reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 8 - Landscaped Freeways › Section 5442.11.

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 within the City of Los Angeles if all of the following conditions are met:
(a) Not more than four advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, may be erected if approved by the Community Redevelopment Agency of the City of Los Angeles as part of an owner-participation agreement or disposition and development agreement.
(b) All four advertising displays meet the requirements set forth in Section 5405 and 5408.
(c) Placement or maintenance of each advertising display does not require the immediate trimming, pruning, topping, or removal of trees located on a state highway right-of-way to provide visibility to the advertising display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display.
(d) No advertising display shall advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material.
(e) If any advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner is entitled to relocate that display and is not entitled to monetary compensation for the removal or relocation.
(f) The advertising display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code.
(Added by Stats. 2001, Ch. 825, Sec. 2. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 8 - Landscaped Freeways › Section 5443.

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 displays may be placed or prohibited as part of a city, county, or city and county land use or zoning ordinance.
(b) (1) Any local governmental entity from entering into a relocation agreement for any purpose, including, but not limited to, those purposes provided in Section 5412, or the department from allowing any lawfully erected display to be increased in height at its permitted location or to be relocated provided the height increase or relocation would not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code or an increase in the number of displays within the state that does not conform to this article. Any increase in height permitted under this subdivision shall not be more than that necessary to restore the visibility of the display to the main-traveled way. Relocated displays may be placed in the same or a different city, county, or city and county, and relocation agreements shall be entered into between the sign and permit owner and the local governmental entity. An advertising display relocated pursuant to this paragraph shall be deemed a placement requiring a new permit and shall comply with all of the provisions of Article 6 (commencing with Section 5350) and Article 7 (commencing with Section 5400). A relocated display shall not result in a net increase of the number of displays adjacent to landscaped freeway segments statewide.
(2) A relocated advertising display may be converted to or replaced with a message center pursuant to a relocation agreement for any purpose, including, but not limited to, the purposes provided pursuant to Section 5412. The department shall issue a permit, without any additional consideration, for any display that is being placed pursuant to a relocation agreement with another governmental entity if the relocated display conforms with the provisions of this section. An advertising display converted or replaced with a message center pursuant to this paragraph shall be deemed a placement requiring a new permit and shall comply with all the provisions of Article 6 (commencing with Section 5350) and Article 7 (commencing with Section 5400).
(Amended by Stats. 2023, Ch. 590, Sec. 1. (AB 1673) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 8 - Landscaped Freeways › Section 5443.1.

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 or replacement would not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code or an increase in the number of displays within the state that does not conform to this article. An advertising display converted or replaced with a message center pursuant to this section shall be deemed a placement requiring a new permit and shall comply with all of the provisions of Article 6 (commencing with Section 5350) and Article 7 (commencing with Section 5400).
(Added by Stats. 2023, Ch. 590, Sec. 2. (AB 1673) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 8 - Landscaped Freeways › Section 5443.5.

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 use to be relocated, subject to the approval of the public agency acquiring the property and the approval of the jurisdiction in which the display will be relocated, so long as the action of the department in allowing the relocation of the display would not cause a reduction in federal-aid highway funds, as provided in Section 131 of Title 23 of the United States Code, or an increase in the number of displays which do not conform to this article within the jurisdiction of a governmental entity.
(Amended by Stats. 1997, Ch. 473, Sec. 1. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 9 - Crimes and Penalties › Section 5460.

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 the owner or lessee of the property upon which the advertising display is located.
(Added by Stats. 1970, Ch. 991.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 9 - Crimes and Penalties › Section 5461.

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 employee as further provided in this chapter.
(Added by Stats. 1970, Ch. 991.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 9 - Crimes and Penalties › Section 5463.

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 maintained in violation of this chapter after 30 days’ written notice is forwarded by mail to the permitholder at his or her last known address. If no permit has been issued, a copy of the notice shall be forwarded by mail to the display owner, property owner, or advertiser at his or her last known address.
Notwithstanding any other provision of this chapter, the director or any authorized employee may summarily and without notice remove and destroy any advertising display placed in violation of this chapter which is temporary in nature because of the materials of which it is constructed or because of the nature of the copy thereon.
For the purpose of removing or destroying any advertising display placed in violation of this chapter, the director or the director’s authorized agent may enter upon private property.
(Amended by Stats. 2003, Ch. 594, Sec. 1. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 9 - Crimes and Penalties › Section 5464.

5464. Every person as principal, agent or employee, violating any of the provisions of this chapter is guilty of a misdemeanor.
(Added by Stats. 1970, Ch. 991.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 9 - Crimes and Penalties › Section 5465.

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.
(Added by Stats. 1970, Ch. 991.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 9 - Crimes and Penalties › Section 5466.

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 of an advertising display that violates this chapter or the laws of a local governmental entity shall not be brought by a private party against an advertising display that has been in continuous existence in its current location for a period of five years. However, if the advertising display has been illegally modified, the cause of action for the illegal modification may be brought by a private party if it is filed within five years of the date the modification was made.
(b) This section shall not apply to a cause of action brought by a governmental entity that is based on the erection or maintenance of an advertising display that violates this chapter or the laws of the governmental entity.
(Added by Stats. 2004, Ch. 529, Sec. 1. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5480.

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 political subdivision thereof for the privilege of engaging in the outdoor advertising business or placing advertising display within view of the public highways in unincorporated areas.
(Added by Stats. 1970, Ch. 991.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5481.

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 shall be deposited in the State Highway Account in the State Transportation Fund, except that 20 percent of all fees and fines collected by county clerks appointed by the director shall be retained by the county in which the fees are collected. All money received by the state from the United States pursuant to subsection (c) of Section 131 of Title 23 of the United States Code shall be deposited in the same account. All fees and fines shall be accounted for by the director in the manner provided by law.
(Amended by Stats. 1997, Ch. 152, Sec. 5. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5482.

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 director or any authorized employee pursuant to Section 5463, shall pay to the director a fine in an amount equivalent to any costs related to that removal and destruction.
(Repealed and added by Stats. 1997, Ch. 152, Sec. 7. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5483.

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 available for the administration and enforcement of this chapter upon appropriation by the Legislature or when made available pursuant to Section 13322 of the Government Code.
(Amended by Stats. 1977, Ch. 1106.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5484.

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 sign or structure permits, or both, except where the applicant has engaged in the business of outdoor advertising without a valid, unrevoked and unexpired license, the fee for any issuance of the first license thereafter is three hundred fifty dollars ($350), one hundred dollars ($100) of which is the penalty.
(b) The license fee is five hundred dollars ($500) for an original license and for each annual renewal for any applicant maintaining seven or more sign or structure permits, or both, except where the applicant has engaged in the business of outdoor advertising without a valid, unrevoked and unexpired license, the fee for any issuance of the first license thereafter is six hundred dollars ($600), one hundred dollars ($100) of which is the penalty.
(Amended by Stats. 1991, Ch. 524, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5485.

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 recover the cost of providing the service or enforcing the regulations for which the fee is charged, but in no event shall the fee exceed one hundred dollars ($100). This maximum fee shall be increased in the 2007–08 fiscal year and in the 2012–13 fiscal year by an amount equal to the increase in the California Consumer Price Index.
(3) The fee may reflect the department’s average cost, including the indirect costs, of providing the service or enforcing the regulations.
(b) If a display is placed or maintained without a valid, unrevoked, and unexpired permit, the following penalties shall be assessed:
(1) If the advertising display is placed or maintained in a location that conforms to the provisions of this chapter, a penalty of one hundred dollars ($100) shall be assessed.
(2) If the advertising display is placed or maintained in a location that does not conform to the provisions of this chapter or local ordinances, and is not removed within thirty days of written notice from the department or the city or the county with land use jurisdiction over the property upon which the advertising display is located, a penalty of ten thousand dollars ($10,000) plus one hundred dollars ($100) for each day the advertising display is placed or maintained after the department sends written notice shall be assessed.
(c) In addition to the penalties set forth in subdivision (b), the gross revenues from the unauthorized advertising display that are received by, or owed to, the applicant and a person working in concert with the applicant shall be disgorged.
(d) The department or a city or a county within the location upon which the advertising is located may enforce the provisions of this section.
(e) Notwithstanding any other provision of law, if an action results in the successful enforcement of this section, the department may request the court to award the department its enforcement costs, including, but not limited to, its reasonable attorneys’ fees for pursuing the action.
(f) It is the intent of the Legislature in enacting this section to strengthen the ability of local governments to enforce zoning ordinances governing advertising displays.
(Repealed and added by Stats. 2002, Ch. 972, Sec. 5. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2 - Advertisers › ARTICLE 10 - Revenue › Section 5486.

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 unless it is also accompanied by an application fee of three hundred dollars ($300). The application fee shall be retained by the department whether or not a permit is issued.
An applicant may request a preliminary determination as to whether a proposed structure and location would be legally eligible for a state permit upon submission of a fee of two hundred dollars ($200), one hundred dollars ($100) of which shall be credited toward an application fee for an original permit at this location if a permit is applied for within one year of the response to the request for preliminary determination.
(Amended by Stats. 1991, Ch. 524, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5490.5.

5490.5. (a) For purposes of this chapter, “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.
(b) On-premise message centers visible to traffic from any interstate or primary highway shall meet all of the following requirements:
(1) The display may not include any message that is in motion or appears to be in motion.
(2) The display may not change the intensity of illumination.
(3) The display may not change the message more than once every four seconds.
(Added by Stats. 2000, Ch. 787, Sec. 12. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5491.

5491. Notwithstanding any provision of Chapter 2 (commencing with Section 5200), except as provided in this chapter, no on-premises advertising display which is used for any of the purposes set forth and conforming to Section 5490 shall be compelled to be removed or abated, and its customary maintenance, use, or repair shall not be limited, whether or not removal or limitation is required because of any ordinance or regulation of any city or county, without the payment of fair and just compensation.
(Added by Stats. 1983, Ch. 1232, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5491.1.

5491.1. (a) Any city or county adopting or amending any ordinance or regulation that regulates or prohibits the use of any on-premises advertising display that is more restrictive than existing law, shall include provisions in that ordinance or regulation for the identification and inventorying of all displays within its territorial limits that are determined to be illegal or abandoned pursuant to the law that is in effect prior to the adoption of, or amendment to, the ordinance or regulation.
(b) The required identification and inventory shall commence not later than 120 days from the date on which the ordinance or regulation is adopted or amended and shall be completed in a timely manner. The population of the city or county, as determined by the most recent federal census, the number of on-premise advertising displays located within the city or county, and other relevant factors may serve as a guide for the purposes of determining what constitutes “a timely manner” for the purposes of this subdivision.
(c) (1) Upon the completion of the required identification and inventory, the city or county shall consider, at a public hearing with opportunity for public comment, whether there is a need for the ordinance or regulation described in subdivision (a) to take effect.
(2) (A) Any applicable amortization schedule for the ordinance or regulation adopted or amended pursuant to this section shall not expire until at least six months after the date on which the city or county confirms, pursuant to paragraph (1), that there is a continuing need for that ordinance or regulation to take effect, unless the amortization period specified in the ordinance is for a longer term, in which case the remaining term shall apply.
(B) Until the city or county provides, pursuant to paragraph (1), that there is a continuing need for the ordinance or regulation to take effect, the new ordinance shall not apply to a change of copy, change of color, maintenance, or repair made to a sign which conformed to the prior ordinance unless those changes, maintenance, or repairs involve a change in location or structure of the sign.
(d) An identification and inventory is not required if a city or county has undertaken and completed an identification and inventory of illegal or abandoned displays not more than three years prior to the date on which the ordinance or regulation described in subdivision (a) is adopted or amended.
(e) This section does not apply if a city or county adopts or amends an ordinance or regulation that regulates only new on-premises advertising displays. For the purposes of this section, a “new on-premises advertising display” means a display whose structure or housing has not been permanently affixed to its intended premise on the date on which the ordinance or regulation is adopted.
(Repealed and added by Stats. 1996, Ch. 1150, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5491.2.

5491.2. (a) A city or county may impose reasonable fees upon all owners or lessees of on-premises business advertising displays for the purpose of covering its actual cost of inventorying and identifying illegal or abandoned advertising displays which are within its jurisdiction. A city or county may exempt from the payment of these fees the owner of a display identifying an achievement award, the name of a farm, or the name of a business for which the farm produces, if the display is located on an operating farm within an agricultural preserve established pursuant to the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code), and if the city or county finds that the exemption will further the purposes of the agricultural preserve.
(b) The actual cost to the city or county may be fixed upon a determination of the total estimated reasonable cost. The amount of that cost and the fee to be charged is exclusively within the discretion of the city or county.
(Amended by Stats. 1990, Ch. 215, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5492.

5492. For purposes of compliance with Section 5491, fair and just compensation is presumed to be paid upon the payment of the fair market value of the on-premises advertising display as of the date written notice is given to the owner of the display requiring conformance or removal thereof.
Fair market value consists of the actual cost of removal for the display, the actual cost to repair any damage caused to the real property or improvements thereon as a result of the removal of the display, and the actual cost to duplicate the advertising display required to be removed as of the date written notice requiring removal for nonconformance is given to the owner by the governmental body requiring conformance or removal.
(Added by Stats. 1983, Ch. 1232, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5493.

5493. (a) As an alternative to payment of fair and just compensation under Section 5492, a city or county may pay fair and just compensation to the owner of the on-premises advertising display by paying the actual replacement cost to the owner for an on-premises advertising display which shall conform with the laws in effect that are applicable to the owner’s business premises, and shall include, as part of the actual replacement cost, the actual cost for removal of the nonconforming on-premises advertising display and the actual cost of the repair to the real property caused by the removal of the display.
(b) The sum payable as fair and just compensation to the owner of any on-premises advertising display shall be the greater of the two methods provided in subdivision (a) of this section or Section 5492 as the basis for fair and just compensation. In any event, before any on-premises advertising display is required to be removed, the fair and just compensation required by subdivision (a) of this section or Section 5492 shall be paid.
(Added by Stats. 1983, Ch. 1232, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5494.

5494. The ordinances and regulations of any city or county, introduced or adopted prior to March 12, 1983, which have provided for amortization, and which make nonconforming any lawfully in place erected on-premises advertising displays, shall not be subject to Section 5491.
(a) All on-premises advertising displays which become nonconforming as a result of any such ordinance or regulation are presumed illegal once the amortization period provided by the ordinance or regulation rendering them nonconforming has lapsed and conformance has not been accomplished.
(b) If property containing on-premises advertising displays is annexed to a city or county which introduced or adopted, prior to March 12, 1983, an ordinance regulating on-premises advertising displays, the city or county may apply its ordinance or regulation to the annexed property, and the display shall be deemed illegal upon expiration of any applicable amortization provided by such ordinance or regulation. The amortization period is deemed to commence in such event upon the date of annexation.
(c) When amortization has not been provided in any applicable preexisting ordinance, annexed nonconforming displays ordered to conform to ordinances or regulations of any city or county shall be subject to the requirements of Section 5491.
(d) Amendments or modifications to ordinances or regulations of any city or county adopted prior to March 12, 1983, including amendments which require removal of additional displays or displays which had previously been made conforming, shall be subject to the requirements of Section 5491 if such amendment or modification makes the ordinance being amended or modified more restrictive or prohibitive.
(e) Ordinances or regulations of any city or county introduced or adopted prior to March 12, 1983, which have terminated or will terminate, may be reenacted and are not subject to Section 5491 if reenacted within 12 months of their termination, and if upon reenactment they are not made more restrictive or prohibitive than the preexisting ordinance or regulation.
(Repealed and added by Stats. 1986, Ch. 513, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5495.

5495. A city or county whose ordinances or regulations are introduced or adopted after March 12, 1983, and any amendments or modifications to those ordinances and regulations, are not in violation of Section 5491 if the entity elects to require the removal without compensation of any on-premise advertising display which meets all of the following requirements:
(a) The display is located within an area shown as residential or agricultural on a local general plan as of the date the display was lawfully erected.
(b) The display is located within an area zoned for residential or agricultural use on the date the display was lawfully erected.
(c) The display is not required to be removed because of an overlay zone, combining zone, special sign zone, or any other special zoning district whose primary purpose is the removal or control of advertising displays.
(d) The display is allowed to remain in existence after March 12, 1983, for a period of 15 years from the date of adoption of the ordinance or regulation. For purposes of this section, every sign has a useful life of 15 years. Fair and just compensation for signs required to be removed during the 15-year period and before the amortization period has lapsed shall be entitled to fair and just compensation which is equal to 1/15 of the duplication cost of construction of the display being removed multiplied by the number of years of useful life remaining for the sign as determined by this section.
(Added by Stats. 1983, Ch. 1232, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5495.5.

5495.5. A city or county with an ordinance or regulation introduced or adopted prior to March 12, 1983, which is applicable to designated areas within the city or county less than the entire city or county is not in violation of Section 5491 for an ordinance or regulation introduced or adopted on or after March 12, 1983, even though it requires removal of on-premises advertising displays in additional portions of the city or county, if the city or county adopts not more than two such ordinances or regulations on or after March 12, 1983, and if the total effect of the ordinance, or regulation is to apply to less than the entire city or county, and such new ordinance or regulation provides reasonable amortization for conformance. “Reasonable amortization,” for purposes of this section, shall not be less than 15 years from the date each such ordinance or regulation was adopted. If these conditions are not met, the city or county is subject to Section 5491 with respect to all those ordinances and regulations.
(Repealed and added by Stats. 1986, Ch. 513, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5496.

5496. A city or county, whose ordinances or regulations are otherwise in full compliance with Section 5491 is not in violation of that section if it elects to deactivate, without compensation, any flashing or rotating features of the on-premises advertising display, unless the flashing or rotating feature of the display has historical significance.
(Added by Stats. 1983, Ch. 1232, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5497.

5497. A city or county, whose ordinances or regulations were introduced or adopted after March 12, 1983, or any amendments to those ordinances and regulations, is not in violation of Section 5491 if it elects to require the removal, without compensation, of any on-premise advertising display which meets any of the following criteria:
(a) Any advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.
(b) Any advertising display which was lawfully erected anywhere in this state, but whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than 90 days. Costs incurred in removing an abandoned display may be charged to the legal owner.
(c) Any advertising display which has been more than 50 percent destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within 30 days of the date of its destruction.
(d) Any advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expand or enlarge the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds 50 percent of the cost of reconstruction of the building.
(e) Any advertising display whose owner seeks relocation thereof and relocates the advertising display.
(f) Any advertising display for which there has been an agreement between the advertising display owner and the city or county, for its removal as of any given date.
(g) Any advertising display which is temporary.
(h) Any advertising display which is or may become a danger to the public or is unsafe.
(i) Any advertising display which constitutes a traffic hazard not created by relocation of streets or highways or by acts of any city or county.
(j)  Ordinances adopted by a city within three years of its incorporation, which incorporation occurs after March 12, 1982, shall not be subject to Section 5491 except as provided by Section 5494.
(k) Notwithstanding subdivision (j), for any city or county incorporated after January 1, 1989, an ordinance initially adopted within three years of incorporation, or any amendment thereto within that three-year period, may require removal without compensation, except that no removal without compensation may be required within 15 years from the effective date of that ordinance or amendment.
(Amended by Stats. 1988, Ch. 991, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5498.

5498. (a) Sections 5491 and 5495 do not apply to redevelopment project areas created pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), planned commercial districts, or to areas listed or eligible for listing on the National Register of Historical Places, or areas registered by the Department of Parks and Recreation as a state historical landmark or point of historical interest pursuant to Section 5021 of the Public Resources Code, or areas created as historic zones or individually designated properties by a city or county, pursuant to Article 12 (commencing with Section 50280) of Chapter 1 of Division 1 of Title 5 of the Government Code.
(b) As used in this section, “planned commercial districts” means areas subject to binding agreements, including, but not limited to, conditions, covenants, restrictions, which do all of the following:
(1) Affect on-premise advertising displays.
(2) Are at least as restrictive as any ordinance of a city or county, which affects on-premise advertising displays at the time the agreement was entered into.
(3) Contain a binding financing commitment sufficient to carry out the agreements.
(Added by Stats. 1983, Ch. 1232, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5498.1.

5498.1. A city or county may not deny, refuse to issue, or condition the issuance of a business license or a permit to construct a new legal on-premises advertising display upon the removal, conformance, repair, modification, or abatement of any other on-premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply:
(a) The other display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought.
(b) The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display.
(Added by Stats. 1987, Ch. 1281, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5498.2.

5498.2. (a) During the amortization period for a nonconforming legally in place on-premises advertising display’s continued use, a city or county may not deny, refuse to issue, or condition the issuance of a permit for modification or alteration to the display upon change of ownership of any existing business if the modification or alteration does not include a structural change in the display.
(b) Subdivision (a) of this section does not apply to any ordinance introduced or adopted prior to March 12, 1983, or adopted pursuant to subdivision (j) of Section 5497, if the ordinance contains no specific amortization schedule, but instead requires conformity upon change of ownership.
(Added by Stats. 1987, Ch. 1281, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.5 - On-Premises Advertising Displays › Section 5499.

5499. Regardless of any other provision of this chapter or other law, no city or county shall require the removal of any on-premises advertising display on the basis of its height or size by requiring conformance with any ordinance or regulation introduced or adopted on or after March 12, 1983, if special topographic circumstances would result in a material impairment of visibility of the display or the owner’s or user’s ability to adequately and effectively continue to communicate with the public through the use of the display. Under these circumstances, the owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected and, in doing so, the owner or user is in conformance.
(Repealed and added by Stats. 1986, Ch. 513, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.1.

5499.1. For purposes of this chapter only:
(a) “Illegal on-premises advertising display” means any of the following:
(1) An on-premises advertising display erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.
(2) An on-premises advertising display that was legally erected, but whose use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of not less than 90 days.
(3) An on-premises advertising display that was legally erected which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display nonconforming has expired, and conformance has not been accomplished.
(4) An on-premises advertising display which is a danger to the public or is unsafe.
(5) An on-premises advertising display which is a traffic hazard not created by relocation of streets or highways or by acts of the city or county.
(b) “On-premises advertising display” means any structure, housing, sign, device, figure, statuary, painting, display, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes:
(1) To designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located.
(2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected.
(c) “Enforcement officer” means the public employee or officer designated by the legislative body of the city or county to perform the duties imposed by this chapter on the enforcement officer.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.2.

5499.2. (a) The legislative body of a city or county may declare, by resolution, as public nuisances and abate all illegal on-premises advertising displays located within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the county or city assessment map and its street address if known. Any number of parcels of private property may be included in one resolution.
(b) Prior to adoption of the resolution by the legislative body, the clerk of the legislative body shall send not less than a 10 days’ written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time, and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.3.

5499.3. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the display exists.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.4.

5499.4. The notice shall be substantially in the following form:
NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY
Notice is hereby given that on the ____ day of ____, 20__, the (name of the legislative body) of (city or county) adopted a resolution declaring that an illegal advertising display is located upon or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the city (or county). The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the office of the clerk of the legislative body.
All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the (name of the legislative body) of (city or county) to be held (give date, time, and place), when their objections will be heard and given due consideration.
Dated this
day of ,
20
(Title)
(City or County of )
(Amended by Stats. 2002, Ch. 221, Sec. 1. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.5.

5499.5. The notices shall be posted at least 10 days prior to the time for hearing objections by the legislative body of the city or county.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.6.

5499.6. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the legislative body of the city or county shall direct its clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The clerk shall cause the written notice to be mailed to each person on whom the described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the legislative body.
In cities where the county assessor performs the functions of the city assessor, the county assessor, at the request of the city clerk, shall, within 10 days thereafter, mail to the city clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. The city shall reimburse the county for the actual cost of furnishing the list, and the cost shall be a part of the costs of abatement.
The notices mailed by the clerk shall be mailed at least 10 days prior to the time for hearing objections by the legislative body.
The notices mailed by the clerk shall be substantially in the form provided by Section 5499.4.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.7.

5499.7. At the time stated in the notices, the legislative body of the city or county shall hear and consider all objections to the proposed removal of the on-premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the legislative body shall allow or overrule any objections. At that time, the legislative body acquires jurisdiction to proceed and perform the work of removal.
The decision of the legislative body is final. If objections have not been made or after the legislative body has disposed of those made, it shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.8.

5499.8. The enforcement officer may enter private property to abate the nuisance.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 2.6 - Ordinances Governing On-Premise Advertising Displays › Section 5499.9.

5499.9. Before the enforcement officer arrives, any property owner may remove the illegal on-premises advertising display at the owner’s own expense.
Nevertheless, in any case in which an order to abate is issued, the legislative body of the city or county, by motion or resolution, may further order that a special assessment and lien shall be limited to the costs incurred by the city or county, as the case may be, in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs.
(Added by Stats. 1987, Ch. 1281, Sec. 6.)