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.
AdvertisersCrimes and Penalties
Section § 5460
This law makes it illegal to put up or keep an advertisement on someone else's property unless you have permission from the property owner or tenant.
advertising display unlawful property owner permission
Section § 5461
If an advertising sign breaks the rules outlined in this chapter, it is considered a public nuisance and can be taken down by government workers as explained in more detail in this chapter.
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.
advertising displays public nuisances violation
Section § 5463
This law allows a director to revoke a license or permit if someone doesn't follow the rules of this chapter. They can also take down and destroy any illegal advertising signs after giving a 30-day written notice to the permit holder or other relevant parties. If the sign is temporary and clearly in violation, they can remove it immediately without notice. The director or their agent can go onto private property to remove these signs if necessary.
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.
revoke license violation of chapter advertising display
Section § 5464
If you break any rules in this chapter, whether you're in charge, helping, or working there, it's considered a misdemeanor crime.
Every person as principal, agent or employee, violating any of the provisions of this chapter is guilty of a misdemeanor.
misdemeanor crime rule violation principal accountability
Section § 5465
This law states that the methods available for taking down illegal advertisements aren't the only options; there are other legal ways to handle such issues too.
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.
illegal advertising displays removal remedies cumulative remedies
Section § 5466
If an advertising display has been in the same spot since at least August 12, 2004, and has stayed there continuously for five years, a private individual can't sue over its installation or ongoing presence, even if it breaks local or state laws. However, if the display was illegally altered, a private person can sue about the modification if they do it within five years of when the change happened. Government entities can still bring lawsuits regardless of these rules.
(a)CA Business & Professions Code § 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)CA Business & Professions Code § 5466(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.
advertising display private party lawsuits continuous existence
