Section § 5200

Explanation

This section introduces the part of the California Business and Professions Code that deals with advertisers, specifically focusing on outdoor advertising. It is officially known as the Outdoor Advertising Act.

This chapter of the Business and Professions Code constitutes the chapter on advertisers. It may be cited as the Outdoor Advertising Act.

Section § 5201

Explanation

This section means that if any general rules are listed in this article, they should be applied to how the rest of the chapter is interpreted, unless there's a specific reason not to.

Unless the context otherwise requires, the general provisions set forth in this article govern the construction of this chapter.

Section § 5202

Explanation
This law defines the term 'advertising display' to mean structures or signs used for advertising purposes.
“Advertising display” refers to advertising structures and to signs.

Section § 5203

Explanation

This section defines what counts as an "advertising structure." Basically, it’s any structure used to display advertisements outdoors, like billboards or signs. However, it doesn’t include official notices from a court or public body, legal notices posted by officials, road signs or directional indicators required by law, or signs near a city or county line that display the names of local organizations.

“Advertising structure” means a structure of any kind or character erected, used, or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes.
“Advertising structure” does not include:
(a)CA Business & Professions Code § 5203(a) Official notices issued by any court or public body or officer;
(b)CA Business & Professions Code § 5203(b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice;
(c)CA Business & Professions Code § 5203(c) Directional, warning or information structures required by or authorized by law or by federal, state or county authority.
(d)CA Business & Professions Code § 5203(d) A structure erected near a city or county boundary, which contains the name of such city or county and the names of, or any other information regarding, civic, fraternal or religious organizations located therein.

Section § 5204

Explanation

This law is defining what a “bonus segment” is. It refers to parts of interstate highways that were funded under certain U.S. federal acts. Specifically, these are segments built on land that the government acquired after July 1, 1956.

“Bonus segment” means any segment of an interstate highway which was covered by the Federal Aid Highway Act of 1958 and the Collier-Z'berg Act, namely, any such segment which is constructed upon right-of-way, the entire width of which was acquired subsequent to July 1, 1956.

Section § 5205

Explanation

This law defines a 'business area' as a zone within 1,000 feet from any commercial or industrial building or activity, which is designated for commercial or industrial use according to state zoning law or is an area where such activities occur without specific zoning.

“Business area” means an area within 1,000 feet, measured in each direction, from the nearest edge of a commercial or industrial building or activity and which is zoned under authority of state law primarily to permit industrial or commercial activities or an unzoned commercial or industrial area.

Section § 5206

Explanation

This law defines "centerline of the highway" as the line in the middle of the main lanes of traffic on a regular road, or equidistant from the edges of the median on a highway with separate lanes.

“Centerline of the highway” means a line equidistant from the edges of the median separating the main traveled way of a divided highway, or the centerline of the main traveled way of a nondivided highway.

Section § 5208

Explanation

"Collier-Z'berg Act" is simply the name given to a specific law enacted during a special legislative session in 1964.

“Collier-Z'berg Act” refers to Chapter 128, Statutes of 1964 (First Extraordinary Session).

Section § 5208.6

Explanation

This section defines the term 'Department' as referring specifically to the Department of Transportation.

“Department” means the Department of Transportation.

Section § 5209

Explanation
The term 'Director' in this context specifically means the Director of Transportation for California.
“Director” refers to the Director of Transportation of the State of California.

Section § 5210

Explanation

This section is about the term 'Federal Aid Highway Act of 1958', which means a specific part of federal law that was in place before October 22, 1965, related to highways.

“Federal Aid Highway Act of 1958” refers to Section 131 of Title 23 of the United States Code, as in effect before October 22, 1965.

Section § 5211

Explanation

In this section, 'flashing' refers to a light or message that changes its appearance more than once every four seconds.

“Flashing” is a light or message that changes more than once every four seconds.

Section § 5212

Explanation

This law defines a "freeway" specifically for the chapter it's in, as a major highway designed for through traffic that's divided, has restricted entry and exit points, and uses overpasses or underpasses at intersections.

“Freeway,” for the purposes of this chapter only, means a divided arterial highway for through traffic with full control of access and with grade separations at intersections.

Section § 5213

Explanation

This section explains that the term 'highway' covers any public space like roads or trails designed for people and vehicles to pass through.

“Highway” includes roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights-of-way or easements used for or laid out and intended for the public passage of vehicles or of vehicles and persons.

Section § 5214

Explanation

This section simply states that any references to the 'Highway Beautification Act of 1965' are talking about Section 131 of Title 23 of the U.S. Code as it was on October 22, 1965.

“Highway Beautification Act of 1965” refers to Section 131 of Title 23 of the United States Code, as in effect October 22, 1965.

Section § 5215

Explanation

This law defines an "interstate highway" as any road officially recognized by both the state and federal governments as part of the national interstate and defense highway system.

“Interstate highway” means any highway at any time officially designated as a part of the national system of interstate and defense highways by the director and approved by appropriate authority of the federal government.

Section § 5216

Explanation

This law defines what a 'landscaped freeway' is in California. It's a freeway section with ornamental plants like trees or flowers that require maintenance. If the plants are for things like preventing soil erosion or reducing noise, the freeway isn't considered 'landscaped.' Additionally, if there's an agreement to move advertising signs to the freeway area, the freeway's median won't count as 'landscaped.'

(a)CA Business & Professions Code § 5216(a) “Landscaped freeway” means a section or sections of a freeway that is now, or hereafter may be, improved by the planting at least on one side or on the median of the freeway right-of-way of lawns, trees, shrubs, flowers, or other ornamental vegetation requiring reasonable maintenance.
(b)CA Business & Professions Code § 5216(b) Planting for the purpose of soil erosion control; traffic safety requirements, including light screening; reduction of fire hazards; covering soundwalls or fences; or traffic noise abatement shall not change the character of a freeway to a landscaped freeway.
(c)CA Business & Professions Code § 5216(c) Notwithstanding subdivision (a), if an agreement to relocate advertising displays from within one area of a city or county to an area adjacent to a freeway right-of-way has been entered into between a city or county and the owner of an advertising display, then a “landscaped freeway” shall not include the median of a freeway right-of-way.

Section § 5216.1

Explanation

This law explains what "lawfully erected" means for advertising displays. An ad display is considered lawfully erected if it followed the laws at the time it was put up or was later adjusted to meet those laws. However, if you change the display in a way that makes it illegal after it's been put up, it no longer counts as lawfully erected. Also, if your ad display has been up for five years or more without any written notice from the government saying it wasn't legal, it is assumed to be lawfully erected.

“Lawfully erected” means, in reference to advertising displays, advertising displays which were erected in compliance with state laws and local ordinances in effect at the time of their erection or which were subsequently brought into full compliance with state laws and local ordinances, except that the term does not apply to any advertising display whose use is modified after erection in a manner which causes it to become illegal. There shall be a rebuttable presumption pursuant to Section 606 of the Evidence Code that an advertising display is lawfully erected if it has been in existence for a period of five years or longer without the owner having received written notice during that period from a governmental entity stating that the display was not lawfully erected.

Section § 5216.3

Explanation

This part of the law defines what 'main-traveled way' means for highways. It's basically the part of the highway where the main flow of traffic goes. If the highway has separate roads going different directions, each is considered a main-traveled way. It doesn't count things like side roads, ramps, extra lanes, parking spaces, or the shoulder as part of this main area.

“Main-traveled way” is the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main-traveled way. Main-traveled way does not include facilities such as frontage roads, ramps, auxiliary lanes, parking areas, or shoulders.

Section § 5216.4

Explanation

This law defines a "message center" as a type of advertising sign where the message updates at least every two minutes and at most every four seconds.

“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.

Section § 5216.5

Explanation

This law explains that a 'nonconforming advertising display' is a sign or advertisement that was legally put up according to the rules at that time, but now doesn't meet current or newly made rules or regulations.

“Nonconforming advertising display” is an advertising display that was lawfully placed, but that does not conform to the provisions of this chapter, or the administrative regulations adopted pursuant to this chapter, that were enacted subsequent to the date of placing.

Section § 5216.6

Explanation

This statute defines what counts as an "officially designated scenic highway or scenic byway" in California. Essentially, it specifies that to be considered officially designated, a highway must be formally recognized and maintained under certain sections of the Streets and Highways Code or recognized as a scenic byway under U.S. federal law. It also clarifies that just being listed in the State Scenic Highway system doesn't automatically make a route officially designated—it must specifically be recognized as such under the designated sections.

(a)CA Business & Professions Code § 5216.6(a) “Officially designated scenic highway or scenic byway” is any state highway that has been officially designated and maintained as a state scenic highway pursuant to Sections 260, 261, 262, and 262.5 of the Streets and Highways Code or that has been officially designated a scenic byway as referred to in Section 131(s) of Title 23 of the United States Code.
(b)CA Business & Professions Code § 5216.6(b) “Officially designated scenic highway or scenic byway” does not include routes listed as part of the State Scenic Highway system, Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code, unless those routes, or segments of those routes, have been designated as officially designated state scenic highways.

Section § 5218

Explanation

This section defines what a 'penalty segment' of a highway is. It refers to parts of the highway system in California that weren't included in certain older federal highway acts but are covered by the Highway Beautification Act of 1965. Specifically, this includes interstate highway sections on land acquired before July 1, 1956, and segments of primary highways.

“Penalty segment” means any segment of a highway located in this state which was not covered by the Federal Aid Highway Act of 1958 and the Collier-Z'berg Act but which is covered by the Highway Beautification Act of 1965, namely, any segment of an interstate highway which is constructed upon right-of-way, any part of the width of which was acquired prior to July 1, 1956, and any segment of a primary highway.

Section § 5219

Explanation
This section defines the term 'person' to include not just individuals, but also groups and organizations like companies and associations.
“Person” includes natural person, firm, cooperative, partnership, association, limited liability company, and corporation.

Section § 5220

Explanation

This section defines what is considered a 'primary highway' in California. It's any highway that's part of the federal-aid primary system as it was on June 1, 1991, except interstate highways. It also includes highways that aren't in that specific system but are in the National Highway System.

“Primary highway” means any highway, other than an interstate highway, designated as a part of the federal-aid primary system in existence on June 1, 1991, and any highway that is not in that system but which is in the National Highway System.

Section § 5221

Explanation

This section defines what a 'sign' is for outdoor advertising. It covers a wide variety of materials like cloth, metal, or paper, and places these signs can be put, like on buildings or trees. However, some things are not considered signs under this definition, such as official notices from courts or public bodies, public duty notices, legal notices, required directional signs, or signs at city boundaries that give information about local organizations.

“Sign” refers to any card, cloth, paper, metal, painted or wooden sign of any character placed for outdoor advertising purposes on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either privately or publicly owned, other than an advertising structure.
“Sign” does not include any of the following:
(a)CA Business & Professions Code § 5221(a) Official notices issued by any court or public body or officer.
(b)CA Business & Professions Code § 5221(b) Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice.
(c)CA Business & Professions Code § 5221(c) Directional warning or information signs or structures required by or authorized by law or by federal, state or county authority.
(d)CA Business & Professions Code § 5221(d) A sign erected near a city or county boundary that contains the name of that city or county and the names of, or any other information regarding, civic, fraternal, or religious organizations located within that city or county.

Section § 5222

Explanation

This law explains how to measure 660 feet from the highway. You measure starting from the edge of the road's right-of-way, going straight out in a direct line that's at a right angle to the middle of the highway.

“660 feet from the edge of the right-of-way” means 660 feet measured from the edge of the right-of-way horizontally along a line normal or perpendicular to the centerline of the highway.

Section § 5222.1

Explanation

The term 'state highway system' refers to the network of highways in California as detailed in another section of law, specifically Section 300 of the Streets and Highways Code.

“State highway system” means the state highway system as described in Section 300 of the Streets and Highways Code.

Section § 5223

Explanation

This section defines what 'unzoned commercial or industrial area' means in California. It refers to areas not officially zoned but used like those zoned for commercial or industrial purposes. This includes land used for such activities plus any land within 1,000 feet in all directions of these activities. However, this definition excludes outdoor advertising and roadside fresh product vending.

“Unzoned commercial or industrial area” means an area not zoned under authority of state law in which the land use is characteristic of that generally permitted only in areas which are actually zoned commercial or industrial under authority of state law, embracing all of the land on which one or more commercial or industrial activities are conducted, including all land within 1,000 feet, measured in each direction, from the nearest edge of the commercial or industrial building or activity on such land. As used in this section, “commercial or industrial activities” does not include the outdoor advertising business or the business of wayside fresh product vending.

Section § 5224

Explanation

This law defines 'visible' as anything that can be seen by a person with normal eyesight without needing glasses or other visual help, even if the details can't be read clearly.

“Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

Section § 5225

Explanation

This law defines what it means to 'place' an advertising display. It covers activities such as building, attaching, or showing any kind of ad on various surfaces like walls, trees, and buildings. However, it doesn't apply if you're simply changing the message or doing routine upkeep on the ad.

The verb, “to place” and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing. It does not include any of the foregoing activities when performed incident to the change of an advertising message or customary maintenance of the advertising display.

Section § 5226

Explanation

This law explains why advertising signs near major highways need to be regulated in California. It aims to keep travelers safe, protect land and views next to roads, and ensure useful information is displayed effectively, while still allowing businesses to advertise responsibly. It recognizes outdoor advertising as a valid, important part of business that should be permitted in business areas, with fair and necessary regulations.

The regulation of advertising displays adjacent to any interstate highway or primary highway as provided in Section 5405 is hereby declared to be necessary to promote the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in such highways, to preserve the scenic beauty of lands bordering on such highways, and to insure that information in the specific interest of the traveling public is presented safely and effectively, recognizing that a reasonable freedom to advertise is necessary to attain such objectives. The Legislature finds:
(a)CA Business & Professions Code § 5226(a) Outdoor advertising is a legitimate commercial use of property adjacent to roads and highways.
(b)CA Business & Professions Code § 5226(b) Outdoor advertising is an integral part of the business and marketing function, and an established segment of the national economy, and should be allowed to exist in business areas, subject to reasonable controls in the public interest.

Section § 5227

Explanation

This law is meant to control the entire process of regulating certain activities under this chapter, but it allows counties to enforce these rules through local ordinances. It also permits counties to create their own land use and zoning rules about where advertising signs can go, as long as they follow state planning laws. Counties can also set building requirements for signs related to the businesses or goods on the property where they're displayed.

It is the intention of the Legislature to occupy the whole field of regulation by the provisions of this chapter except that nothing in this chapter prohibits enforcement of any or all of its provisions by persons designated so to act by appropriate ordinances duly adopted by any county of this state nor does anything prohibit the passage by any county of reasonable land use or zoning regulations affecting the placing of advertising displays in accordance with the provisions of the Planning Law, Chapter 1 (commencing with Section 65000) of Title 7 of the Government Code, relating to zoning, or, with reference to signs or structures pertaining to the business conducted or services rendered or goods produced or sold upon the property upon which such advertising signs or structures are placed, ordinances subjecting such signs or structures to building requirements.

Section § 5228

Explanation

This law is about setting basic rules for advertising billboards next to certain highways. The goal is to make sure these ads meet certain standards, especially on highways that are part of the national or federally supported road systems.

It is declared to be the intent of the Legislature in enacting the provisions of this chapter regulating advertising displays adjacent to highways included in the national system of interstate and defense highways or the federal-aid primary highway system to establish minimum standards with respect thereto.

Section § 5229

Explanation

This law makes it clear that nothing in this chapter allows someone to put up or keep outdoor ads in places where they're already illegal by other laws or local rules, especially around streets and highways.

The provisions of this chapter shall not be construed to permit a person to place or maintain in existence on or adjacent to any street, road or highway, including any interstate or state highway, any outdoor advertising prohibited by law or by any ordinance of any city, county or city and county.

Section § 5230

Explanation

This law allows local governments like cities and counties in California to create their own rules about advertising signs near roads or highways. These rules can be as strict, or stricter, than existing state rules, as long as they follow certain procedures specified in another section (Section 5412). However, no local rule can permit advertising signs that violate state law.

The governing body of any city, county, or city and county may enact ordinances, including, but not limited to, land use or zoning ordinances, imposing restrictions on advertising displays adjacent to any street, road, or highway equal to or greater than those imposed by this chapter, if Section 5412 is complied with. No city, county, or city and county may allow an advertising display to be placed or maintained in violation of this chapter.

Section § 5231

Explanation

This law allows city or county governments to create their own rules that require additional licenses or permits for putting up advertisements that can be seen from highways. These rules can be in addition to any existing requirements in the state law, and they apply to all highways, including major interstate and federal highways within the city's limits.

The governing body of any city or city and county may enact ordinances requiring licenses or permits, or both, in addition to those imposed by this chapter, for the placing of advertising displays in view of any highway, including a highway included in the national system of interstate and defense highways or the federal-aid primary highway system, within its boundaries.