State Codes and Statutes

Statutes > California > Bpc > 5440-5443.5

BUSINESS AND PROFESSIONS CODE
SECTION 5440-5443.5



5440.  Except as otherwise provided in this article, no advertising
display may be placed or maintained on property adjacent to a section
of a freeway that has been landscaped if the advertising display is
designed to be viewed primarily by persons traveling on the
main-traveled way of the landscaped freeway.



5440.1.  Except as provided in Section 5442.5, no advertising
display may be placed or maintained along any highway or segment of
any interstate highway or primary highway that before, on, or after
the effective date of Section 131(s) of Title 23 of the United States
Code is an officially designated scenic highway or scenic byway.




5441.  Any advertising display which is now, or hereafter becomes,
in violation of Section 5440 shall be subject to removal three years
from the date the freeway has been declared a landscaped freeway by
the director or the director's designee and the character of the
freeway has been changed from a freeway to a landscaped freeway.




5442.  Section 5440 does not apply to any advertising structure or
sign if the advertising display is used exclusively for any of the
following purposes:
   (a) To advertise the sale or lease of the property upon which the
advertising display is placed.
   (b) To designate the name of the owner or occupant of the premises
upon which the advertising display is placed, or to identify the
premises.
   (c) To advertise goods manufactured or produced, or services
rendered, on the property upon which the advertising display is
placed.


5442.5.  Section 5440.1 does not apply to any advertising display if
the advertising display is used exclusively for any of the following
purposes:
   (a) Directional and official signs and notices, including, but not
be limited to, signs and notices pertaining to natural wonders or
scenic and historical attractions that are otherwise required or
authorized by law and conform to regulations adopted by the
department.
   (b) Signs, displays, and devices advertising the sale or lease of
real property upon which they are located.
   (c) Signs, displays, and devices, including, but not limited to,
those that may be changed at reasonable intervals by electronic
process or by remote control, advertising activities conducted on the
property on which they are located.
   (d) Signs lawfully in existence on October 22, 1965, as determined
by the department to be landmark signs, including signs on farm
structures or natural surfaces, or of historic or artistic
significance the preservation of which, in the opinion of the
department, would be consistent with the purposes of this section, as
determined by regulations adopted by the department.
   (e) Signs, displays, and devices advertising the distribution by
nonprofit organizations of free coffee to individuals traveling on
the interstate system or the primary system. For the purpose of this
subdivision, the term "free coffee" means, coffee for which a
donation may be made, but is not required.



5442.7.  (a) Section 5440 does not apply to any freestanding
identifying structure that is used exclusively to identify
development projects, business centers, or associations located
within the jurisdiction of, and sponsored by, the City of Richmond to
support economic development activities.
   (b) A structure erected pursuant to subdivision (a) shall conform
to all of the following conditions:
   (1) Not more than one identifying structure may be used by the
City of Richmond and only if approved by that city by ordinance or
resolution after a duly noticed public hearing regarding the
structure.
   (2) Placement of the structure shall not require the immediate
trimming, pruning, topping, or removal of existing trees to provide
visibility to the structure, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement of the structure.
   (3) The structure shall be generic only and shall not identify any
specific business.
   (4) No public funds may be expended to pay for the costs of the
structure.
   (5) The structure shall not cause a reduction in federal aid
highway funds as provided in Section 131 of Title 23 of the United
States Code.



5442.8.  Section 5440 does not apply to any advertising structure or
sign if the advertising display is used exclusively to identify
development projects, business centers, or associations located
within the jurisdiction of, or sponsored by, the City of Costa Mesa
to support economic development activities, if all of the following
conditions are met:
   (a) No other display is used by the city pursuant to this section.
   (b) The governing body of the city has authorized placement of the
display by an ordinance or resolution adopted following a duly
noticed public hearing regarding the display.
   (c) Placement of the display will not necessitate the immediate
trimming, pruning, topping, or removal of existing trees in order to
make the display visible or to improve its visibility, unless done as
part of the normal landscape maintenance activities that would have
been undertaken without regard to the placement of the display.
   (d) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.


5442.9.  (a) Notwithstanding Section 5440, a city described in
subdivision (b) may erect a nonconforming display if all of the
following apply:
   (1) The display is placed on property that the city has owned
since before January 1, 1995.
   (2) Not more than one additional display is added to the number of
signs within the city that do not conform to this article as of
January 1, 2000.
   (3) The display is located within the boundaries of the city.
   (4) Placement or maintenance of the display does not require the
immediate trimming, pruning, topping, or removal of existing trees to
provide visibility to the display, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement or maintenance of the display.
   (5) No public funds are required to be expended to pay for the
costs of the display.
   (6) The display does not impose additional liability on the
Department of Transportation.
   (7) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.
   (8) All proceeds received by a participating city by allowing the
erection of the nonconforming display are expended by the city solely
for parks and programs for at-risk youth.
   (9) The display does not advertise products or services which are
directed at an adult population, including, but not limited to,
alcohol, tobacco, and gambling activities.
   (b) For purposes of this section, city is any city that meets all
of the following conditions:
   (1) The city's population is 17,000 persons or less.
   (2) The city's annual budget is less than eight million dollars
($8,000,000).
   (3) The city's geographical area is less than 1.7 square miles.
   (4) The city is located in an urbanized county containing a
population of 6,000,000 or more persons.



5442.10.  (a) Notwithstanding any other provision of this chapter,
Section 5440 does not apply to any advertising display if all of the
following conditions are met:
   (1) Not more than five advertising displays, whose placement or
maintenance is otherwise prohibited under this chapter, shall be
erected and only if approved by the Oakland-Alameda County Coliseum
Authority.
   (2) All five advertising displays shall meet the 1,200 square foot
size restriction set forth in subdivision (a) of Section 5408.
However, subject to subdivision (b), three of the advertising
displays may be vertically oriented so long as those displays do not
exceed 60 feet in height and 25 feet in length, including border and
trim and excluding base or apron supports, and other structural
members.
   (3) The display area of each advertising display is measured by
the smallest square, rectangle, circle, or combination that will
encompass the display area. For purposes of this section,
embellishments and secondary signs located in the border or trim
around a display area advertising the name of the coliseum complex or
the identities of athletic teams who are licensees or lessees of all
or portions of the Oakland-Alameda County Coliseum Complex shall not
cause the border or trim areas to be included in a display face for
measurement purposes. In the case of an LED display advertising
on-premises activities at the Oakland-Alameda County Coliseum
Complex, or off-premises, noncommercial community activities, the LED
portion of the display face shall not be included for measurement
purposes.
   (4) Placement or maintenance of each advertising display does not
require the immediate trimming, pruning, topping, or removal of trees
located on a state highway right-of-way 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.
   (5) 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.
   (6) Each advertising display shall be located on the
Oakland-Alameda County Coliseum Complex property and shall comply
with the spacing requirements set forth in subdivision (d) of Section
5408, as implemented by department regulation.
   (7) 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
within the Oakland-Alameda County Coliseum Complex property, and is
not entitled to monetary compensation for the removal or relocation
even if relocation is not possible.
   (8) The display shall not cause a reduction in federal aid highway
funds as provided in Section 131 of Title 23 of the United States
Code.
   (b) For the specific purpose of this section and in accordance
with the Memorandum for Record with the Federal Highway
Administration dated January 17, 2001, upon the written request of
the Oakland-Alameda County Coliseum Authority on behalf of its
licensee or contractor seeking to erect one or more of the three
advertising displays allowed by paragraph (2) of subdivision (a)
consisting 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 Oakland-Alameda 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, Assessor's Parcel Nos. 041-3901-008 and
041-3901-009.


5442.11.  Notwithstanding any other provision of this chapter,
Section 5440 does not apply to any advertising display in the
Mid-City 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 owner-participation 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 right-of-way 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.  (a) Notwithstanding any other provision of this chapter,
Section 5440 shall not prohibit an advertising display in the City of
Los Angeles by a not-for-profit educational academy that is exempt
from taxation pursuant to Section 501(c)(3) of Title 26 of the United
States Code, if all of the following conditions are met:
   (1) The exception provided by this section is limited to only one
advertising display.
   (2) The site of the academy is located immediately adjacent to
State Highway Routes 10 and 110 in the City of Los Angeles.
   (3) The academy's curriculum focuses on providing arts and
entertainment business education.
   (4) The advertising display is constructed on the roof of the
academy's facility.
   (5) The advertising display meets the requirements set forth in
Sections 5405 and 5408.
   (6) Placement or maintenance of the advertising display does not
require the immediate trimming, pruning, topping, or removal of trees
located on a state highway right-of-way 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.
   (7) Revenues accruing to the academy from the advertising display
are used exclusively for the acquisition, operation, and improvement
of the academy.
   (b) An advertising display erected pursuant to this section shall
not advertise products or services that are directed at an adult
population, including, but not limited to, alcohol, tobacco,
gambling, or sexually explicit material.
   (c) If an advertising display erected pursuant to this section is
removed for purposes of a transportation project undertaken by the
department, the display owner shall be entitled to relocate that
advertising display with no compensation for the removal or
relocation, and the relocation shall be limited to a site on the
property of the academy specified in subdivision (a).
   (d) An advertising display erected pursuant to this section shall
not cause a reduction in federal aid highway funds, as provided in
Section 131 of Title 23 of the United States Code.
   (e) If the academy specified in subdivision (a) closes or
otherwise ceases to operate, the advertising display permitted under
this section shall no longer be authorized and shall be removed from
the property of the academy.
   (f) Notwithstanding Section 5412, if the property on which the
academy specified in subdivision (a) is sold, the seller shall remove
the billboard from the property without compensation before title to
the property is transferred to the buyer.
   (g) The academy specified in subdivision (a) shall prepare an
audit of the revenues generated by the advertising display authorized
under this section that 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 12.21A 7 (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.  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 display's 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
main-traveled 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.  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 display 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 which do not conform
to this article within the jurisdiction of a governmental entity.


State Codes and Statutes

Statutes > California > Bpc > 5440-5443.5

BUSINESS AND PROFESSIONS CODE
SECTION 5440-5443.5



5440.  Except as otherwise provided in this article, no advertising
display may be placed or maintained on property adjacent to a section
of a freeway that has been landscaped if the advertising display is
designed to be viewed primarily by persons traveling on the
main-traveled way of the landscaped freeway.



5440.1.  Except as provided in Section 5442.5, no advertising
display may be placed or maintained along any highway or segment of
any interstate highway or primary highway that before, on, or after
the effective date of Section 131(s) of Title 23 of the United States
Code is an officially designated scenic highway or scenic byway.




5441.  Any advertising display which is now, or hereafter becomes,
in violation of Section 5440 shall be subject to removal three years
from the date the freeway has been declared a landscaped freeway by
the director or the director's designee and the character of the
freeway has been changed from a freeway to a landscaped freeway.




5442.  Section 5440 does not apply to any advertising structure or
sign if the advertising display is used exclusively for any of the
following purposes:
   (a) To advertise the sale or lease of the property upon which the
advertising display is placed.
   (b) To designate the name of the owner or occupant of the premises
upon which the advertising display is placed, or to identify the
premises.
   (c) To advertise goods manufactured or produced, or services
rendered, on the property upon which the advertising display is
placed.


5442.5.  Section 5440.1 does not apply to any advertising display if
the advertising display is used exclusively for any of the following
purposes:
   (a) Directional and official signs and notices, including, but not
be limited to, signs and notices pertaining to natural wonders or
scenic and historical attractions that are otherwise required or
authorized by law and conform to regulations adopted by the
department.
   (b) Signs, displays, and devices advertising the sale or lease of
real property upon which they are located.
   (c) Signs, displays, and devices, including, but not limited to,
those that may be changed at reasonable intervals by electronic
process or by remote control, advertising activities conducted on the
property on which they are located.
   (d) Signs lawfully in existence on October 22, 1965, as determined
by the department to be landmark signs, including signs on farm
structures or natural surfaces, or of historic or artistic
significance the preservation of which, in the opinion of the
department, would be consistent with the purposes of this section, as
determined by regulations adopted by the department.
   (e) Signs, displays, and devices advertising the distribution by
nonprofit organizations of free coffee to individuals traveling on
the interstate system or the primary system. For the purpose of this
subdivision, the term "free coffee" means, coffee for which a
donation may be made, but is not required.



5442.7.  (a) Section 5440 does not apply to any freestanding
identifying structure that is used exclusively to identify
development projects, business centers, or associations located
within the jurisdiction of, and sponsored by, the City of Richmond to
support economic development activities.
   (b) A structure erected pursuant to subdivision (a) shall conform
to all of the following conditions:
   (1) Not more than one identifying structure may be used by the
City of Richmond and only if approved by that city by ordinance or
resolution after a duly noticed public hearing regarding the
structure.
   (2) Placement of the structure shall not require the immediate
trimming, pruning, topping, or removal of existing trees to provide
visibility to the structure, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement of the structure.
   (3) The structure shall be generic only and shall not identify any
specific business.
   (4) No public funds may be expended to pay for the costs of the
structure.
   (5) The structure shall not cause a reduction in federal aid
highway funds as provided in Section 131 of Title 23 of the United
States Code.



5442.8.  Section 5440 does not apply to any advertising structure or
sign if the advertising display is used exclusively to identify
development projects, business centers, or associations located
within the jurisdiction of, or sponsored by, the City of Costa Mesa
to support economic development activities, if all of the following
conditions are met:
   (a) No other display is used by the city pursuant to this section.
   (b) The governing body of the city has authorized placement of the
display by an ordinance or resolution adopted following a duly
noticed public hearing regarding the display.
   (c) Placement of the display will not necessitate the immediate
trimming, pruning, topping, or removal of existing trees in order to
make the display visible or to improve its visibility, unless done as
part of the normal landscape maintenance activities that would have
been undertaken without regard to the placement of the display.
   (d) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.


5442.9.  (a) Notwithstanding Section 5440, a city described in
subdivision (b) may erect a nonconforming display if all of the
following apply:
   (1) The display is placed on property that the city has owned
since before January 1, 1995.
   (2) Not more than one additional display is added to the number of
signs within the city that do not conform to this article as of
January 1, 2000.
   (3) The display is located within the boundaries of the city.
   (4) Placement or maintenance of the display does not require the
immediate trimming, pruning, topping, or removal of existing trees to
provide visibility to the display, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement or maintenance of the display.
   (5) No public funds are required to be expended to pay for the
costs of the display.
   (6) The display does not impose additional liability on the
Department of Transportation.
   (7) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.
   (8) All proceeds received by a participating city by allowing the
erection of the nonconforming display are expended by the city solely
for parks and programs for at-risk youth.
   (9) The display does not advertise products or services which are
directed at an adult population, including, but not limited to,
alcohol, tobacco, and gambling activities.
   (b) For purposes of this section, city is any city that meets all
of the following conditions:
   (1) The city's population is 17,000 persons or less.
   (2) The city's annual budget is less than eight million dollars
($8,000,000).
   (3) The city's geographical area is less than 1.7 square miles.
   (4) The city is located in an urbanized county containing a
population of 6,000,000 or more persons.



5442.10.  (a) Notwithstanding any other provision of this chapter,
Section 5440 does not apply to any advertising display if all of the
following conditions are met:
   (1) Not more than five advertising displays, whose placement or
maintenance is otherwise prohibited under this chapter, shall be
erected and only if approved by the Oakland-Alameda County Coliseum
Authority.
   (2) All five advertising displays shall meet the 1,200 square foot
size restriction set forth in subdivision (a) of Section 5408.
However, subject to subdivision (b), three of the advertising
displays may be vertically oriented so long as those displays do not
exceed 60 feet in height and 25 feet in length, including border and
trim and excluding base or apron supports, and other structural
members.
   (3) The display area of each advertising display is measured by
the smallest square, rectangle, circle, or combination that will
encompass the display area. For purposes of this section,
embellishments and secondary signs located in the border or trim
around a display area advertising the name of the coliseum complex or
the identities of athletic teams who are licensees or lessees of all
or portions of the Oakland-Alameda County Coliseum Complex shall not
cause the border or trim areas to be included in a display face for
measurement purposes. In the case of an LED display advertising
on-premises activities at the Oakland-Alameda County Coliseum
Complex, or off-premises, noncommercial community activities, the LED
portion of the display face shall not be included for measurement
purposes.
   (4) Placement or maintenance of each advertising display does not
require the immediate trimming, pruning, topping, or removal of trees
located on a state highway right-of-way 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.
   (5) 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.
   (6) Each advertising display shall be located on the
Oakland-Alameda County Coliseum Complex property and shall comply
with the spacing requirements set forth in subdivision (d) of Section
5408, as implemented by department regulation.
   (7) 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
within the Oakland-Alameda County Coliseum Complex property, and is
not entitled to monetary compensation for the removal or relocation
even if relocation is not possible.
   (8) The display shall not cause a reduction in federal aid highway
funds as provided in Section 131 of Title 23 of the United States
Code.
   (b) For the specific purpose of this section and in accordance
with the Memorandum for Record with the Federal Highway
Administration dated January 17, 2001, upon the written request of
the Oakland-Alameda County Coliseum Authority on behalf of its
licensee or contractor seeking to erect one or more of the three
advertising displays allowed by paragraph (2) of subdivision (a)
consisting 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 Oakland-Alameda 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, Assessor's Parcel Nos. 041-3901-008 and
041-3901-009.


5442.11.  Notwithstanding any other provision of this chapter,
Section 5440 does not apply to any advertising display in the
Mid-City 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 owner-participation 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 right-of-way 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.  (a) Notwithstanding any other provision of this chapter,
Section 5440 shall not prohibit an advertising display in the City of
Los Angeles by a not-for-profit educational academy that is exempt
from taxation pursuant to Section 501(c)(3) of Title 26 of the United
States Code, if all of the following conditions are met:
   (1) The exception provided by this section is limited to only one
advertising display.
   (2) The site of the academy is located immediately adjacent to
State Highway Routes 10 and 110 in the City of Los Angeles.
   (3) The academy's curriculum focuses on providing arts and
entertainment business education.
   (4) The advertising display is constructed on the roof of the
academy's facility.
   (5) The advertising display meets the requirements set forth in
Sections 5405 and 5408.
   (6) Placement or maintenance of the advertising display does not
require the immediate trimming, pruning, topping, or removal of trees
located on a state highway right-of-way 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.
   (7) Revenues accruing to the academy from the advertising display
are used exclusively for the acquisition, operation, and improvement
of the academy.
   (b) An advertising display erected pursuant to this section shall
not advertise products or services that are directed at an adult
population, including, but not limited to, alcohol, tobacco,
gambling, or sexually explicit material.
   (c) If an advertising display erected pursuant to this section is
removed for purposes of a transportation project undertaken by the
department, the display owner shall be entitled to relocate that
advertising display with no compensation for the removal or
relocation, and the relocation shall be limited to a site on the
property of the academy specified in subdivision (a).
   (d) An advertising display erected pursuant to this section shall
not cause a reduction in federal aid highway funds, as provided in
Section 131 of Title 23 of the United States Code.
   (e) If the academy specified in subdivision (a) closes or
otherwise ceases to operate, the advertising display permitted under
this section shall no longer be authorized and shall be removed from
the property of the academy.
   (f) Notwithstanding Section 5412, if the property on which the
academy specified in subdivision (a) is sold, the seller shall remove
the billboard from the property without compensation before title to
the property is transferred to the buyer.
   (g) The academy specified in subdivision (a) shall prepare an
audit of the revenues generated by the advertising display authorized
under this section that 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 12.21A 7 (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.  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 display's 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
main-traveled 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.  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 display 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 which do not conform
to this article within the jurisdiction of a governmental entity.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 5440-5443.5

BUSINESS AND PROFESSIONS CODE
SECTION 5440-5443.5



5440.  Except as otherwise provided in this article, no advertising
display may be placed or maintained on property adjacent to a section
of a freeway that has been landscaped if the advertising display is
designed to be viewed primarily by persons traveling on the
main-traveled way of the landscaped freeway.



5440.1.  Except as provided in Section 5442.5, no advertising
display may be placed or maintained along any highway or segment of
any interstate highway or primary highway that before, on, or after
the effective date of Section 131(s) of Title 23 of the United States
Code is an officially designated scenic highway or scenic byway.




5441.  Any advertising display which is now, or hereafter becomes,
in violation of Section 5440 shall be subject to removal three years
from the date the freeway has been declared a landscaped freeway by
the director or the director's designee and the character of the
freeway has been changed from a freeway to a landscaped freeway.




5442.  Section 5440 does not apply to any advertising structure or
sign if the advertising display is used exclusively for any of the
following purposes:
   (a) To advertise the sale or lease of the property upon which the
advertising display is placed.
   (b) To designate the name of the owner or occupant of the premises
upon which the advertising display is placed, or to identify the
premises.
   (c) To advertise goods manufactured or produced, or services
rendered, on the property upon which the advertising display is
placed.


5442.5.  Section 5440.1 does not apply to any advertising display if
the advertising display is used exclusively for any of the following
purposes:
   (a) Directional and official signs and notices, including, but not
be limited to, signs and notices pertaining to natural wonders or
scenic and historical attractions that are otherwise required or
authorized by law and conform to regulations adopted by the
department.
   (b) Signs, displays, and devices advertising the sale or lease of
real property upon which they are located.
   (c) Signs, displays, and devices, including, but not limited to,
those that may be changed at reasonable intervals by electronic
process or by remote control, advertising activities conducted on the
property on which they are located.
   (d) Signs lawfully in existence on October 22, 1965, as determined
by the department to be landmark signs, including signs on farm
structures or natural surfaces, or of historic or artistic
significance the preservation of which, in the opinion of the
department, would be consistent with the purposes of this section, as
determined by regulations adopted by the department.
   (e) Signs, displays, and devices advertising the distribution by
nonprofit organizations of free coffee to individuals traveling on
the interstate system or the primary system. For the purpose of this
subdivision, the term "free coffee" means, coffee for which a
donation may be made, but is not required.



5442.7.  (a) Section 5440 does not apply to any freestanding
identifying structure that is used exclusively to identify
development projects, business centers, or associations located
within the jurisdiction of, and sponsored by, the City of Richmond to
support economic development activities.
   (b) A structure erected pursuant to subdivision (a) shall conform
to all of the following conditions:
   (1) Not more than one identifying structure may be used by the
City of Richmond and only if approved by that city by ordinance or
resolution after a duly noticed public hearing regarding the
structure.
   (2) Placement of the structure shall not require the immediate
trimming, pruning, topping, or removal of existing trees to provide
visibility to the structure, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement of the structure.
   (3) The structure shall be generic only and shall not identify any
specific business.
   (4) No public funds may be expended to pay for the costs of the
structure.
   (5) The structure shall not cause a reduction in federal aid
highway funds as provided in Section 131 of Title 23 of the United
States Code.



5442.8.  Section 5440 does not apply to any advertising structure or
sign if the advertising display is used exclusively to identify
development projects, business centers, or associations located
within the jurisdiction of, or sponsored by, the City of Costa Mesa
to support economic development activities, if all of the following
conditions are met:
   (a) No other display is used by the city pursuant to this section.
   (b) The governing body of the city has authorized placement of the
display by an ordinance or resolution adopted following a duly
noticed public hearing regarding the display.
   (c) Placement of the display will not necessitate the immediate
trimming, pruning, topping, or removal of existing trees in order to
make the display visible or to improve its visibility, unless done as
part of the normal landscape maintenance activities that would have
been undertaken without regard to the placement of the display.
   (d) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.


5442.9.  (a) Notwithstanding Section 5440, a city described in
subdivision (b) may erect a nonconforming display if all of the
following apply:
   (1) The display is placed on property that the city has owned
since before January 1, 1995.
   (2) Not more than one additional display is added to the number of
signs within the city that do not conform to this article as of
January 1, 2000.
   (3) The display is located within the boundaries of the city.
   (4) Placement or maintenance of the display does not require the
immediate trimming, pruning, topping, or removal of existing trees to
provide visibility to the display, unless done as part of the normal
landscape maintenance activities that would have been undertaken
without regard to the placement or maintenance of the display.
   (5) No public funds are required to be expended to pay for the
costs of the display.
   (6) The display does not impose additional liability on the
Department of Transportation.
   (7) The display does not cause a reduction in federal aid highway
funds, as provided in Section 131 of Title 23 of the United States
Code.
   (8) All proceeds received by a participating city by allowing the
erection of the nonconforming display are expended by the city solely
for parks and programs for at-risk youth.
   (9) The display does not advertise products or services which are
directed at an adult population, including, but not limited to,
alcohol, tobacco, and gambling activities.
   (b) For purposes of this section, city is any city that meets all
of the following conditions:
   (1) The city's population is 17,000 persons or less.
   (2) The city's annual budget is less than eight million dollars
($8,000,000).
   (3) The city's geographical area is less than 1.7 square miles.
   (4) The city is located in an urbanized county containing a
population of 6,000,000 or more persons.



5442.10.  (a) Notwithstanding any other provision of this chapter,
Section 5440 does not apply to any advertising display if all of the
following conditions are met:
   (1) Not more than five advertising displays, whose placement or
maintenance is otherwise prohibited under this chapter, shall be
erected and only if approved by the Oakland-Alameda County Coliseum
Authority.
   (2) All five advertising displays shall meet the 1,200 square foot
size restriction set forth in subdivision (a) of Section 5408.
However, subject to subdivision (b), three of the advertising
displays may be vertically oriented so long as those displays do not
exceed 60 feet in height and 25 feet in length, including border and
trim and excluding base or apron supports, and other structural
members.
   (3) The display area of each advertising display is measured by
the smallest square, rectangle, circle, or combination that will
encompass the display area. For purposes of this section,
embellishments and secondary signs located in the border or trim
around a display area advertising the name of the coliseum complex or
the identities of athletic teams who are licensees or lessees of all
or portions of the Oakland-Alameda County Coliseum Complex shall not
cause the border or trim areas to be included in a display face for
measurement purposes. In the case of an LED display advertising
on-premises activities at the Oakland-Alameda County Coliseum
Complex, or off-premises, noncommercial community activities, the LED
portion of the display face shall not be included for measurement
purposes.
   (4) Placement or maintenance of each advertising display does not
require the immediate trimming, pruning, topping, or removal of trees
located on a state highway right-of-way 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.
   (5) 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.
   (6) Each advertising display shall be located on the
Oakland-Alameda County Coliseum Complex property and shall comply
with the spacing requirements set forth in subdivision (d) of Section
5408, as implemented by department regulation.
   (7) 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
within the Oakland-Alameda County Coliseum Complex property, and is
not entitled to monetary compensation for the removal or relocation
even if relocation is not possible.
   (8) The display shall not cause a reduction in federal aid highway
funds as provided in Section 131 of Title 23 of the United States
Code.
   (b) For the specific purpose of this section and in accordance
with the Memorandum for Record with the Federal Highway
Administration dated January 17, 2001, upon the written request of
the Oakland-Alameda County Coliseum Authority on behalf of its
licensee or contractor seeking to erect one or more of the three
advertising displays allowed by paragraph (2) of subdivision (a)
consisting 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 Oakland-Alameda 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, Assessor's Parcel Nos. 041-3901-008 and
041-3901-009.


5442.11.  Notwithstanding any other provision of this chapter,
Section 5440 does not apply to any advertising display in the
Mid-City 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 owner-participation 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 right-of-way 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.  (a) Notwithstanding any other provision of this chapter,
Section 5440 shall not prohibit an advertising display in the City of
Los Angeles by a not-for-profit educational academy that is exempt
from taxation pursuant to Section 501(c)(3) of Title 26 of the United
States Code, if all of the following conditions are met:
   (1) The exception provided by this section is limited to only one
advertising display.
   (2) The site of the academy is located immediately adjacent to
State Highway Routes 10 and 110 in the City of Los Angeles.
   (3) The academy's curriculum focuses on providing arts and
entertainment business education.
   (4) The advertising display is constructed on the roof of the
academy's facility.
   (5) The advertising display meets the requirements set forth in
Sections 5405 and 5408.
   (6) Placement or maintenance of the advertising display does not
require the immediate trimming, pruning, topping, or removal of trees
located on a state highway right-of-way 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.
   (7) Revenues accruing to the academy from the advertising display
are used exclusively for the acquisition, operation, and improvement
of the academy.
   (b) An advertising display erected pursuant to this section shall
not advertise products or services that are directed at an adult
population, including, but not limited to, alcohol, tobacco,
gambling, or sexually explicit material.
   (c) If an advertising display erected pursuant to this section is
removed for purposes of a transportation project undertaken by the
department, the display owner shall be entitled to relocate that
advertising display with no compensation for the removal or
relocation, and the relocation shall be limited to a site on the
property of the academy specified in subdivision (a).
   (d) An advertising display erected pursuant to this section shall
not cause a reduction in federal aid highway funds, as provided in
Section 131 of Title 23 of the United States Code.
   (e) If the academy specified in subdivision (a) closes or
otherwise ceases to operate, the advertising display permitted under
this section shall no longer be authorized and shall be removed from
the property of the academy.
   (f) Notwithstanding Section 5412, if the property on which the
academy specified in subdivision (a) is sold, the seller shall remove
the billboard from the property without compensation before title to
the property is transferred to the buyer.
   (g) The academy specified in subdivision (a) shall prepare an
audit of the revenues generated by the advertising display authorized
under this section that 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 12.21A 7 (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.  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 display's 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
main-traveled 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.  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 display 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 which do not conform
to this article within the jurisdiction of a governmental entity.