Section § 5440

Explanation

This law section restricts placing or maintaining advertising signs near freeways that have been landscaped. Specifically, no ads can be on property next to a freeway with at least 20 feet of landscaping if they are meant to be seen by people driving on the freeway. The average width of landscaping is calculated by dividing the total landscaped area by its length. Existing classifications of freeways remain unless there's a new request for review, which can incur a fee up to $500. The law defines 'average width of 20 feet' as distributed landscaped property around a 1,000-foot section of freeway.

(a)CA Business & Professions Code § 5440(a) Except as otherwise provided in this article, no advertising display may be placed or maintained on property adjacent to a 1,000-foot or greater section of a freeway that has been landscaped with at least an average width of 20 feet of landscaping or that includes trees, on department-owned property at the same or elevated grade of the main-traveled way if the advertising display is designed to be viewed primarily by persons traveling on the main-traveled way of the landscaped freeway.
(b)CA Business & Professions Code § 5440(b) The department shall determine the average width by dividing the square footage of a landscaped area by its length.
(c)Copy CA Business & Professions Code § 5440(c)
(1)Copy CA Business & Professions Code § 5440(c)(1) All existing classifications shall remain in effect until the department receives a request for a new classification review in accordance with applicable regulations.
(2)CA Business & Professions Code § 5440(c)(2) The department may charge a fee in an amount not to exceed the reasonable costs incurred by the department in conducting a classification review and not to exceed five hundred dollars ($500).
(d)CA Business & Professions Code § 5440(d) For purposes of this section, “average width of 20 feet” means that over any 1,000-foot section freeway there averages at least 20 feet of total property contiguous to all sides of the main traveled way between the outer edge of the shoulders and the freeway right-of-way boundaries, including median plantings, that otherwise meets the definition of a landscaped freeway in Section 5216.

Section § 5440.1

Explanation

This law states that advertising signs cannot be put up or kept along highways or segments of highways that are recognized as scenic highways or byways. This rule applies to both interstate and primary highways and remains so even if they become scenic after the law came into effect.

Except as provided in Section 5442.5, no advertising display may be placed or maintained along any highway or segment of any interstate highway or primary highway that before, on, or after the effective date of Section 131(s) of Title 23 of the United States Code is an officially designated scenic highway or scenic byway.

Section § 5441

Explanation

This law says that any advertising signs breaking certain rules have to be taken down three years after a freeway is officially declared to be a landscaped freeway.

Any advertising display which is now, or hereafter becomes, in violation of Section 5440 shall be subject to removal three years from the date the freeway has been declared a landscaped freeway by the director or the director’s designee and the character of the freeway has been changed from a freeway to a landscaped freeway.

Section § 5442

Explanation

This law section explains that the rules in Section 5440 don't apply to advertising signs if they're used only for certain purposes. These purposes include advertising the sale or lease of the property where the sign is, naming the property owner's name or identifying the property, and promoting products made or services provided on the property.

Section 5440 does not apply to any advertising structure or sign if the advertising display is used exclusively for any of the following purposes:
(a)CA Business & Professions Code § 5442(a) To advertise the sale or lease of the property upon which the advertising display is placed.
(b)CA Business & Professions Code § 5442(b) To designate the name of the owner or occupant of the premises upon which the advertising display is placed, or to identify the premises.
(c)CA Business & Professions Code § 5442(c) To advertise goods manufactured or produced, or services rendered, on the property upon which the advertising display is placed.

Section § 5442.5

Explanation

This section explains that certain types of advertising displays are exempt from the rules stated in Section 5440.1. These exempt displays include directional signs for attractions, signs about selling or leasing property, signs advertising activities on the property where they're located, historic landmark signs, and signs offering free coffee from nonprofits to travelers. Each type has specific criteria to qualify for the exemption.

Section 5440.1 does not apply to any advertising display if the advertising display is used exclusively for any of the following purposes:
(a)CA Business & Professions Code § 5442.5(a) Directional and official signs and notices, including, but not be limited to, signs and notices pertaining to natural wonders or scenic and historical attractions that are otherwise required or authorized by law and conform to regulations adopted by the department.
(b)CA Business & Professions Code § 5442.5(b) Signs, displays, and devices advertising the sale or lease of real property upon which they are located.
(c)CA Business & Professions Code § 5442.5(c) Signs, displays, and devices, including, but not limited to, those that may be changed at reasonable intervals by electronic process or by remote control, advertising activities conducted on the property on which they are located.
(d)CA Business & Professions Code § 5442.5(d) Signs lawfully in existence on October 22, 1965, as determined by the department to be landmark signs, including signs on farm structures or natural surfaces, or of historic or artistic significance the preservation of which, in the opinion of the department, would be consistent with the purposes of this section, as determined by regulations adopted by the department.
(e)CA Business & Professions Code § 5442.5(e) Signs, displays, and devices advertising the distribution by nonprofit organizations of free coffee to individuals traveling on the interstate system or the primary system. For the purpose of this subdivision, the term “free coffee” means, coffee for which a donation may be made, but is not required.

Section § 5442.7

Explanation

This law allows the City of Richmond to have one special structure that highlights its economic development areas. This structure shouldn't show specific business names, can't be paid for with public money, and must be approved after a public hearing. It shouldn't cause problems with federal highway funds, or need excessive tree trimming for visibility.

(a)CA Business & Professions Code § 5442.7(a) Section 5440 does not apply to any freestanding identifying structure that is used exclusively to identify development projects, business centers, or associations located within the jurisdiction of, and sponsored by, the City of Richmond to support economic development activities.
(b)CA Business & Professions Code § 5442.7(b) A structure erected pursuant to subdivision (a) shall conform to all of the following conditions:
(1)CA Business & Professions Code § 5442.7(b)(1) Not more than one identifying structure may be used by the City of Richmond and only if approved by that city by ordinance or resolution after a duly noticed public hearing regarding the structure.
(2)CA Business & Professions Code § 5442.7(b)(2) Placement of the structure shall not require the immediate trimming, pruning, topping, or removal of existing trees to provide visibility to the structure, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the structure.
(3)CA Business & Professions Code § 5442.7(b)(3) The structure shall be generic only and shall not identify any specific business.
(4)CA Business & Professions Code § 5442.7(b)(4) No public funds may be expended to pay for the costs of the structure.
(5)CA Business & Professions Code § 5442.7(b)(5) The structure shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code.

Section § 5442.8

Explanation

This section explains that certain advertising signs in Costa Mesa are exempt from another rule, Section 5440, if they follow specific guidelines. The signs must be for development projects or associations within Costa Mesa, and the city can only use one such sign. The city council must approve these signs in a public hearing. The signs can't require cutting or changing trees unless it's regular maintenance, and they shouldn't affect federal highway funds.

Section 5440 does not apply to any advertising structure or sign if the advertising display is used exclusively to identify development projects, business centers, or associations located within the jurisdiction of, or sponsored by, the City of Costa Mesa to support economic development activities, if all of the following conditions are met:
(a)CA Business & Professions Code § 5442.8(a) No other display is used by the city pursuant to this section.
(b)CA Business & Professions Code § 5442.8(b) The governing body of the city has authorized placement of the display by an ordinance or resolution adopted following a duly noticed public hearing regarding the display.
(c)CA Business & Professions Code § 5442.8(c) Placement of the display will not necessitate the immediate trimming, pruning, topping, or removal of existing trees in order to make the display visible or to improve its visibility, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement of the display.
(d)CA Business & Professions Code § 5442.8(d) The display does not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code.

Section § 5442.9

Explanation

This California law allows certain small cities to put up a nonconforming sign if they follow specific rules. The city must have owned the land since before 1995, and they can only add one new nonconforming sign since 2000. The sign must be within the city, not require tree removal for visibility unless it's part of normal maintenance, and shouldn't use public funds or create liability for the Department of Transportation. It also shouldn't affect federal highway funding. The city must use any money from the sign for parks and at-risk youth programs, and the sign can't advertise adult-focused products like alcohol or gambling. Only very small cities in large urban counties can do this.

(a)CA Business & Professions Code § 5442.9(a) Notwithstanding Section 5440, a city described in subdivision (b) may erect a nonconforming display if all of the following apply:
(1)CA Business & Professions Code § 5442.9(a)(1) The display is placed on property that the city has owned since before January 1, 1995.
(2)CA Business & Professions Code § 5442.9(a)(2) Not more than one additional display is added to the number of signs within the city that do not conform to this article as of January 1, 2000.
(3)CA Business & Professions Code § 5442.9(a)(3) The display is located within the boundaries of the city.
(4)CA Business & Professions Code § 5442.9(a)(4) Placement or maintenance of the display does not require the immediate trimming, pruning, topping, or removal of existing trees to provide visibility to the display, unless done as part of the normal landscape maintenance activities that would have been undertaken without regard to the placement or maintenance of the display.
(5)CA Business & Professions Code § 5442.9(a)(5) No public funds are required to be expended to pay for the costs of the display.
(6)CA Business & Professions Code § 5442.9(a)(6) The display does not impose additional liability on the Department of Transportation.
(7)CA Business & Professions Code § 5442.9(a)(7) The display does not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code.
(8)CA Business & Professions Code § 5442.9(a)(8) All proceeds received by a participating city by allowing the erection of the nonconforming display are expended by the city solely for parks and programs for at-risk youth.
(9)CA Business & Professions Code § 5442.9(a)(9) The display does not advertise products or services which are directed at an adult population, including, but not limited to, alcohol, tobacco, and gambling activities.
(b)CA Business & Professions Code § 5442.9(b) For purposes of this section, city is any city that meets all of the following conditions:
(1)CA Business & Professions Code § 5442.9(b)(1) The city’s population is 17,000 persons or less.
(2)CA Business & Professions Code § 5442.9(b)(2) The city’s annual budget is less than eight million dollars ($8,000,000).
(3)CA Business & Professions Code § 5442.9(b)(3) The city’s geographical area is less than 1.7 square miles.
(4)CA Business & Professions Code § 5442.9(b)(4) The city is located in an urbanized county containing a population of 6,000,000 or more persons.

Section § 5442.10

Explanation

This law allows up to five advertising displays at the Oakland-Alameda County Coliseum, override general restrictions. These ads must be approved by the Coliseum Authority. They should each be 1,200 square feet or less, but three can be tall if they follow specific dimensions. Parts of signs that don’t count towards the total size or ads that promote coliseum activities are excluded from measurement. Ads can't promote adult products like alcohol or gambling. They must be placed in specific spots and comply with local regulations. If a display is moved due to road projects, it's not eligible for relocation compensation. Ads shouldn't cause lost federal highway funds, and changes in sign orientation need federal approval.

(a)CA Business & Professions Code § 5442.10(a) Notwithstanding any other provision of this chapter, Section 5440 does not apply to any advertising display if all of the following conditions are met:
(1)CA Business & Professions Code § 5442.10(a)(1) Not more than five advertising displays, whose placement or maintenance is otherwise prohibited under this chapter, shall be erected and only if approved by the Oakland-Alameda County Coliseum Authority.
(2)CA Business & Professions Code § 5442.10(a)(2) All five advertising displays shall meet the 1,200 square foot size restriction set forth in subdivision (a) of Section 5408. However, subject to subdivision (b), three of the advertising displays may be vertically oriented so long as those displays do not exceed 60 feet in height and 25 feet in length, including border and trim and excluding base or apron supports, and other structural members.
(3)CA Business & Professions Code § 5442.10(a)(3) The display area of each advertising display is measured by the smallest square, rectangle, circle, or combination that will encompass the display area. For purposes of this section, embellishments and secondary signs located in the border or trim around a display area advertising the name of the coliseum complex or the identities of athletic teams who are licensees or lessees of all or portions of the Oakland-Alameda County Coliseum Complex shall not cause the border or trim areas to be included in a display face for measurement purposes. In the case of an LED display advertising on-premises activities at the Oakland-Alameda County Coliseum Complex, or off-premises, noncommercial community activities, the LED portion of the display face shall not be included for measurement purposes.
(4)CA Business & Professions Code § 5442.10(a)(4) 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.
(5)CA Business & Professions Code § 5442.10(a)(5) 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.
(6)CA Business & Professions Code § 5442.10(a)(6) Each advertising display shall be located on the Oakland-Alameda County Coliseum Complex property and shall comply with the spacing requirements set forth in subdivision (d) of Section 5408, as implemented by department regulation.
(7)CA Business & Professions Code § 5442.10(a)(7) 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 within the Oakland-Alameda County Coliseum Complex property, and is not entitled to monetary compensation for the removal or relocation even if relocation is not possible.
(8)CA Business & Professions Code § 5442.10(a)(8) The display shall not cause a reduction in federal aid highway funds as provided in Section 131 of Title 23 of the United States Code.
(b)CA Business & Professions Code § 5442.10(b) For the specific purpose of this section and in accordance with the Memorandum for Record with the Federal Highway Administration dated January 17, 2001, upon the written request of the Oakland-Alameda County Coliseum Authority on behalf of its licensee or contractor seeking to erect one or more of the three advertising displays allowed by paragraph (2) of subdivision (a) consisting of a size not to exceed 60 feet in height and 25 feet in length, the department shall promptly request Federal Highway Administration approval of that change in orientation to ensure that the advertising displays will not cause a reduction in federal aid highway funds. Upon receipt of the approval from the Federal Highway Administration, the advertising display or displays may be erected.
(c)CA Business & Professions Code § 5442.10(c) For the purposes of this section, the Oakland-Alameda County Coliseum Complex is the real property and improvements located at 7000 Coliseum Way, City of Oakland, and more particularly described in Parcel Map 7000, filed August 1, 1996, Map Book 223, Page 84, Alameda County Records, Assessor’s Parcel Nos. 041-3901-008 and 041-3901-009.

Section § 5442.11

Explanation

This law allows up to four advertising displays in the Mid-City Recovery Redevelopment Project Area of Los Angeles, despite general prohibitions if they meet certain conditions. The displays must be approved by the city's Community Redevelopment Agency, comply with sections 5405 and 5408, and not require tree maintenance for visibility unless it's routine maintenance. The ads cannot promote adult-oriented products like alcohol or tobacco. If a display needs to be moved due to a transportation project, the owner can relocate it but won't receive money for doing so. Additionally, the displays must not lead to a loss of federal highway funding.

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)CA Business & Professions Code § 5442.11(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)CA Business & Professions Code § 5442.11(b) All four advertising displays meet the requirements set forth in Section 5405 and 5408.
(c)CA Business & Professions Code § 5442.11(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)CA Business & Professions Code § 5442.11(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)CA Business & Professions Code § 5442.11(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)CA Business & Professions Code § 5442.11(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.

Section § 5442.13

Explanation

This section allows a single advertising sign to be displayed by a non-profit educational academy in Los Angeles if the site is right next to State Highways 10 and 110, the academy's curriculum is arts and entertainment-focused, and the sign is on the roof of the academy's building. The earnings from this display must be used for the academy's operations. The advertisement can't promote adult-oriented products like alcohol or gambling. If the academy closes, the sign must come down, and if the location is sold, the billboard has to be removed by the seller. A financial audit of revenue from the ad display must be submitted regularly. The city must also meet certain conditions by a specific date, or requirements are waived.

(a)CA Business & Professions Code § 5442.13(a) Notwithstanding any other provision of this chapter, Section 5440 shall not prohibit an advertising display in the City of Los Angeles by a not-for-profit educational academy that is exempt from taxation pursuant to Section 501(c)(3) of Title 26 of the United States Code, if all of the following conditions are met:
(1)CA Business & Professions Code § 5442.13(a)(1) The exception provided by this section is limited to only one advertising display.
(2)CA Business & Professions Code § 5442.13(a)(2) The site of the academy is located immediately adjacent to State Highway Routes 10 and 110 in the City of Los Angeles.
(3)CA Business & Professions Code § 5442.13(a)(3) The academy’s curriculum focuses on providing arts and entertainment business education.
(4)CA Business & Professions Code § 5442.13(a)(4) The advertising display is constructed on the roof of the academy’s facility.
(5)CA Business & Professions Code § 5442.13(a)(5) The advertising display meets the requirements set forth in Sections 5405 and 5408.
(6)CA Business & Professions Code § 5442.13(a)(6) Placement or maintenance of the 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.
(7)CA Business & Professions Code § 5442.13(a)(7) Revenues accruing to the academy from the advertising display are used exclusively for the acquisition, operation, and improvement of the academy.
(b)CA Business & Professions Code § 5442.13(b) An advertising display erected pursuant to this section shall not advertise products or services that are directed at an adult population, including, but not limited to, alcohol, tobacco, gambling, or sexually explicit material.
(c)CA Business & Professions Code § 5442.13(c) If an advertising display erected pursuant to this section is removed for purposes of a transportation project undertaken by the department, the display owner shall be entitled to relocate that advertising display with no compensation for the removal or relocation, and the relocation shall be limited to a site on the property of the academy specified in subdivision (a).
(d)CA Business & Professions Code § 5442.13(d) An advertising display erected pursuant to this section shall not cause a reduction in federal aid highway funds, as provided in Section 131 of Title 23 of the United States Code.
(e)CA Business & Professions Code § 5442.13(e) If the academy specified in subdivision (a) closes or otherwise ceases to operate, the advertising display permitted under this section shall no longer be authorized and shall be removed from the property of the academy.
(f)CA Business & Professions Code § 5442.13(f) Notwithstanding Section 5412, if the property on which the academy specified in subdivision (a) is sold, the seller shall remove the billboard from the property without compensation before title to the property is transferred to the buyer.
(g)CA Business & Professions Code § 5442.13(g) The academy specified in subdivision (a) shall prepare an audit of the revenues generated by the advertising display authorized under this section that includes, but is not limited to, the total revenues generated from the display, the amount of revenues received by the academy, and the expenditures and uses of the revenue. The audit shall be submitted to the Controller and the Legislature on or before January 1, 2007, and every four years thereafter.
(h)CA Business & Professions Code § 5442.13(h) The academy specified in subdivision (a) shall comply with the provisions of the City of Los Angeles regulation designated as Section 12.21A 7 (l) of the Los Angeles Municipal Code. The requirements of this subdivision shall be waived if the City of Los Angeles fails to implement, comply with, and make a determination pursuant to the provisions of Section 12.21A7 (l) of the Los Angeles Municipal Code on or before January 1, 2005.

Section § 5443

Explanation

This law allows local governments like cities and counties to set their own rules about where advertising signs can be placed. It also permits local entities and the state to make agreements to move or adjust signs. Signs can be made taller or relocated as long as it doesn’t affect federal highway funds and follows state rules. If a sign is moved, it might need a new permit and can't increase the total number of signs along landscaped freeways across the state. Additionally, a relocated sign can be changed into a digital message center if it’s part of a relocation agreement, and this also requires a new permit.

Nothing in this article prohibits any of the following:
(a)CA Business & Professions Code § 5443(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)Copy CA Business & Professions Code § 5443(b)
(1)Copy CA Business & Professions Code § 5443(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)CA Business & Professions Code § 5443(b)(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).

Section § 5443.1

Explanation
If a billboard is legally set up, it can be changed into or swapped with a digital message board at its current spot. This change shouldn't lead to loss of federal highway funds or increase in non-compliant billboards in the state. However, turning it into a message board means it needs a new permit and must follow certain existing rules and regulations.
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).

Section § 5443.5

Explanation

This law says that the Department of Transportation can allow advertisements or displays to be moved to a new location if the land they're on is needed for public use. But this move requires approval from the agency that wants the land and the local area where the display will go. Importantly, this can't result in losing federal highway funding or increase the number of non-conforming displays in the area.

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.