California Code of Regulations › Title 4 - Business Regulations › Division 6 - Outdoor Advertising, Department of Transportation › Chapter 1 - Outdoor Advertising-General › Section 2242 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms when used in this Title 4, Division 6,
				  have the following meanings:
(a)
				"Accepted" means the official act of acceptance by the Department of a
				contractor's completion of a highway project acknowledging the contractor has
				performed all obligations of a highway contract.
(b) "Act" means the California Outdoor
				Advertising Act, Sections
				5200 et seq., Business and
				Professions Code.
(c) "Adjacent To"
				means located within, either in whole or part, an area formed by measuring 660
				feet laterally from the edge of the right-of-way of a landscaped freeway
				sections along a line perpendicular to the center line of the
				freeway.
(d) "Changeable" means any
				message change occurring more than once every twenty-four hours.
(e) "Chief Landscape Architect" means the
				employee of the Department of Transportation charged with statewide
				responsibility for supervising Highway Planting Projects.
(f) "Completed" means a contractor has
				performed all obligations under a highway project contract.
(g) "Continuous Planting" means State right
				of way contiguous to the traveled way which is planted with Ornamental
				Vegetation in accordance with standard landscaping practices. A physical break
				in the Planting of less than 200 feet for items such as a highway overcrossing
				or undercrossing, a stream, a canal, a stairway, a culvert, or a water system
				is not a gap and may not end a Continuous Planting.
(h) "Certificate of Sufficiency, formerly
				known as "Design Certification," means the design engineer for a given project
				certifies to Right of Way and Asset Management that the right of way indicated
				on the project maps is the area necessary for a given project.
(i) "Deputy Director Project Development"
				means the Deputy Director of Project Development of the Department of the
				Department of Transportation.
(j)
				"Display means an advertising Display as defined in Section
				5202.
(k) "Extension" means an Incidental increase
				in size of the advertising area which does not exceed the height, length, or
				total area allowed for in Section
				5408(a) of the
				act.
(l) "Facing" means the portion
				of the Display that contains advertising copy.
(m) "Highway Planting Project" means an area
				of State highway right-of-way planted in conformance with plans developed or
				approved by the Department.
(n)
				"Imprint" means a marker (a stake or a flag) visible and legible from the
				highway that identifies the applicant by name or logo placed at the location of
				proposed display.
(o) "Incidental"
				means up to 33 percent of the total advertising area of the Display as
				authorized according to the Department's records and relates to the specific
				advertising copy. Measurement is made based on the height and the length but
				not the depth.
(p) "Landscape
				Architect" means a person employed by the Department who holds a certificate to
				practice Landscape Architecture in California under the authority of Division
				3, Chapter 3.5, of the Business and Professions Code (5615 et seq.).
(q) "Light Box" or "sign cabinet" means a
				portable unit that is Incidental to the Display and its message does not flash,
				is not in motion, and does not change more than once every two
				minutes.
(r) "Ornamental
				Vegetation" means lawns, trees, shrubs, flowers, or other Plantings designed
				primarily to improve the aesthetic appearance of the highway. Inert material
				specifically placed to highlight the Ornamental Vegetation is considered part
				of the Ornamental Vegetation.
(s)
				"Office of Outdoor Advertising" means that unit of the Department which is
				delegated by the Director the responsibility of enforcing the Act and these
				regulations.
(t) "Penalty Fee"
				means a fee charged for late renewal of a license or a permit.
(u) "Permittee" means the applicant or a
				subsequent designee on record with the Department as owner of the outdoor
				advertising permit to place and maintain a specific Display.
(v) "Planting" means the placing or putting
				into the ground of any vegetation or seeds of vegetation; to set or sow with
				seeds or plants.
(w) "State Law"
				means only statutes enacted by the State Legislature, initiative process, or
				state constitutional provisions.
1. New section
				  filed 6-25-76; effective thirtieth day thereafter (Register 76, No.
				  26).
2. Amendment of NOTE filed 7-22-77 as procedural and
				  organizational; effective upon filing (Register 77, No. 30).
3.
				  Renumbering of former section
				  2242 to section
				  2243 and new section
				  2242 filed 9-20-99; operative
				  10-20-99 (Register 99, No. 39).
4. Amendment of subsection (h) filed
				  11-23-2004; operative 12-23-2004 (Register 2004, No. 48).
Note: Authority cited: Sections
					 5250
					 and
					 5415,
					 Business and Professions Code. Reference: Sections
					 5200,
					 5202,
					 5216,
					 5250,
					 5440
					 and
					 5485,
					 Business and Professions Code.