CHAPTER 2. Advertisers [5200. - 5486.]

Chapter 2 repealed and added by Stats. 1970, Ch. 991.

§§ 5200–5486 · 132 sections

1. ARTICLE 1. General Provisions §§ 5200–5231 · 37 sections

   • § 5200 This chapter of the Business and Professions Code constitutes the chapter on advertisers. It may be cited as the Outdoor Advertising Act.
   • § 5201 Unless the context otherwise requires, the general provisions set forth in this article govern the construction of this chapter.
   • § 5202 “Advertising display” refers to advertising structures and to signs.
   • § 5203 “Advertising structure” means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill,…
   • § 5204 “Bonus segment” means any segment of an interstate highway which was covered by the Federal Aid Highway Act of 1958 and the Collier-Z'berg Act, namely, any…
   • § 5205 “Business area” means an area within 1,000 feet, measured in each direction, from the nearest edge of a commercial or industrial building or activity and which…
   • § 5206 “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…
   • § 5208 “Collier-Z'berg Act” refers to Chapter 128, Statutes of 1964 (First Extraordinary Session).
   • § 5208.6 “Department” means the Department of Transportation.
   • § 5209 “Director” refers to the Director of Transportation of the State of California.
   • § 5210 “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.
   • § 5211 “Flashing” is a light or message that changes more than once every four seconds.
   • § 5212 “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…
   • § 5213 “Highway” includes roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and…
   • § 5214 “Highway Beautification Act of 1965” refers to Section 131 of Title 23 of the United States Code, as in effect October 22, 1965.
   • § 5215 “Interstate highway” means any highway at any time officially designated as a part of the national system of interstate and defense highways by the director…
   • § 5216 (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…
   • § 5216.1 “Lawfully erected” means, in reference to advertising displays, advertising displays which were erected in compliance with state laws and local ordinances in…
   • § 5216.3 “Main-traveled 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…
   • § 5216.4 “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” is an advertising display that was lawfully placed, but that does not conform to the provisions of this chapter, or the…
   • § 5216.6 (a) “Officially designated scenic highway or scenic byway” is any state highway that has been officially designated and maintained as a state scenic highway…
   • § 5218 “Penalty segment” means any segment of a highway located in this state which was not covered by the Federal Aid Highway Act of 1958 and the Collier-Z'berg Act…
   • § 5219 “Person” includes natural person, firm, cooperative, partnership, association, limited liability company, and corporation.
   • § 5220 “Primary highway” means any highway, other than an interstate highway, designated as a part of the federal-aid primary system in existence on June 1, 1991, and…
   • § 5221 “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…
   • § 5222 “660 feet from the edge of the right-of-way” means 660 feet measured from the edge of the right-of-way horizontally along a line normal or perpendicular to the…
   • § 5222.1 “State highway system” means the state highway system as described in Section 300 of the Streets and Highways Code.
   • § 5223 “Unzoned commercial or industrial area” means an area not zoned under authority of state law in which the land use is characteristic of that generally…
   • § 5224 “Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.
   • § 5225 The verb, “to place” and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting,…
   • § 5226 The regulation of advertising displays adjacent to any interstate highway or primary highway as provided in Section 5405 is hereby declared to be necessary to…
   • § 5227 It is the intention of the Legislature to occupy the whole field of regulation by the provisions of this chapter except that nothing in this chapter prohibits…
   • § 5228 It is declared to be the intent of the Legislature in enacting the provisions of this chapter regulating advertising displays adjacent to highways included in…
   • § 5229 The provisions of this chapter shall not be construed to permit a person to place or maintain in existence on or adjacent to any street, road or highway,…
   • § 5230 The governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing…
   • § 5231 The governing body of any city or city and county may enact ordinances requiring licenses or permits, or both, in addition to those imposed by this chapter,…
2. ARTICLE 2. Administration §§ 5250–5254 · 5 sections

   • § 5250 The director may make orders and regulations for the enforcement of this chapter and may authorize the Department of Transportation to enforce its provisions.
   • § 5251 Regulations promulgated by the director prior to November 8, 1967, concerning interstate highways constructed upon rights-of-way, the entire width of which was…
   • § 5252 The director shall prescribe the form of all applications, licenses, permits and other appurtenant written matter.
   • § 5253 The director shall furnish requisite forms for applications, licenses and permits provided for in this chapter and may appoint a representative or agent in…
   • § 5254 The director may enforce the penalties for failure to comply with the provisions of this chapter.
3. ARTICLE 3. Application of Chapter §§ 5270–5275 · 11 sections

   • § 5270 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…
   • § 5271 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…
   • § 5272 (a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display…
   • § 5272.1 (a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 and 5404, inclusive, nothing contained in this chapter applies to any…
   • § 5272.2 (a) With the exception of Article 4 (commencing with Section 5300) and Sections 5400 to 5404, inclusive, this chapter does not apply to any advertising display…
   • § 5272.5 The department shall, when renegotiating an agreement with the Federal Highway Administration on the state’s obligations pursuant to the Highway Beautification…
   • § 5273 (a) Notwithstanding the dissolution of a state redevelopment agency and subject to subdivision (b), for purposes of this chapter, an advertising display…
   • § 5273.1 (a) Notwithstanding Section 5273 and the dissolution of a state redevelopment agency, and subject to subdivision (b), for purposes of this section, an…
   • § 5273.5 (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…
   • § 5274 (a) None of the provisions of this chapter, except those in Article 4 (commencing with Section 5300), Sections 5400 to 5404, inclusive, and subdivision (d) of…
   • § 5275 Notwithstanding any other provision of this chapter, the director may not regulate noncommercial, protected speech contained within any advertising display…
4. ARTICLE 4. Licenses §§ 5300–5303 · 4 sections

   • § 5300 (a) A person engages in the business of outdoor advertising whenever, personally or through employees, that person places an advertising display, changes the…
   • § 5301 No person shall engage in or carry on the business or occupation of outdoor advertising without first having paid the license fee provided by this chapter. The…
   • § 5302 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…
   • § 5303 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…
5. ARTICLE 6. Permits §§ 5350–5367 · 16 sections

   • § 5350 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…
   • § 5351 Every person desiring a permit to place any advertising display shall file an application with the director or with his authorized agent.
   • § 5353 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…
   • § 5354 (a) The applicant for any permit shall offer written evidence that both the owner or other person in control or possession of the property upon which the…
   • § 5355 An application for a permit to place a display shall contain a description of the display, including its material, size, and subject and the proposed manner of…
   • § 5357 If the applicant for a permit is engaged in the outdoor advertising business, the application shall contain the number of the license issued by the director.
   • § 5358 When the application is in full compliance with this chapter and if the advertising display will not be in violation of any other state law, the director or…
   • § 5359 (a) The issuance of a permit for the placing of an advertising display includes the right to change the advertising copy without obtaining a new permit and…
   • § 5360 (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…
   • § 5361 Each permit provided in this chapter shall carry an identification number and shall entitle the holder to place the advertising display described in the…
   • § 5362 No person shall place any advertising display unless there is securely fastened upon the front thereof an identification number plate of the character…
   • § 5363 Identification number plates shall be furnished by the director. Identification number plates shall bear the identification number of the advertising display…
   • § 5364 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…
   • § 5365 When a highway within an incorporated area is designated as an interstate or a primary highway, each advertising display maintained adjacent to such highway…
   • § 5366 The issuance of a permit pursuant to this chapter does not allow any person to erect an advertising display in violation of any ordinance of any city, county,…
   • § 5367 The department shall not deny or delay the acceptance of a permit application for a new advertising display along a portion of a new alignment of an interstate…
6. ARTICLE 7. Regulations §§ 5400–5419 · 32 sections

   • § 5400 No advertising structure may be maintained unless the name of the person owning or maintaining it, is plainly displayed thereon.
   • § 5401 No advertising structure shall be placed unless it is built to withstand a wind pressure of 20 pounds per square foot of exposed surface. Any advertising…
   • § 5402 No person shall display or cause or permit to be displayed upon any advertising structure or sign, any statements or words of an obscene, indecent or immoral…
   • § 5403 No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the…
   • § 5404 No advertising display shall be placed outside of any business district as defined in the Vehicle Code or outside of any unincorporated city, town or village,…
   • § 5405 Notwithstanding any other provision of this chapter, no advertising display shall be placed or maintained within 660 feet from the edge of the right-of-way of,…
   • § 5405.3 Nothing in this chapter, including, but not limited to, Section 5405, shall prohibit the placing of temporary political signs, unless a federal agency…
   • § 5405.5 In addition to those displays permitted pursuant to Section 5405, displays erected and maintained pursuant to regulations of the director, which will not be in…
   • § 5405.6 Notwithstanding any other provision of law, no outdoor advertising display that exceeds 10 feet in either length or width, shall be built on any land or…
   • § 5406 The provisions of Sections 5226 and 5405 shall not apply to bonus segments which traverse and abut on commercial or industrial zones within the boundaries of…
   • § 5407 The provisions of Sections 5226 and 5405 shall not apply to penalty segments which are located, or which are to be located, in business areas and which comply…
   • § 5408 In addition to the advertising displays permitted by Section 5405 to be placed within 660 feet of the edge of the right-of-way of interstate or primary…
   • § 5408.1 (a) No advertising display shall be placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway if such…
   • § 5408.2 Notwithstanding any other provision of this chapter, an advertising display is a lawfully erected advertising display and, upon application and payment of the…
   • § 5408.3 Notwithstanding Section 5408, a city or a county with land use jurisdiction over the property may adopt an ordinance that establishes standards for the spacing…
   • § 5408.5 In addition to the advertising displays permitted by Sections 5405 and 5408, advertising displays located on bus passenger shelters or benches and conforming…
   • § 5408.7 (a) It is the intent of the Legislature that this section shall not serve as a precedent for other changes to the law regarding outdoor advertising displays…
   • § 5410 Any advertising display located within 660 feet of the edge of the right-of-way of, and the copy of which is visible from, any penalty segment, or any bonus…
   • § 5412 Notwithstanding any other provision of this chapter, no advertising display which was lawfully erected anywhere within this state shall be compelled to be…
   • § 5412.1 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…
   • § 5412.2 A city 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…
   • § 5412.3 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…
   • § 5412.4 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,…
   • § 5412.6 The requirement by a governmental entity that a lawfully erected display be removed as a condition or prerequisite for the issuance or continued effectiveness…
   • § 5413 Prior to commencing judicial proceedings to compel the removal of an advertising display, the director may elect to negotiate with the person entitled to…
   • § 5414 Proceedings to compel the removal of displays and to determine the compensation required by this chapter shall be conducted pursuant to Title 7 (commencing…
   • § 5415 The director shall prescribe and enforce regulations for the erection and maintenance of advertising displays permitted by Sections 5226, 5405, and 5408…
   • § 5416 The director shall seek, and may enter into, agreements with the Secretary of Transportation of the United States and shall take such steps as may be necessary…
   • § 5417 From state funds appropriated by the Legislature for such purposes and from federal funds made available for such purposes, the California Transportation…
   • § 5418 The California Transportation Commission is authorized to allocate sufficient funds from the State Highway Account in the State Transportation Fund that are…
   • § 5418.1 When allocating funds pursuant to Section 5418, the commission shall consider, and may designate for expenditure, all or any part of such funds in accordance…
   • § 5419 (a) The director shall seek agreement with the Secretary of Transportation of the United States, or his successor, under provisions of Section 131 of Title 23…
7. ARTICLE 8. Landscaped Freeways §§ 5440–5443.5 · 14 sections

   • § 5440 (a) Except as otherwise provided in this article, no advertising display may be placed or maintained on property adjacent to a 1,000-foot or greater section of…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 5442.7 (a) Section 5440 does not apply to any freestanding identifying structure that is used exclusively to identify development projects, business centers, or…
   • § 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…
   • § 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…
   • § 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)…
   • § 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…
   • § 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…
   • § 5443 Nothing in this article prohibits any of the following: (a) Any city, county, or city and county from designating the districts or zones in which advertising…
   • § 5443.1 The department shall allow any lawfully erected display to be converted to or replaced with a message center at its permitted location provided the conversion…
   • § 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…
8. ARTICLE 9. Crimes and Penalties §§ 5460–5466 · 6 sections

   • § 5460 It is unlawful for any person to place or cause to be placed, or to maintain or cause to be maintained any advertising display without the lawful permission of…
   • § 5461 All advertising displays which are placed or which exist in violation of the provisions of this chapter are public nuisances and may be removed by any public…
   • § 5463 The director may revoke any license or permit for the failure to comply with this chapter and may remove and destroy any advertising display placed or…
   • § 5464 Every person as principal, agent or employee, violating any of the provisions of this chapter is guilty of a misdemeanor.
   • § 5465 The remedies provided in this chapter for the removal of illegal advertising displays are cumulative and not exclusive of any other remedies provided by law.
   • § 5466 (a) Notwithstanding any other provision of law, as to an advertising display in place as of August 12, 2004, a cause of action for the erection or maintenance…
9. ARTICLE 10. Revenue §§ 5480–5486 · 7 sections

   • § 5480 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…
   • § 5481 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…
   • § 5482 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…
   • § 5483 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…
   • § 5484 (a) The license fee is two hundred fifty dollars ($250) for an original license and for each annual renewal thereof for any applicant maintaining six or less…
   • § 5485 (a) (1) The annual permit fee for each advertising display shall be set by the director. (2) The fee shall not exceed the amount reasonably necessary to…
   • § 5486 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…