HomeMy WebLinkAbout2011-04-12 - ORDINANCES - MOBILE BILLBOARD DISPLAYS (2)ORDINANCE NO. 11-7
' 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
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.
OA
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:
1. 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
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
3. 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
3
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 12th day of April, 2011.
DATE: - it
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 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:
Kellar, Ender, Ferry, Weste, McLean
l►[ ,m --
None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 11-7 and was
published in The Signal newspaper in accordance with State Law (G.C. 40806).
W
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss. '
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL ORDINANCE
I, City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Ordinance 11-7, adopted by the City
Council of the City of Santa Clarita, CA on April 12, 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
Deputy City Clerk
0