AdvertisersGeneral Provisions
Section § 5200
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.
Section § 5201
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.
Section § 5202
Section § 5203
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.
Section § 5204
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.
Section § 5205
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.
Section § 5206
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.
Section § 5208
"Collier-Z'berg Act" is simply the name given to a specific law enacted during a special legislative session in 1964.
Section § 5208.6
This section defines the term 'Department' as referring specifically to the Department of Transportation.
Section § 5209
Section § 5210
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.
Section § 5211
In this section, 'flashing' refers to a light or message that changes its appearance more than once every four seconds.
Section § 5212
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.
Section § 5213
This section explains that the term 'highway' covers any public space like roads or trails designed for people and vehicles to pass through.
Section § 5214
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.
Section § 5215
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.
Section § 5216
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.'
Section § 5216.1
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.
Section § 5216.3
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.
Section § 5216.4
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.
Section § 5216.5
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.
Section § 5216.6
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.
Section § 5218
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.
Section § 5219
Section § 5220
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.
Section § 5221
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.
Section § 5222
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.
Section § 5222.1
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.
Section § 5223
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.
Section § 5224
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.
Section § 5225
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.
Section § 5226
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.
Section § 5227
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.
Section § 5228
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.
Section § 5229
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.
Section § 5230
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.
Section § 5231
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.