999 . . . . . . . . . . . . . . . . . . . . . . . . 3
$ 4,000 to $5,999 . . . . . . . . . . . . . . . . . . . . . . . . 4
$ 6,000 to $7,999 . . . . . . . . . . . . . . . . . . . . . . . . 5
$ 8,000 to $9,999 . . . . . . . . . . . . . . . . . . . . . . . . 6
$10,000 and over . . . . . . . . . . . . . . . . . . . . . . . . 7
The amounts provided in this section shall be adjusted each January 1 after
January 1, 1983, in accordance with the changes in building costs as indicated in
the United States Department of Commerce Composite Cost Index for
Construction Costs.
5412.3. Removal without compensation; unincorporated agricultural
areas; requirements; adjustments
A county whose ordinances or regulations are otherwise in full compliance
with Section 5412, is not in violation of that section if the county elects to require
the removal without compensation of any display which meets all the following
requirements:
(a) The display is located within an unincorporated area shown as agricultural
on a local general plan as of either the date an ordinance or regulation is enacted
or becomes applicable to the area which incorporates the provisions of this section.
(b) The display is located within an area zoned for agricultural use either on the
date on which the removal requirement is adopted or becomes applicable to the
area.
(c) The display is not located within 660 feet from the edge of the rightofway
of an interstate or primary highway with its copy visible from the highway, nor is
placed or maintained beyond 660 feet from the edge of the rightofway of an
Page 27
5412.6
interstate or primary highway with the purpose of its message being read from the
main traveled way.
(d) The display is not required to be removed because of an overlay zone,
combining zone, or any other special zoning district whose primary purpose is the
removal or control of signs.
(e) The display is allowed to remain in existence for the period of time set forth
below after the adoption or amendment after January 1, 1983, of any ordinance or
regulation necessary to bring the entity requiring removal into compliance with
Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of
Minimum Years
Notice of Removal Requirement
Allowed
Under
$1,999 . . . . . . . . . . . . . . . . . . . . . . . . 3.0
$ 2,000 to $3,999 . . . . . . . . . . . . . . . . . . . . . . . . 4.5
$ 4,000 to $5,999 . . . . . . . . . . . . . . . . . . . . . . . . 6.0
$ 6,000 to $7,999 . . . . . . . . . . . . . . . . . . . . . . . . 7.5
$ 8,000 to $9,999 . . . . . . . . . . . . . . . . . . . . . . . . 9.0
$10,000 and over . . . . . . . . . . . . . . . . . . . . . . . 10.5
The amounts provided in this section shall be adjusted each January 1 after
January 1, 1983, in accordance with the changes in building costs, as indicated in
the United States Department of Commerce Composite Cost Index for
Construction Costs.
5412.4. Application of 5412
Section 5412 shall not be applied in any judicial proceeding which was filed
and served by any city, county, or city and county prior to January 1, 1982, except
that Section 5412 shall be applied in litigation to prohibit the removal without
compensation of any advertising display located within 660 feet from the edge of
the rightofway of an interstate or primary highway with its copy visible from the
highway, or any advertising display placed or maintained beyond 660 feet from the
edge of the rightofway of an interstate or primary highway that is placed with the
purpose of its message being read from the main traveled way of the highway.
5412.6. Compelled removal of lawfully erected display; compensation
under 5412
The requirement by a governmental entity that a lawfully erected display be
removed as a condition or prerequisite for the issuance or continued effectiveness
of a permit, license, or other approval for any use, structure, development, or
activity other than a display constitutes a compelled removal requiring
compensation under Section 5412, unless the permit, license, or approval is
requested for the construction of a building or structure which cannot be built
without physically removing the display.
5413
Page 28
U.S.C.A. 131.
U.S.C.A. 131, subsections (c), (f).
Page 29
5418.1
funds allotted pursuant to Section 131 for the purpose of paying the 75 percent
federal share of the compensation required by subdivision (g) of Section 131 of
Title 23 of the United States Code2.
123
223
5419
Page 30
Page 31
5442.5
5442.7
Page 32
Page 33
5442.10
5442.10
Page 34
Page 35
5442.13
of a size not to exceed 60 feet in height and 25 feet in length, the department shall
promptly request Federal Highway Administration approval of that change in
orientation to ensure that the advertising displays will not cause a reduction in
federal aid highway funds. Upon receipt of the approval from the Federal Highway
Administration, the advertising display or displays may be erected.
(c) For the purposes of this section, the OaklandAlameda County Coliseum
Complex is the real property and improvements located at 7000 Coliseum Way,
City of Oakland, and more particularly described in Parcel Map 7000, filed August
1, 1996, Map Book 223, Page 84, Alameda County Records, Assessors Parcel Nos.
0413901008 and 0413901009.
5442.11. City of Los Angeles; MidCity Recovery Redevelopment
Project Area; advertising displays
Notwithstanding any other provision of this chapter, Section 5440 does not
apply to any advertising display in the MidCity Recovery Redevelopment Project
Area within the City of Los Angeles if all of the following conditions are met:
(a) Not more than four advertising displays, whose placement or maintenance
is otherwise prohibited under this chapter, may be erected if approved by the
Community Redevelopment Agency of the City of Los Angeles as part of an
ownerparticipation agreement or disposition and development agreement.
(b) All four advertising displays meet the requirements set forth in Section 5405
and 5408.
(c) Placement or maintenance of each advertising display does not require the
immediate trimming, pruning, topping, or removal of trees located on a state
highway rightofway to provide visibility to the advertising display, unless done
as part of the normal landscape maintenance activities that would have been
undertaken without regard to the placement of the display.
(d) No advertising display shall advertise products or services that are directed
at an adult population, including, but not limited to, alcohol, tobacco, gambling, or
sexually explicit material.
(e) If any advertising display erected pursuant to this section is removed for
purposes of a transportation project undertaken by the department, the display
owner is entitled to relocate that display and is not entitled to monetary
compensation for the removal or relocation.
(f) The advertising display shall not cause a reduction in federal aid highway
funds as provided in Section 131 of Title 23 of the United States Code.
5442.13. Conditions allowing for advertising display in Los Angeles by a
notforprofit educational academy; restrictions and removal
(a) Notwithstanding any other provision of this chapter, Section 5440 shall not
5442.13
Page 36
Page 37
5443.5
includes, but is not limited to, the total revenues generated from the display, the
amount of revenues received by the academy, and the expenditures and uses of the
revenue. The audit shall be submitted to the Controller and the Legislature on or
before January 1, 2007, and every four years thereafter.
(h) The academy specified in subdivision (a) shall comply with the provisions
of the City of Los Angeles regulation designated as Section 12.21A7(l) of the Los
Angeles Municipal Code. The requirements of this subdivision shall be waived if
the City of Los Angeles fails to implement, comply with, and make a determination
pursuant to the provisions of Section 12.21A7(l) of the Los Angeles Municipal
Code on or before January 1, 2005.
5443. Land use or zoning ordinances; relocation agreements; height
increases
Nothing in this article prohibits either of the following:
(a) Any county from designating the districts or zones in which advertising
displays may be placed or prohibited as part of a county land use or zoning
ordinance.
(b) Any governmental entity from entering into a relocation agreement
pursuant to Section 5412 or the department from allowing any legally permitted
display to be increased in height at its permitted location or to be relocated if a noise
attenuation barrier is erected in front of the display or if a building, construction,
or structure, including, but not limited to, a barrier, bridge, overpass, or underpass,
has been or is then being erected by any government entity that obstructs the
displays visibility within 500 feet of the display and that relocated display or that
action of the department would not cause a reduction in federal aid highway funds
as provided in Section 131 of Title 23 of the United States Code or an increase in
the number of displays within the jurisdiction of a governmental entity which does
not conform to this article. Any increase in height permitted under this subdivision
shall not be more than that necessary to restore the visibility of the display to the
maintraveled way. An advertising display relocated pursuant to this subdivision
shall comply with all of the provisions of Article 6 (commencing with Section
5350).
5443.5. Relocation of legally permitted displays on property acquired
for public use; conditions
Nothing in this article prohibits the Department of Transportation from
allowing any legally permitted display situated on property being acquired for a
public use to be relocated subject to the approval of the public agency acquiring
the property and the approval of the jurisdiction in which the display will be
relocated, so long as the action of the department in allowing the relocation of the
5460
Page 38
Page 39
5483
place as of August 12, 2004, a cause of action for the erection or maintenance of
an advertising display that violates this chapter or the laws of a local governmental
entity shall not be brought by a private party against an advertising display that has
been in continuous existence in its current location for a period of five years.
However, if the advertising display has been illegally modified, the cause of action
for the illegal modification may be brought by a private party if it is filed within five
years of the date the modification was made.
(b) This section shall not apply to a cause of action brought by a governmental
entity that is based on the erection or maintenance of an advertising display that
violates this chapter or the laws of the governmental entity.
Article 10 REVENUE
5480. Fees in lieu of other charges
The fees for licenses and permits prescribed by this chapter are in lieu of all
other license and permit fees required by the laws of the state or of any political
subdivision thereof for the privilege of engaging in the outdoor advertising
business or placing advertising display within view of the public highways in
unincorporated areas.
5481. Disposition of fees and fines
All license, permit, application, and renewal fees, and all fines, collected by the
director and his or her authorized agents in accordance with this chapter shall be
deposited in the State Highway Account in the State Transportation Fund, except
that 20 percent of all fees and fines collected by county clerks appointed by the
director shall be retained by the county in which the fees are collected. All money
received by the state from the United States pursuant to subsection (c) of Section
131 of Title 23 of the United States Code shall be deposited in the same account.
All fees and fines shall be accounted for by the director in the manner provided by
law.
5482. Failure to remove advertising display; fine
Any display owner who does not remove an advertising display that is placed
or maintained in violation of this chapter and is removed and destroyed by the
director or any authorized employee pursuant to Section 5463, shall pay to the
director a fine in an amount equivalent to any costs related to that removal and
destruction.
5483. Expenses of administration and enforcement
The expense of administering this chapter is under the control of the director.
Money in the State Highway Account in the State Transportation Fund shall be
available for the administration and enforcement of this chapter upon appropriation
5484
Page 40
Page 41
5486
(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.
5486. Application for permit; preliminary determination; fees
In addition to the fees set forth in Section 5485, no application for an original
permit to place an advertising structure shall be accepted by the department unless
it is also accompanied by an application fee of three hundred dollars ($300). The
application fee shall be retained by the department whether or not a permit is issued.
An applicant may request a preliminary determination as to whether a proposed
structure and location would be legally eligible for a state permit upon submission
of a fee of two hundred dollars ($200), one hundred dollars ($100) of which shall
be credited toward an application fee for an original permit at this location if a
permit is applied for within one year of the response to the request for preliminary
determination.
NIL
Page 42
Page 43
2241
2241. Enforcement.
(a) The Department of Transportation and the Director or the Directors
designee is hereby authorized and directed to enforce the provisions of the Act and
these regulations, and are further authorized and directed to revoke a license or a
permit and remove a Display for violating any provision of the Act or these
regulations.
2242
Page 44
2242. Definitions.
The following terms when used in this Title 4, Division 6, have the following
meanings:
(a) Accepted means the official act of acceptance by the Department of a
contractors completion of a highway project acknowledging the contractor has
performed all obligations of a highway contract.
Page 45
2242
(b) Act means the California Outdoor Advertising Act, Sections 5200 et seq.,
Business and Professions Code.
(c) Adjacent To means located within, either in whole or part, an area formed
by measuring 660 feet laterally from the edge of the rightofway of a landscaped
freeway sections along a line perpendicular to the center line of the freeway.
(d) Changeable means any message change occurring more than once every
twentyfour hours.
(e) Chief Landscape Architect means the employee of the Department of
Transportation charged with statewide responsibility for supervising Highway
Planting Projects.
(f) Completed means a contractor has performed all obligations under a
highway project contract.
(g) Continuous Planting means State right of way contiguous to the traveled
way which is planted with Ornamental Vegetation in accordance with standard
landscaping practices. A physical break in the Planting of less than 200 feet for
items such as a highway overcrossing or undercrossing, a stream, a canal, a
stairway, a culvert, or a water system is not a gap and may not end a Continuous
Planting.
(h) Certificate of Sufficiency, formerly known as Design Certification,
means the design engineer for a given project certifies to Right of Way and Asset
Management that the right of way indicated on the project maps is the area
necessary for a given project.
(i) Deputy Director Project Development means the Deputy Director of
Project Development of the Department of the Department of Transportation.
(j) Display means an advertising Display as defined in Section 5202.
(k) Extension means an Incidental increase in size of the advertising area
which does not exceed the height, length, or total area allowed for in Section
5408(a) of the act.
(l) Facing means the portion of the Display that contains advertising copy.
(m) Highway Planting Project means an area of State highway rightofway
planted in conformance with plans developed or approved by the Department.
(n) Imprint means a marker (a stake or a flag) visible and legible from the
highway that identifies the applicant by name or logo placed at the location of
proposed display.
(o) Incidental means up to 33 percent of the total advertising area of the
Display as authorized according to the Departments records and relates to the
specific advertising copy. Measurement is made based on the height and the length
but not the depth.
2243
Page 46
Page 47
2245
(c) A Display which advertises a brand name, trade name, product or service
only incidental to the principal activity conducted on the property, or from which
the business or property owner derives rental income.
(d) A Display placed at or near the end of a narrow strip of property, which is
contiguous to the property on which the advertised activity is conducted.
(e) A Display which solely advertises the sale or lease of the property upon
which it is placed, but which also identifies a corporation or business activity as the
property owner more conspicuously than the for sale or lease message.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5272, 5273, 5274, 5405(b), 5405(c) and 5442, Business and Professions Code; and
23 CFR Section 750.709.
HISTORY
1. Renumbering and amendment of former section 2242 to new section 2243 filed 92099;
operative 102099 (Register 99, No. 39).
2. Amendment of first paragraph filed 11232004; operative 12232004 (Register 2004,
No. 48).
2246
Page 48
Page 49
2266
2250. Location.
NOTE: 2250 to 2258, inclusive, issued under authority contained in Section 5215, Business and Professions Code. Source of 2250 to 2258, inclusive, is the Rules and Regulations made by the Director of the Department of Transportation, Outdoor Advertising Act.
HISTORY
1. Original publication of Chapter 6 on 32245 (Title 4). Revision filed 91847 (Register
No. 9).
2. Repealer filed 82174; effective thirtieth day thereafter (Register 74, No. 34).
3. Amendment of NOTE filed 11232004; operative 12232004 (Register 2004, No. 48).
2265. General.
NOTE: Authority cited: Sections 14001, 14007, 14008 and 14010, Government Code, and
Sections 20 and 50, Streets and Highways Code.
HISTORY
1. Amendment filed 8773 as procedural and organizational; effective upon filing (Register 73, No. 32).
2. Repealer filed 82174; effective thirtieth day thereafter (Register 74, No. 34).
2266. Enforcement.
NOTE: Authority cited: Sections 5250, 5251 and 5415, Business and Professions Code.
2267
Page 50
HISTORY
1. Amendment filed 8773 as procedural and organizational; effective upon filing (Register 73, No. 32).
2. Repealer of NOTE and new NOTE filed 72277 as procedural and organizational; effective upon filing (Register 77, No. 30).
3. Repealer filed 92099; operative 102099 (Register 99, No. 39).
Page 51
2271
for 60 days after notice from the Department, it remains damaged and is not used
for the purpose of outdoor advertising in the configuration (size, Facings, location,
structure) approved by the Department.
(b) When the Department becomes aware of or identifies a damaged Display,
the Department mails a written notice by certified mail to the Permittee beginning
the 60day time period for the Permittee to refurbish, replace, rebuild, or reerect
in kind or smaller the damaged Display and to place advertising copy. An available
for lease or similar message that identifies the advertising availability of the
Display on which the message is placed is advertising copy as long as the message
contains a valid telephone number or address to contact for information, if the
display has been otherwise refurbished, replaced, rebuilt, or reerected in kind.
Refurbishing, replacing, rebuilding or reerecting shall be to the approved
characteristics as recorded in the departments records for the Display. This notice
is not necessary if the Permittee has completed repair back to the approved
characteristics prior to notice being issued by the Department.
(c) The Permittee has until the end of the 60day time period identified in the
Departments notice to repair, replace, rebuild, or reerect in kind the damaged
nonconforming Display and place advertising copy. Upon receiving written notice
from the Permittee showing good cause prior to the 60th or last day of the time
period, the Department may extend the established time period not to exceed a total
of six months. In such case, the Department shall issue a written response
identifying by what date the work must be completed.
(d) When the Display is not restored and advertising is not placed before the
last day of established time period, the Displays customary maintenance is ended
and the Display is deemed destroyed. When the Display is deemed destroyed, the
permit is revoked, subject to appeal and the remains of the Display are subject to
removal under the violation process in Chapter 3.6, commencing with section 2440
in Title 4 of the California Code of Regulations. After the permit is revoked, a
permit may not be issued for the location unless the Display conforms to all laws
and regulations in effect at the time of application. The last Permittee is responsible
for the removal of all remnants of the destroyed Display.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5225 and 5463, Business and Professions Code; and 23 CFR 750.707(d)(6)(i).
HISTORY
1. New section filed 62576; effective thirtieth day thereafter (Register 76, No. 26).
2. Amendment of NOTE filed 72277 as procedural and organizational; effective upon filing (Register 77, No. 30).
3. Repealer and new section filed 92099; operative 102099 (Register 99, No. 39).
4. Amendment of section heading and subsections (a)(b) and (d) filed 11232004; operative 12232004 (Register 2004, No. 48).
2272
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Page 53
2400
HISTORY
1. Repealer of subchapter 2 (Sections 23002307, inclusive) and new subchapter 2 (Sections 23002308, inclusive) filed 82174; effective thirtieth day thereafter (Register 74,
No. 34). For prior history, see Register 73, No. 32.
2. Repeater of NOTE and new NOTE filed 72277 as procedural and organizational; effective upon filing (Register 77, No. 30).
3. Repealer and new section filed 92099; operative 102099 (Register 99, No. 39).
4. Amendment filed 11232004; operative 12232004 (Register 2004, No. 48).
2301. Definitions.
HISTORY
1. Repealer filed 92099; operative 102099 (Register 99, No. 39).
2308. Exclusions.
HISTORY
1. Repealer filed 92099; operative 102099 (Register 99, No. 39).
2401
Page 54
2. Amendment filed 82174; effective thirtieth day thereafter (Register 74, No. 34).
3. Amendment of chapter heading, section and NOTE filed 92099; operative 102099
(Register 99, No. 39).
Figure 2
(c) An activity is located within 1,000 feet of the right of way and includes
all buildings, structures, and related commercial and industrial uses, such as a
driveway or a parking lot.
(d) Examples of activities not considered commercial or industrial include, but
are not limited to, the following:
(1) A Display.
(2) Agricultural, forestry, grazing, farming and related activities, including, but
not limited to wayside fresh produce stand vending.
(3) A commercial or industrial activity that is unbuilt, transient, temporary, or
open for less than 100 days a year.
(4) Railroad tracks.
(5) An activity conducted in a building principally used as a residence.
(6) Any activity that does not have state or local business licenses and/or
permits which are required to legally engage in the qualifying activity.
Page 55
2403
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5205, 5223 and 5408, Business and Professions Code; 23 CFR Section 750.708;
and 23 USC Section 131.
HISTORY
1. Amendment filed 82174; effective thirtieth day thereafter (Register 74, No. 34).
2. Repealer of former section 2401 and renumbering of former section 2402 to section 2401,
including amendment of section heading, section and NOTE, filed 92099; operative
102099 (Register 99, No. 39).
3. New subsection (d)(6) filed 11232004; operative 12232004 (Register 2004, No. 48).
2403
Page 56
Page 57
DIAGRAM 33
2403
2404
Page 58
DIAGRAM 34
Page 59
2422
2422
Page 60
Page 61
2423
2424
Page 62
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2424
(4) The Department shall issue the permit after receiving the completed
renewal application, permit fee or prorata fee, and after determining the Display
is not in violation of any provision of the Act or these regulations and an unexpired
building permit has been issued, if the display has not been constructed. Permits
issued prior to December 31, 2002, for Displays that have not been constructed or
have not obtained an unexpired building permit, will not be revoked until June 30,
2005, if the applicable city or county confirms that a building permit is being
actively considered for the Display. The Department will also review its records to
determine there is no active violation notice on record for the Display as of
December 31 of the year in which the permit expires. The permit entitles the
permittee to place the permitted display for the term of the permit, provided all pro
rata fees are timely received.
(5) If the Department fails to issue a permit according to this Chapter and the
Act within one year after receiving a complete and valid renewal application and
required fees, the permit is considered renewed for the year of the renewal
application. An applicant shall provide a certified mail receipt or signed
acknowledgment of receipt by a Department representative to invoke this
provision. This section does not apply to a permit under review pursuant to Chapter
3.6 commencing with section 2424(C) in Title 4 of the California Code of
Regulations or a legal action.
(6) The following occurs when a permit is not renewed in accordance with
(a)(1) to (a)(4) of this section:
(A) The Department provides written notice by certified mail to the Permittee
at the address on record at least 30 days before the cancellation date indicating the
permit is expired, is not in compliance with the Act, or the permit fee or the prorata
fee is not received. However, the permit may be renewed with a penalty fee.
(B) The Permittee has until December 31 of the first year following the
expiration of the permit to return the renewal application, permit fee or prorata fee,
and penalty fee or notify the Department to cancel the permit because the Display
has been removed.
(C) The Department issues the permit after receiving the completed renewal
application, permit fee or prorata fee, and after determining the Display is not in
violation of any provision of the Act or these regulations. The Department will also
review its records to determine if there is no active violation notice on record for
the Display as of December 31 of the year in which the permit expires.
(D) When the Permittee fails to comply with subsection (6)(B), the permit is
not renewable and the Director shall notify the permittee by certified mail that the
permit will be revoked in thirty (30) days. Any permittee served with a notice of
revocation may appeal this decision in accordance with the provisions of section
2425
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Page 65
2440
address. If the mailing address contains a P.O. Box, a street address of the
Permittees principal place of business shall also be provided.
(b) The licensee shall maintain on file with the Department one persons name
as defined in Section 5219 of the Act and one mailing address. If the mailing address
contains a P.O. Box, a street address of the licensees principal place of business
for outdoor advertising activities shall also be provided.
(c) When there is a change in the name, the mailing address, or the street address
of the principal place of business, the Permittee or licensee shall notify the
Department, in writing, not later than 30 days following the change.
(d) If the Permittee or licensee fails to notify the Department of a change in
address, the mailing of any Departmental notice is effective when mailed to the last
address on file. When the notice is to revoke a permit or a license, that notice is
maintained on record with the Department for one year.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Section 5350, Business and Professions Code.
HISTORY
1. New section filed 92099; operative 102099 (Register 99, No. 39).
2. Amendment of subsection (d) filed 11232004; operative 12232004 (Register 2004,
No. 48).
2441
Page 66
HISTORY
1. New chapter 3.6 (sections 24402443) and section filed 92099; operative 102099
(Register 99, No. 39).
Page 67
2443
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5400, 5463, 5482 and 5485, Business and Professions Code; and 23 U.S.C. Section
131(r)(1) and (2).
HISTORY
1. New section filed 92099; operative 102099 (Register 99, No. 39).
2. Amendment of section and NOTE filed 11232004; operative 12232004 (Register
2004, No. 48).
2444
Page 68
(b) Any permittee served with a notice of revocation may appeal this decision
pursuant to the provisions of section 2241(b) of these Regulations, unless the
permittee has previously appealed a violation notice based on the same facts.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5301, 5302, 5354, 5360, 5440, 5463, 5484 and 5485, Business and Professions
Code; 23 U.S.C. Section 131(r)(1) and (2); and 23 C.F.R. 750.707.
HISTORY
1. New section filed 92099; operative 102099 (Register 99, No. 39).
2. Redesignation of former first paragraph and subsections (a)(f) as new subsections
(a)(a)(6), new subsection (f) and amendment of newly designated subsections (a)(3) and
(a)(6) filed 11232004; operative 12232004 (Register 2004, No. 48).
Page 69
2451
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5301 and 5463, Business and Professions Code.
HISTORY
1. New section filed 11232004; operative 12232004 (Register 2004, No. 48).
2452
Page 70
Page 71
2504
2. Renumbering of former section 2455 to section 2452 filed 92099; operative 102099
(Register 99, No. 39).
2501. Severability.
If any provision, clause, or application of this chapter to a person or
circumstance is held invalid, the invalidity does not affect other provisions or
applications of the chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are severable.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5440 and 5442, Business and Professions Code.
HISTORY
1. Amendment of section and NOTE filed 92099; operative 102099 (Register 99, No.
39).
2502. Definitions.
HISTORY
1. Repealer filed 92099; operative 102099 (Register 99, No. 39).
2505
Page 72
Page 73
2508
HISTORY
1. Repealer of former section 2505 and renumbering of former section 2509 to section 2505,
including amendment of section heading and section and new NOTE, filed 92099; operative 102099 (Register 99, No. 39).
2. Amendment of subsections (a) and (c) and amendment of NOTE filed 11232004; operative 12232004 (Register 2004, No. 48).
2509
Page 74
1,000 feet in length, is alive, exhibits healthy growth characteristics, and the
Highway Planting Project is Accepted by the Department.
(b) The Planting will require reasonable maintenance. That means a plant
which, when planted, requires maintenance on a regular basis to maintain it in a
healthy and attractive condition. The fact that as a plant matures it may require less
maintenance than when first planted is not interpreted to mean it does not require
reasonable maintenance. As used herein, maintenance means any of the following:
watering, fertilizing, spraying, cultivating, pruning, cutting, mowing, replacing,
weed control, washing, pest control, disease control, litter removal, or other similar
plant care procedures.
(c) Functional planting does not change the character of the freeway to a
landscaped freeway. Functional planting means vegetation primarily for soil
erosion control, traffic safety, reduction of fire hazards, and traffic noise abatement
or other nonornamental purposes. A single row of plantings in the median shall
be considered a functional planting.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5216 and 5440, Business and Professions Code.
HISTORY
1. Repealer of former section 2508 and renumbering of former section 2512 to section 2508,
including amendment of section and new NOTE, filed 92099; operative 102099
(Register 99, No. 39).
2. Amendment of subsection (c) and amendment of NOTE filed 11232004; operative
12232004 (Register 2004, No. 48).
2510. Records.
The Chief Landscape Architect shall maintain, as a public record, a register of
the county, route and post mile or kilometer post of the freeways or sections of
freeways classified as a landscaped freeway by the Department. Identification
markers may be placed and maintained by the Department at the boundaries of a
landscaped freeway section.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Section 5216, Business and Professions Code.
Page 75
2512
HISTORY
1. Renumbering of former section 2510 to section 2506 and renumbering of former section
2514 to section 2510, including amendment of section and new NOTE, filed 92099; operative 102099 (Register 99, No. 39).
2513
Page 76
identify the section of freeway by county, route and post mile or kilometer post; and
(4) shall contain a detailed statement of reasons supporting the proposed freeway
classification or declassification.
(b) Within 60 days after receiving the written request, a Landscape Architect
shall inspect the freeway or section of freeway covered by the request. All findings
made during this inspection are presented to the Chief Landscape Architect, who
shall determine whether to reclassify the freeway section. The determination of
whether to reclassify is based upon whether the freeway section meets the criteria
of the Act and these regulations on the date of determination. A field review need
not be made if a review has taken place within two years of the date of the request,
unless the request specifies major changes have occurred within the two years
preceding the request.
(c) Within 90 days after receiving a request for reclassification, the person
making the request is notified in writing by the Chief Landscape Architect of the
determination and the reasons therefore. If the request is not granted, the person
making the request may appeal this determination to the Deputy Director Project
Development pursuant to the provisions of section 2241(b) of these regulations.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Section 5216, Business and Professions Code.
HISTORY
1. Renumbering of former section 2512 to section 2508 and renumbering of former section
2516 to section 2512, including amendment of section and new NOTE, filed 92099; operative 102099 (Register 99, No. 39).
2. Amendment of subsection (c) filed 11232004; operative 12232004 (Register 2004,
No. 48).
Page 77
2519
(1) Traffic Count. Comparing the difference between the average daily traffic
count for the landscaped freeway and the other freeway or highway.
(2) Angle. The angle of placement of the Display.
(3) Visual Approach Distance. The distance the Display is legible measured
along each freeway or highway it is visible from.
(4) Height. Whether the Displays height makes the Display legible to more
motorists on one freeway or highway or legible to motorists for a longer period of
time on one freeway or highway.
(5) Relative Size. The prominence the Display has from each freeway or
highway.
(6) Copy. Does the advertising message, or have past advertising messages,
give specific directions for persons on only one freeway or highway.
(7) Owners Representations. Has the Display been represented by the owner
to be viewed primarily by persons traveling on one freeway or highway.
NOTE: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference:
Sections 5216 and 5440, Business and Professions Code.
HISTORY
1. Renumbering of former section 2513 to section 2509 and renumbering of former section
2517 to section 2513, including amendment of section and new NOTE, filed 92099; operative 102099 (Register 99, No. 39).
2. Amendment of subsection (c) filed 11232004; operative 12232004 (Register 2004,
No. 48).
2514. Records.
HISTORY
1. Renumbering of former section 2514 to section 2510 filed 92099; operative 102099
(Register 99, No. 39).
NIL
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