HomeMy WebLinkAbout2011-04-12 - AGENDA REPORTS - MOBILE BILLBOARD DISPLAYS (2)CONSENT CALENDAR
DATE:'
SUBJECT:
DEPARTMENT:
Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
April 12, 2011
SECOND READING OF AN ORDINANCE ADDING CHAPTER
12.84 OF TITLE 12 TO THE SANTA CLARITA MUNICIPAL
CODE PERTAINING TO THE REGULATION OF MOBILE
BILLBOARD ADVERTISING DISPLAYS
Community Development
RECOMMENDED ACTION
City Council conduct a second reading and adopt an ordinance entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADDING CHAPTER 12.84 OF
TITLE 12 TO THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO THE
REGULATION OF MOBILE BILLBOARD ADVERTISING DISPLAYS" adding chapter 12.84
to the Santa Clarita Municipal Code pertaining to the regulation of mobile billboard advertising
displays.
BACKGROUND
At the regular meeting of the City Council on March 22, 2011, the City Council passed to a
second reading an ordinance adding Chapter 12.84 regarding Mobile Billboard Advertising
Displays.
The current Municipal Code sections pertaining to signs attached to trailers or other vehicles is
vague and provides little real enforcement power for the City's Parking Enforcement staff as well
as the Los Angeles County Sheriffs Department.
These trailer signs, also known as Mobile Billboard Advertising Displays, have recently become
a concern due to the influx of these vehicles scattered in the areas of Newhall and Canyon
Country. The Mobile Billboard Advertising Displays are dropped off on the street by the
businesses and left for hours and days at a time. These displays are not only a visual blight, but
also.pose significant hazards for motorists that are forced to veer around them into the next lane
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of traffic, or forced to come to sudden stops when these unhitched trailers are pushed into traffic
lanes by the wind or by vandals. Mobile Billboard Advertising Displays are also prone to being
tagged with graffiti due to the amount of time they are left out and their location on public
streets. In addition, the displays have been observed in Downtown Newhall taking up parking
spaces and obscuring pedestrian and driver visibility at the location.
Current Municipal Code that addresses signs in the right of way is inadequate due to the nature of
Mobile Billboard Advertising Displays being on trailers. As such, the trailers fall under the
California Vehicle Code for enforcement. Detached trailers are violations of section 12.64. 100
of the Santa Clarita Municipal Code and subject to a $50 fine. In order to be towed from the
public streets, California Vehicle Code Sections 22507(a) and 22651(n) requires signs or
markings to be placed adjacent to where the trailers are located on the street. Additionally, the
Mobile Billboard Advertising Displays are being moved every seventy two (72) hours to avoid
being towed under Santa Clarita Municipal Code Section 12.64.200. The frequent movement of
the displays to different locations results in multiple complaints from the public.
On September 30, 2010, the Governor of California signed into law AB 2756, which allows
municipalities to regulate the mobile billboard advertising displays. The changes made to the
California Vehicle Code are required to be adopted by the City in order to take effect. This
adoption of the ordinance will do the following:
It removes the requirement of posting warning signs throughout the community in order to
tow the mobile billboard advertising displays
It reduces the need for multiple citations or a seventy two hour (72) hour period to remove
the display to twenty four (24) hours and a single warning citation
It makes the violation a misdemeanor which allows for fines and possible jail time for
offenders
This change in the Municipal Code will provide a deterrent to individuals who wish to use the
public right of way as a location for advertising their goods or services. The process to enforce
this code will involve warning citations from parking enforcement staff for the initial violation.
Subsequent violations will result in immediate removal of the mobile billboard advertising
display and then court action, should the violations persist.
ALTERNATIVE ACTIONS
Other actions as determined by Council.
FISCAL IMPACT
No Fiscal impact by this action.
ATTACHMENTS
Ordinance
ORDINANCE NO.
AN ORDINANCE OF' THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA ADDING
CHAPTER 12.84 OF TITLE 12 OF THE CITY OF SANTA
CLARITA MUNICIPAL CODE PERTAINING TO THE
REGULATION OF MOBILE BILLBOARD
ADVERTISING DISPLAYS
WHEREAS, the City has experienced an increase in mobile billboard advertising
displays which are attached to vehicles or trailers that are then driven to a location where they
are detached and parked on City streets for hours, and often several days; and
WHEREAS, mobile billboard advertising displays are not only a visual blight, but
also pose significant safety hazards when motorists are forced to veer around them into the
next lane of traffic, or forced to come to sudden stops when these unhitched trailers are
pushed into traffic lanes by the wind or by vandals; and
o
WHEREAS, mobile billboard advertising displays reduce available on -street
parking and impair the visibility of pedestrians and drivers; and
WHEREAS, mobile billboard advertising displays are a public nuisance that are
routinely vandalized, diminishing the aesthetic appearance of the City and the quality of life
of its residents; and
WHEREAS, the California Legislature has amended Section 21100 of the California
Vehicle Code to allow local authorities to adopt rules and regulations by ordinance or
resolution regulating mobile billboard advertising displays, as defined in Section 395.5 of the
California Vehicle Code, including the establishment of penalties, which may include, but are
not limited to, removal of the mobile billboard advertising display and misdemeanor criminal
penalties, for a violation of the ordinance or resolution; and
WHEREAS, the California Legislature has amended Subdivision (v)(1) of Section
22651 of the California Vehicle Code to allow a peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly
employed and salaried employee, who is engaged in directing traffic or enforcing parking
laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is
located, to remove a vehicle located within the territorial limits when a vehicle is a mobile
billboard advertising display, as defined in Section 395.5 of the California Vehicle Code, and
is parked or left standing in violation of a local resolution or ordinance adopted pursuant to
Subdivision (m) of Section 21100, if the registered owner of the vehicle was previously
issued a warning citation for the same offense; and
WHEREAS, the California Legislature has amended Subdivision (v)(2) of Section
22651 of the California Vehicle Code, notwithstanding Subdivision (a) of Section 22507, to
allow a city or county, in lieu of posting signs noticing a local ordinance prohibiting mobile
billboard advertising displays adopted pursuant to Subdivision (m) of Section 21100, to
provide notice by issuing a warning citation advising the registered owner of the vehicle that
he or she may be subject to penalties upon a subsequent violation of the ordinance, that may
include the removal of the vehicle as provided in paragraph (1) of Subdivision (v) of Section
22651; and
WHEREAS, the California Legislature has amended Subdivision (v) (2) of Section
22651 of the California Vehicle Code so that a city or county is not required to provide
further notice for a subsequent violation prior to the enforcement of penalties for a violation
of a local ordinance as authorized under Subdivision (m) of Section 21100 of the California
Vehicle Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA ORDAINS AS FOLLOWS:
SECTION 1. Chapter 12.84 is added to Title 12, of the Santa Clarita Municipal Code to
read as follows:
CHAPTER 12.84
REGULATION OF MOBILE BILLBOARD ADVERTISING DISPLAYS.
12.84.010 Definitions
12.84.020 Mobile Billboard Advertising Displays Prohibited
12.84.030 Removal of Mobile Billboard Advertising Displays Authorized
12.84.040 Post Storage Impound Hearing
12.84.050 Violations and Penalties
12.84.010 Definitions
"Mobile Billboard Advertising Display" means an advertising display that is attached to a
wheeled, mobile, non- motorized vehicle, that carries, pulls, or transports a sign or billboard,
and is for the primary purpose of advertising in accordance with section 395.5 of the
California Vehicle Code and sections amendatory or supplementary thereto.
12.84.020 Mobile Billboard Advertising Displays Prohibited.
It shall be unlawful for any person to park a Mobile Billboard Advertising Display on any
public street or public lands in the City of Santa Clarita.
12.84.030 Removal of Mobile Billboard Advertising Displays Authorized.
Pursuant to Section 22651, Subdivision (v), of the California Vehicle Code and sections
amendatory or supplementary thereto, any peace officer, or any regularly employed and
salaried employee of the City, who is engaged in directing traffic or enforcing parking laws
and regulations in which the Mobile Billboard Advertising D isplay is located may remove
the Mobile Billboard Advertising Display located within the territorial limits of the City
when the Mobile Billboard Advertising Display is found upon any public street or any public
lands, if all of the following requirements are satisfied:
When a vehicle is a Mobile Billboard Advertising Display and is parked or
left standing in violation of this Code, if the registered owner of the vehicle
I/
was previously issued a warning citation for the same offense;
2. A warning citation was issued to a first-time offender at least 24 hours prior
to the removal of the vehicle. The City is not required pursuant to Section
22651(v) (2) of the California Vehicle Code and sections amendatory or
supplementary thereto to provide further notice for a subsequent violation'
prior to enforcement; and
The warning citation advised the registered owner of the vehicle that he or
she may be subject to penalties upon a subsequent violation of the ordinance
that may include the removal of the vehicle.
12.84.040 Post Storage Impound Hearing.
Section 22852 of the California Vehicle Code applies to this Section with respect to the
removal of any Mobile Billboard Advertising Display vehicle. Section 22852 is incorporated
by reference as if set forth in full herein and provides, in summary, that whenever an
authorized member of a public agency directs the storage of a vehicle, the City shall direct
the storage operator to provide the vehicle's registered and legal owner(s) of record, or their
agent(s), with the opportunity for a post -storage hearing to determine the validity of the
storage. Notice of the storage shall be mailed or personally delivered to the registered and
legal owner(s) within 48 hours, excluding weekends, as specifically provided for under
Section 22852 of the California Vehicle Code. To receive a post -storage hearing, the
owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by
telephone within ten days of the date appearing -on the notice. The City may authorize
its own officer or employee to conduct the hearing as long as the hearing officer is not the
same person who directed the storage of the vehicle.
12.84.050 Violations and Penalties.
After the initial warning citation, a subsequent offense of this Section is a misdemeanor,
punishable by a fine of not less than Two Hundred Fifty Dollars ($250) nor more than One
Thousand Dollars ($1,000), or by imprisonment in the county. jail for not more than six
months, or by both fine and imprisonment. The City Council may establish from time to time
by resolution an increase in the amount of the fine.
SECTION 2. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,
such decision will not affect the validity of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 3. Environmental Review.
The City Council finds that this ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15060(c) (2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment) and
15061(c) (3) (the activity does not have the potential for causing a significant effect on
the environment) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3.
SECTION 4. Full Force and Effect.
This Ordinance shall be in full force and effect thirty (30) days from its passage and
adoption.
SECTION 5. Publication.
The City Clerk shall certify to the passage of this Ordinance and shall cause the same to
be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this day of ,
2011.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, certify that the
foregoing Ordinance 11- was passed and adopted by the City Council of the City
of SANTA CLARITA at a regular meeting of the Council held on the 12th day of April,
2011 and that such ordinance was adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance
and was published in The Signal newspaper in accordance with State Law
(G.C. 40806).
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SANTA CLARITA
CERTIFICATION OF
CITY COUNCIL ORDINANCE
1, , City Clerk of the City of Santa Clarita,
do hereby certify that this is a true and correct copy of the original Ordinance 11- ,
adopted by the City Council of the City of Santa Clarita, CA on , 2011,
which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
2011.
City Clerk
By
Deputy City Clerk