5270-5275
BUSINESS AND PROFESSIONS CODE
SECTION 5270-5275
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 the public highways of this state
in unincorporated areas, shall be exclusive of all other regulations
for the placing of advertising dislays 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. 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 right-of-way 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. 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 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.
(e) (1) To advertise any products, goods, or services sold by
persons on the premise of an arena pursuant to all of the following
conditions:
(A) The arena is located on public land.
(B) The arena provides a venue for professional sports on a
permanent basis.
(C) The arena has a capacity of 5,000 or more seats.
(D) The arena has an advertising display in existence before
January 1, 2009.
(E) The products, goods, or services advertised are or will be
offered for sale by persons on a regular basis during the term of an
agreement between the vendor or business whose products, goods, or
services are sold and the property owner, facility owner, or facility
operator, and the term of the agreement is a minimum of one year.
(2) An advertising display authorized pursuant to this subdivision
shall not advertise products, goods, or services directed at an
adult population, including, but not limited to, alcohol, tobacco,
gambling, or sexually explicit material.
5273. 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 10-year period for existing displays
shall commence on January 1, 1986.
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 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
agency's 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
federal-aid highway funds as provided in Section 131 of Title 23 of
the United States Code.
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 Section 5405, apply to an
on-premises advertising display that is visible from an interstate or
primary highway and located within a business center, if the display
is placed and maintained pursuant to Chapter 2.5 (commencing with
Section 5490) and meets all of the following conditions:
(1) The display is placed within the boundaries of an individual
development project, as defined in Section 65928 of the Government
Code, for commercial, industrial, or mixed commercial and industrial
purposes, as shown on a subdivision or site map approved by a city,
county, or city and county, and is developed and zoned for those
purposes.
(2) The display identifies the name of the business center, if
named.
(3) Each business identified on the display is located within the
business center and on the same side of an interstate or primary
highway where the display is located.
(4) The governing body of the city, county, or city and county has
adopted ordinances for the display pursuant to Sections 5230 and
5231 for the area where the display will be placed, and the display
meets city, county, or city and county ordinances.
(5) The display results in a consolidation of allowable displays
within the business center, so that fewer displays will be erected as
a result of the display.
(6) Placement of the display does not cause a reduction of federal
aid highway funds as provided in Section 131 of Title 23 of the
United States Code.
5275. Notwithstanding any other provision of this chapter, the
director may not regulate noncommercial, protected speech contained
within any advertising display authorized by, or exempted from, this
chapter.