HomeMy WebLinkAboutOrdinances_2765 ORDINANCE NO 2765
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8 58 TO
THE REDLANDS MUNICIPAL CODE TO ESTABLISH REGULATIONS
GOVERNING 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 locations 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 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, mobile billboard advertising displays adversely affect businesses and
residents by reducing on-street parking and impair sight distances for pedestrians, cyclists and
drivers, and
WHEREAS, the California Legislature has amended Section 21100 of the California
Vehicle Code to allow cities to adopt rules and regulations by ordinance regulating mobile
billboard advertising displays, as defined in Section 395 5 of the California Vehicle Code,
including the establishment of penalties, winch may include, but are not limited to, removal of
the mobile billboard advertising display and misdemeanor criminal penalties, for a violation of
the ordinance, 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 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
I lcclerklordinances12765 Mobile billboards doe -I-
r
subject to penalties upon a subsequent violation of the ordinance, that may include the removal
of the vehicle as provided in paragraph(1)of the 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 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,
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS
Section 1. Chapter 8.58, entitled"Regulation of Mobile Billboard Advertising
Displays," is hereby added to the Redlands Municipal Code to read as follows
"CHAPTER 8 58
REGULATION OF MOBILE BILLBOARD ADVERTISING DISPLAYS
8 58 010 Definitions
8 58 020 Mobile Billboard Advertising Displays Prohibited
8 58 030 Removal of Mobile Billboard Advertising Displays Authorized
8 58 040 Post Storage Impound Hearing
8.58.050 Violations and Penalties
8 58 010 Definitions. "Mobile Billboard Advertising Display" means an
advertising display that is attached to a mobile, non-motonzed vehicle, device, or bicycle 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
8 58 020 Mobile Billboard Advertising Displays Prohibited It shall be unlawful for
any person to park a Mobile Billboard Advertising Display on any public street or City lands and
rights-of-way
8 58 030 Removal of Mobile Billboard Advertising Displays Authorized
A Pursuant to Section 22651 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 Display 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 City lands or rights-of-way if all of the
following requirements are satisfied•
I lcc1erk\0rdinances12765 Mobile billboards.doe -2-
I 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 the registered owner of the vehicle 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 this Chapter that may
include the removal of the vehicle
B Alternatively, a mobile billboard advertising display may be removed without prior
issuance of a warning citation if the City has posted signs in accordance with California Vehicle
section 22507(a), giving notice that it is unlawful to park, stand or otherwise allow to remain on
any street,and mobile billboard advertising display
8 58 040 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 public agency shall direct the storage operator to provide the vehicle's
registered and legal owner of record, or the owner's agent, 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 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 of record, or the owner's agent, must request a hearing m 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
8 58 050 Violations and Penalties After the initial warning citation, a subsequent
offense of this Chapter is a misdemeanor, punishable by a fine of not more than One Thousand
Dollars ($1,000), or by imprisonment in jail for not more than six months, or by both fine and
imprisonment"
Section 2 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 portion oftlus 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
1 lcc1erk\0rdinancesl2765 Mobile billboards.doe -3-
Section 3. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15060(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 signuficant
effect on the environment).
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect in accordance with law
Pete Aguilar, Mayor
ATTEST
Sam Irwin, ity Jerk
I 1cclerk\Ordinances12765 Mobile billboards-doe -4-
I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof,held on the 20th day of December
2011, by the following vote
AYES Councilmembers Harrison,Sean, Foster, Gardner, Mayor Aguilar
NOES None
ABSENT None
ABSTAIN None
City Clerk
CERTIFICATION
1,Sam IrMn,City Clerk of the City of Redlands,
California,do hereby certify that this Is a true and
correct copy of Ordi ance No.
which has bee ed,or a summary thereof,
in the loc r pursuant to law
City Clerk,City ed nds,Califomia
1 lcclerk\0rdinances12755 Mobile billboards-doe -5-