Section § 5400

Explanation
This law states that any advertising structure must show the name of the person who owns or takes care of it prominently on the structure.
No advertising structure may be maintained unless the name of the person owning or maintaining it, is plainly displayed thereon.

Section § 5401

Explanation

This law requires that any advertising structure, like billboards, must be strong enough to handle wind pressure of 20 pounds per square foot. If an advertising structure doesn't meet this standard, it has to be taken down according to another rule.

No advertising structure shall be placed unless it is built to withstand a wind pressure of 20 pounds per square foot of exposed surface. Any advertising structure not conforming to this section shall be removed as provided in Section 5463.

Section § 5402

Explanation

This law says you can't put up any ads or signs with obscene, indecent, or immoral words or images that offend public morals or decency.

No person shall display or cause or permit to be displayed upon any advertising structure or sign, any statements or words of an obscene, indecent or immoral character, or any picture or illustration of any human figure in such detail as to offend public morals or decency, or any other matter or thing of an obscene, indecent or immoral character.

Section § 5403

Explanation

This law sets rules for where and how advertising displays can be placed or maintained. It says you can't put ads in highway rights-of-way, places that mimic official traffic signs, areas prone to flooding, or on trees and rocks visible from highways. Displays visible from highways can't have red, blinking, or intensely bright lights that resemble warning signs, nor can they blind drivers. Also, you can't alter or remove plants on state property to make your ad more visible without a permit.

No advertising display shall be placed or maintained in any of the following locations or positions or under any of the following conditions or if the advertising structure or sign is of the following nature:
(a)CA Business & Professions Code § 5403(a) If within the right-of-way of any highway.
(b)CA Business & Professions Code § 5403(b) If visible from any highway and simulating or imitating any directional, warning, danger or information sign permitted under the provisions of this chapter, or if likely to be mistaken for any permitted sign, or if intended or likely to be construed as giving warning to traffic, by, for example, the use of the words “stop” or “slow down.”
(c)CA Business & Professions Code § 5403(c) If within any stream or drainage channel or below the floodwater level of any stream or drainage channel where the advertising display might be deluged by flood waters and swept under any highway structure crossing the stream or drainage channel or against the supports of the highway structure.
(d)CA Business & Professions Code § 5403(d) If not maintained in safe condition.
(e)CA Business & Professions Code § 5403(e) If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal.
(f)CA Business & Professions Code § 5403(f) If visible from any highway which is a part of the interstate or primary systems, and which is placed upon trees, or painted or drawn upon rocks or other natural features.
(g)CA Business & Professions Code § 5403(g) If any illumination shall impair the vision of travelers on adjacent highways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Section 21466.5 of the Vehicle Code.
(h)CA Business & Professions Code § 5403(h) If visible from a state regulated highway displaying any flashing, intermittent, or moving light or lights.
(i)CA Business & Professions Code § 5403(i) If, in order to enhance the display’s visibility, the owner of the display or anyone acting on the owner’s behalf removes, cuts, cuts down, injures, or destroys any tree, shrub, plant, or flower growing on property owned by the department that is visible from the highway without a permit issued pursuant to Section 670 of the Streets and Highways Code.

Section § 5404

Explanation

This law prohibits placing advertising displays outside business districts or in certain areas unless specific conditions are met. You can't put ads within 300 feet of where highways intersect or near railroads, unless they don't block drivers' views. Displays near highways must not block views of oncoming traffic from 500 feet away.

No advertising display shall be placed outside of any business district as defined in the Vehicle Code or outside of any unincorporated city, town or village, or outside of any area that is subdivided into parcels of not more than 20,000 square feet each in area in any of the following locations or positions, or under any of the following conditions, or if the advertising display is of the following nature:
(a)CA Business & Professions Code § 5404(a) If within a distance of 300 feet from the point of intersection of highway or of highway and railroad right-of-way lines, except that this does not prevent the placing of advertising display on that side of an intercepted highway that is opposite the point of interception. But in case any permanent building, structure or other object prevents any traveler on any such highway from obtaining a clear view of approaching vehicles for a distance of 300 feet, then advertising displays may be placed on such buildings, structure or other object if such displays will not further obstruct the vision of those approaching the intersection or interception, or if any such display does not project more than one foot therefrom.
(b)CA Business & Professions Code § 5404(b) If placed in such a manner as to prevent any traveler on any highway from obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway.

Section § 5405

Explanation

This law generally prohibits placing advertising displays within 660 feet of interstate or primary highways if the ads are visible from the road. However, there are exceptions. Allowed displays include official road signs, ads about the sale or lease of the property where the sign is located, and ads for businesses located on that property. Flashing or moving light displays are not allowed, except for certain public service info. Message center displays are also allowed but can't have moving messages or be too close to each other. Existing signs from before certain dates may continue under certain conditions. Local governments can impose stricter rules for off-premises ads.

Notwithstanding any other provision of this chapter, no advertising display shall be placed or maintained within 660 feet from the edge of the right-of-way of, and the copy of which is visible from, any interstate or primary highway, other than any of the following:
(a)CA Business & Professions Code § 5405(a) Directional or other official signs or notices that are required or authorized by law, including, but not limited to, signs pertaining to natural wonders and scenic and historical attractions, and which comply with regulations adopted by the director relative to their lighting, size, number, spacing, and any other requirements as may be appropriate to implement this chapter which are consistent with national standards adopted by the United States Secretary of Transportation pursuant to subdivision (c) of Section 131 of Title 23 of the United States Code.
(b)CA Business & Professions Code § 5405(b) Advertising displays advertising the sale or lease of the property upon which they are located, if all advertising displays within 660 feet of the edge of the right-of-way of a bonus segment comply with the regulations adopted under Sections 5251 and 5415.
(c)CA Business & Professions Code § 5405(c) Advertising displays which advertise the business conducted, services rendered, or goods produced or sold upon the property upon which the advertising display is placed, if the display is upon the same side of the highway as the advertised activity; and if all advertising displays within 660 feet of the right-of-way of a bonus segment comply with the regulations adopted under Sections 5251, 5403, and 5415; and except that no advertising display shall be placed after January 1, 1971, if it contains flashing, intermittent, or moving lights (other than that part necessary to give public service information, including, but not limited to, the time, date, temperature, weather, or similar information, or a message center display as defined in subdivision (d)).
(d)Copy CA Business & Professions Code § 5405(d)
(1)Copy CA Business & Professions Code § 5405(d)(1) Message center displays that comply with all requirements of this chapter. The illumination or the appearance of illumination resulting in a message change of a message center display is not the use of flashing, intermittent, or moving light for purposes of subdivision (b) of Section 5408, except that no message center display may include any illumination or message change that is in motion or appears to be in motion or that changes in intensity or exposes its message for less than four seconds. No message center display may be placed within 1,000 feet of another message center display on the same side of the highway. No message center display may be placed in violation of Section 131 of Title 23 of the United States Code.
(2)CA Business & Professions Code § 5405(d)(2) Any message center display located beyond 660 feet from the edge of the right-of-way of an interstate or primary highway and permitted by a city, county, or city and county on or before December 31, 1988, is in compliance with Article 6 (commencing with Section 5350) and Article 7 (commencing with Section 5400) for purposes of this section.
(3)CA Business & Professions Code § 5405(d)(3) Any message center display legally placed on or before December 31, 1996, which does not conform with this section may continue to be maintained under its existing criteria if it advertises only the business conducted, services rendered, or goods produced or sold upon the property upon which the display is placed.
(4)CA Business & Professions Code § 5405(d)(4) This subdivision does not prohibit the adoption by a city, county, or city and county of restrictions or prohibitions affecting off-premises message center displays which are equal to or greater than those imposed by this subdivision, if that ordinance or regulation does not restrict or prohibit on-premises advertising displays, as defined in Chapter 2.5 (commencing with Section 5490).
(e)CA Business & Professions Code § 5405(e) Advertising displays erected or maintained pursuant to regulations of the director, not inconsistent with the national policy set forth in subdivision (f) of Section 131 of Title 23 of the United States Code and the standards promulgated thereunder by the Secretary of Transportation, and designed to give information in the specific interest of the traveling public.

Section § 5405.3

Explanation
In California, you can put up temporary political signs that promote voting in an election, as long as federal rules aren't violated. These signs can't be placed on highways or within 660 feet of landscaped freeways. They must be put up no earlier than 90 days before and taken down within 10 days after an election. The signs must be under 32 square feet. You also need to file a form saying who will take them down and cover any costs if the state removes them.
Nothing in this chapter, including, but not limited to, Section 5405, shall prohibit the placing of temporary political signs, unless a federal agency determines that such placement would violate federal regulations. However, no such sign shall be placed within the right-of-way of any highway or within 660 feet of the edge of and visible from the right-of-way of a landscaped freeway.
A temporary political sign is a sign which:
(a)CA Business & Professions Code § 5405.3(a) Encourages a particular vote in a scheduled election.
(b)CA Business & Professions Code § 5405.3(b) Is placed not sooner than 90 days prior to the scheduled election and is removed within 10 days after that election.
(c)CA Business & Professions Code § 5405.3(c) Is no larger than 32 square feet.
(d)CA Business & Professions Code § 5405.3(d) Has had a statement of responsibility filed with the department certifying a person who will be responsible for removing the temporary political sign and who will reimburse the department for any cost incurred to remove it.

Section § 5405.5

Explanation

This law allows farmers to put up signs near highways to show where they are selling produce directly to consumers, as long as the produce comes from their own farm or ranch. The signs must be within 660 feet of the highway, must not list any prices, and they can't be larger than 150 square feet.

In addition to those displays permitted pursuant to Section 5405, displays erected and maintained pursuant to regulations of the director, which will not be in violation of Section 131 of Title 23 of the United States Code, and which identify the location of a farm produce outlet where farmers sell directly to the public only those farm or ranch products they have produced themselves, may be placed or maintained within 660 feet from the edge of the right-of-way so that the copy of the display is visible from a highway.
The advertising displays shall indicate the location of the farm products but not the price of any product and shall not be larger than 150 square feet.

Section § 5405.6

Explanation

This law says that large outdoor advertising signs, bigger than 10 feet in length or width, can't be placed on land owned by the Los Angeles County Metropolitan Transportation Authority unless specific rules are followed. These rules include complying with both this chapter and the federal Highway Beautification Act, as well as any local advertising regulations. The Authority must respect all existing laws and local rules about advertising displays and can't ignore them.

Notwithstanding any other provision of law, no outdoor advertising display that exceeds 10 feet in either length or width, shall be built on any land or right-of-way owned by the Los Angeles County Metropolitan Transportation Authority, including any of its rights-of-way, unless the authority complies with any applicable provisions of this chapter, the federal Highway Beautification Act of 1965 (23 U.S.C.A. Sec. 131), and any local regulatory agency’s rules or policies concerning outdoor advertising displays. The authority shall not disregard or preempt any law, ordinance, or regulation of any city, county, or other local agency involving any outdoor advertising display.

Section § 5406

Explanation

This law says that certain rules from other sections don't apply to specific parts of highways, known as 'bonus segments,' if they pass through or next to commercial or industrial zones that existed in towns as of September 21, 1959. These areas are managed by local city rules. However, any advertising signs placed within 660 feet of these highway segments must follow another rule, Section 5408.

The provisions of Sections 5226 and 5405 shall not apply to bonus segments which traverse and abut on commercial or industrial zones within the boundaries of incorporated municipalities, as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to and abutting on the national system of interstate and defense highways is subject to municipal regulation or control, or which traverse and abut on other business areas where the land use, as of September 21, 1959, was clearly established by state laws as industrial or commercial, provided that advertising displays within 660 feet of the edge of the right-of-way of such bonus segments shall be subject to the provisions of Section 5408.

Section § 5407

Explanation

This law says that certain rules about billboards and signs don't apply to those located in business areas, as long as they follow another specific guideline. However, if a business closes and the area isn't used for commercial or industrial purposes anymore, the signs must be taken down within five years.

The provisions of Sections 5226 and 5405 shall not apply to penalty segments which are located, or which are to be located, in business areas and which comply with Section 5408, except that Sections 5226 and 5405 shall apply to unzoned commercial or industrial areas in which the commercial or industrial activity ceases and is removed or permanently converted to other than a commercial or industrial activity, and displays in such areas shall be removed not later than five years following the cessation, removal, or conversion of the commercial or industrial activity.

Section § 5408

Explanation

This law outlines the rules for placing advertising signs near highways in business areas. Signs can't be larger than 1,200 square feet and have to follow specific height and length limits. They must not be so bright they interfere with traffic signs or drivers' vision and cannot include flashing lights, except for public info like time or weather. Signs should not block views of traffic signals or the road. There's also a minimum distance requirement between signs, ranging from 100 to 500 feet depending on the highway type and location. Exceptions to spacing rules exist for signs separated by buildings or closely related to existing laws. It defines 'urban area' using federal guidelines. Existing signs from before August 1967 can stay if they're already approved by local laws.

In addition to the advertising displays permitted by Section 5405 to be placed within 660 feet of the edge of the right-of-way of interstate or primary highways, advertising displays conforming to the following standards, and not in violation of any other provision of this chapter, may be placed in those locations if placed in business areas:
(a)CA Business & Professions Code § 5408(a) Advertising displays may not be placed that exceed 1,200 square feet in area with a maximum height of 25 feet and a maximum length of 60 feet, including border and trim, and excluding base or apron supports and other structural members. This subdivision shall apply to each facing of an advertising display. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement. Two advertising displays not exceeding 350 square feet each may be erected in a facing. Any advertising display lawfully in existence on August 1, 1967, that exceeds 1,200 square feet in area, and that is permitted by city or county ordinance, may be maintained in existence.
(b)CA Business & Professions Code § 5408(b) Advertising displays may not be placed that are so illuminated that they interfere with the effectiveness of, or obscure any official traffic sign, device, or signal; nor shall any advertising display include or be illuminated by flashing, intermittent, or moving lights (except that part necessary to give public service information such as time, date, temperature, weather, or similar information); nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver’s operation of a motor vehicle.
(c)CA Business & Professions Code § 5408(c) Advertising displays may not be placed to obstruct, or otherwise physically interfere with, an official traffic sign, signal, or device or to obstruct, or physically interfere with, the vision of drivers in approaching, merging, or intersecting traffic.
(d)CA Business & Professions Code § 5408(d) No advertising display shall be placed within 500 feet from another advertising display on the same side of any portion of an interstate highway or a primary highway that is a freeway. No advertising display shall be placed within 500 feet of an interchange, or an intersection at grade, or a safety roadside rest area on any portion of an interstate highway or a primary highway that is a freeway and if the interstate or primary highway is located outside the limits of an incorporated city and outside the limits of an urban area. No advertising display shall be placed within 300 feet from another advertising display on the same side of any portion of a primary highway that is not a freeway if that portion of the primary highway is located outside the limits of an incorporated city and outside the limits of an urban area. No advertising display shall be placed within 100 feet from another advertising display on the same side of any portion of a primary highway that is not a freeway if that portion of the primary highway is located inside the limits of an incorporated city or inside the limits of an urban area.
(e)CA Business & Professions Code § 5408(e) Subdivision (d) does not apply to any of the following:
(1)CA Business & Professions Code § 5408(e)(1) Advertising displays that are separated by a building or other obstruction in a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time.
(2)CA Business & Professions Code § 5408(e)(2) Double-faced, back-to-back, or V-type advertising display, with a maximum of two signs per facing, as permitted in subdivision (a).
(3)CA Business & Professions Code § 5408(e)(3) Advertising displays permitted by subdivisions (a) to (c), inclusive, of Section 5405. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.
(4)CA Business & Professions Code § 5408(e)(4) Any advertising display lawfully in existence on August 1, 1967, which does not conform to this subdivision but that is permitted by city or county ordinances.
(f)CA Business & Professions Code § 5408(f) “Urban area,” as used in subdivision (d), shall be determined in accordance with Section 101(a) of Title 23 of the United States Code.

Section § 5408.1

Explanation

This law restricts where you can place advertising displays near highways, especially beyond 660 feet from the highway’s edge if the area isn't urban or commercial. In business areas of urban zones, signs must meet specific rules on size, spacing, and lighting. If a sign was legal before this law but doesn’t meet the new rules, it doesn't have to be removed until 1980, unless federal law demands payment for its removal—then it can stay until compensation is provided. An urban area is defined by a federal code.

(a)CA Business & Professions Code § 5408.1(a) No advertising display shall be placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway if such advertising display is located outside of an urban area or within that portion of an urban area that is not a business area, is visible from the main traveled way of such highway, and is placed with the purpose of its message being read from such main traveled way, unless such advertising display is included within one of the classes of displays permitted by Section 5405 to be placed within 660 feet from the edge of such highway. Such display may be placed or maintained within the portion of an urban area that is also a business area if such display conforms to the criteria for size, spacing and lighting set forth in Section 5408.
(b)CA Business & Professions Code § 5408.1(b) Any advertising display which was lawfully in existence on the effective date of the enactment of this section, but which does not conform to the provisions of this section, shall not be required to be removed until January 1, 1980. If federal law requires the state to pay just compensation for the removal of any such display, it may remain in place after January 1, 1980, and until just compensation is paid for its removal pursuant to Section 5412.
(c)CA Business & Professions Code § 5408.1(c) For purposes of this section, an urban area means an area so designated in accordance with the provisions of Section 101 of Title 23 of the United States Code.

Section § 5408.2

Explanation

If you have an advertising sign on property next to State Highway Route 10 (Interstate 10) in Los Angeles County, you can get a permit for it as long as it replaces a sign that had to be removed for a busway project. Also, the sign must have been eligible for a permit when it was put up, following most rules except a few specific ones at that time, and it needs to follow the rules as they were on January 1, 1984. Lastly, the sign has to have been there since at least January 1, 1984.

Notwithstanding any other provision of this chapter, an advertising display is a lawfully erected advertising display and, upon application and payment of the application fee, the director shall issue a permit for the display if it meets all of the following conditions:
(a)CA Business & Professions Code § 5408.2(a) The display was erected on property adjacent to State Highway Route 10 (Interstate 10) in the unincorporated area of the County of Los Angeles in order to replace a display which was required to be removed because the property on which it was located was acquired by the State of California to facilitate construction of the busway on Route 10 in the County of Los Angeles.
(b)CA Business & Professions Code § 5408.2(b) Upon proper application, the display could have qualified for a permit at the time it was erected, except for Sections 5351 and 5408 and Article 5 (commencing with Section 5320) as in effect at the time.
(c)CA Business & Professions Code § 5408.2(c) The display conforms to Section 5408 as in effect on January 1, 1984.
(d)CA Business & Professions Code § 5408.2(d) The display was in existence on January 1, 1984.

Section § 5408.3

Explanation

This law says that cities or counties in California can create their own rules about how close together and how big advertising signs can be, even if those rules are stricter than the state's rules.

Notwithstanding Section 5408, a city or a county with land use jurisdiction over the property may adopt an ordinance that establishes standards for the spacing and sizes of advertising displays that are more restrictive than those imposed by the state.

Section § 5408.5

Explanation

This law section allows advertising displays on bus shelters or benches by highways under certain conditions. Key rules include ensuring these displays are not too close to rural highways and comply with federal and traffic safety standards. They must be placed at approved passenger loading areas and won't need a state permit if local agreements are in place. Displays can't stick out beyond the shelter or bench, and only two ads are allowed per shelter.

In addition to the advertising displays permitted by Sections 5405 and 5408, advertising displays located on bus passenger shelters or benches and conforming to the following standards may be placed on or adjacent to a highway:
(a)CA Business & Professions Code § 5408.5(a) The advertising display may not be within 660 feet of and visible from any federal-aid interstate or primary rural highway, and any advertising display within 660 feet of and visible from any urban highway shall be consistent with federal law and regulations.
(b)CA Business & Professions Code § 5408.5(b) The advertising display shall meet traffic safety standards of the public entity having operational authority over the highway. These standards may include provisions requiring a finding and certification by an appropriate official that the proposed advertising display does not constitute a hazard to traffic.
(c)CA Business & Professions Code § 5408.5(c) Bus passenger shelters or benches with advertising displays may only be placed at approved passenger loading areas.
(d)CA Business & Professions Code § 5408.5(d) Bus passenger shelters or benches with advertising displays may only be placed in accordance with a permit or agreement with the public entity having operational authority over the highway adjacent to where, or upon which, the advertising display is to be placed.
(e)CA Business & Professions Code § 5408.5(e) Any advertising display on bus passenger shelters or benches may not extend beyond the exterior limits of the shelter or bench.
(f)CA Business & Professions Code § 5408.5(f) There may not be more than two advertising displays on any bus passenger shelter.
(g)CA Business & Professions Code § 5408.5(g) Advertising displays placed on bus passenger shelters or benches pursuant to a permit or agreement with a local public entity shall not be subject to the state permit requirements specified in Article 6 (commencing with Section 5350).

Section § 5408.7

Explanation

This law is all about outdoor advertising on street furniture like benches or trash cans in San Francisco along certain state or federal highways. It allows these ads provided they follow city traffic safety rules, are consistent with federal laws, and have city permits. The city and county are responsible for defending the state if any claims arise due to these ads. If it looks like following these rules could cause a loss of federal highway funds for California, the law can be stopped. The law also mentions this isn't setting a precedent for other advertising laws.

(a)CA Business & Professions Code § 5408.7(a) It is the intent of the Legislature that this section shall not serve as a precedent for other changes to the law regarding outdoor advertising displays on, or adjacent to, highways. The Legislature recognizes that the streets in the City and County of San Francisco that are designated as state or federal highways are unique in that they are also streets with street lights, sidewalks, and many of the other features of busy urban streets. At the same time, these streets double as a way, and often the only way, for people to move through the city and county from one boundary to another. The Legislature recognizes the particular topography of the City and County of San Francisco, the popularity of the area as a tourist destination, the high level of foot traffic, and the unique design of its highways.
(b)CA Business & Professions Code § 5408.7(b) For purposes of this section, “street furniture” is any kiosk, trash receptacle, bench, public toilet, news rack, or public telephone placed on, or adjacent to, a street designated as a state or federal highway.
(c)CA Business & Professions Code § 5408.7(c) In addition to the advertising displays permitted by Sections 5405, 5408, and 5408.5, advertising displays located on street furniture may be placed on, or adjacent to, any street designated as a state or federal highway within the jurisdiction of a city and county, subject to all of the following conditions:
(1)CA Business & Professions Code § 5408.7(c)(1) The advertising display meets the traffic safety standards of the city and county. These standards may include provisions requiring a finding and certification by an appropriate official of the city and county that the proposed advertising display does not constitute a hazard to traffic.
(2)CA Business & Professions Code § 5408.7(c)(2) Any advertising display that is within 660 feet of, and visible from, any street designated as a state or federal highway shall be consistent with federal law and regulations.
(3)CA Business & Professions Code § 5408.7(c)(3) Advertising displays on street furniture shall be placed in accordance with a permit or agreement with the city and county.
(4)CA Business & Professions Code § 5408.7(c)(4) Advertising displays on street furniture shall not extend beyond the exterior limits of the street furniture.
(d)CA Business & Professions Code § 5408.7(d) Advertising displays placed on street furniture pursuant to a permit or agreement with the city and county shall not be subject to the state permit requirements of Article 6 (commencing with Section 5350). This subdivision does not affect the authority of the state to enforce compliance with federal law and regulations, as required by paragraph (2) of subdivision (c).
(e)Copy CA Business & Professions Code § 5408.7(e)
(1)Copy CA Business & Professions Code § 5408.7(e)(1) The city and county shall, upon written notice of any suit or claim of liability against the state for any injury arising out of the placement of an advertising display approved by the city and county pursuant to subdivision (c), defend the state against the claim and provide indemnity to the state against any liability on the suit or claim.
(2)CA Business & Professions Code § 5408.7(e)(2) For the purposes of this subdivision, “indemnity” has the same meaning as defined in Section 2772 of the Civil Code.
(f)Copy CA Business & Professions Code § 5408.7(f)
(1)Copy CA Business & Professions Code § 5408.7(f)(1) This section shall become inoperative not later than 60 days from the date the director receives notice from the United States Secretary of Transportation that future operation of this section will result in a reduction of the state’s share of federal highway funds pursuant to Section 131 of Title 23 of the United States Code.
(2)CA Business & Professions Code § 5408.7(f)(2) Upon receipt of the notice described in paragraph (1), the director shall notify in writing the Secretary of State and the City and County of San Francisco of that receipt.
(3)CA Business & Professions Code § 5408.7(f)(3) This section shall be repealed on January 1 immediately following the date the Secretary of State receives the notice required under paragraph (2).

Section § 5410

Explanation

This law section talks about advertising signs located near certain highways. If a sign was legally put up before a specific date but doesn't follow new rules, it can stay up until July 1, 1970. Other legal signs that later don't meet new rules can stay up until five years after they stop conforming. However, this doesn't apply to signs next to landscaped freeways.

Any advertising display located within 660 feet of the edge of the right-of-way of, and the copy of which is visible from, any penalty segment, or any bonus segment described in Section 5406 which display was lawfully maintained in existence on the effective date of this section but which was not on that date in conformity with the provisions of this article, may be maintained, and shall not be required to be removed until July 1, 1970. Any other sign which is lawful when erected, but which does not on January 1, 1968, or any time thereafter, conform to the provisions of this article, may be maintained, and shall not be required to be removed, until the end of the fifth year after it becomes nonconforming; provided that this section shall not apply to advertising displays adjacent to a landscaped freeway.

Section § 5412

Explanation

This law says that if a billboard or other advertisement was put up legally, it can't be forced to be taken down or limited without paying the owners for it. This rule applies unless certain exceptions noted in other sections are met. The payment is defined under the rules of Eminent Domain, which is about compensating property owners when the government takes land. This includes billboards put up after November 6, 1978, or those in place on that date, even if they don't meet current rules. However, it doesn't cover signs at the same location as specified in another section or those moved with a deal between the owner and local officials. The law encourages agreements to relocate signs that allow development while still keeping private investments and public communication. Local governments can make these deals and set rules about moving signs.

Notwithstanding any other provision of this chapter, no advertising display which was lawfully erected anywhere within this state shall be compelled to be removed, nor shall its customary maintenance or use be limited, whether or not the removal or limitation is pursuant to or because of this chapter or any other law, ordinance, or regulation of any governmental entity, without payment of compensation, as defined in the Eminent Domain Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure), except as provided in Sections 5412.1, 5412.2, and 5412.3. The compensation shall be paid to the owner or owners of the advertising display and the owner or owners of the land upon which the display is located.
This section applies to all displays which were lawfully erected in compliance with state laws and local ordinances in effect when the displays were erected if the displays were in existence on November 6, 1978, or lawfully erected after November 6, 1978, regardless of whether the displays have become nonconforming or have been provided an amortization period. This section does not apply to on-premise displays as specified in Section 5272 or to displays which are relocated by mutual agreement between the display owner and the local entity.
“Relocation,” as used in this section, includes removal of a display and construction of a new display to substitute for the display removed.
It is a policy of this state to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. Cities, counties, cities and counties, and all other local entities are specifically empowered to enter into relocation agreements on whatever terms are agreeable to the display owner and the city, county, city and county, or other local entity, and to adopt ordinances or resolutions providing for relocation of displays.

Section § 5412.1

Explanation

This law allows a city or county to require the removal of displays, like signs, from residential areas without paying for them, as long as certain conditions are met. The sign must be in an area marked residential on local plans and also be legally zoned for residential use. It should not be close to major highways and shouldn't be required to be removed by special zoning rules. The sign owner must also be given time before removal that depends on the sign's value, with pricier signs allowed to stay up longer. These rules apply if changes are made to comply with laws after January 1, 1983, and adjustments to costs consider construction cost changes annually.

A city, county, or city and county, whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the entity elects to require the removal without compensation of any display which meets all the following requirements:
(a)CA Business & Professions Code § 5412.1(a) The display is located within an area shown as residential on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section.
(b)CA Business & Professions Code § 5412.1(b) The display is located within an area zoned for residential use either on the date on which the removal requirement is adopted or becomes applicable to the area.
(c)CA Business & Professions Code § 5412.1(c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.
(d)CA Business & Professions Code § 5412.1(d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.
(e)CA Business & Professions Code § 5412.1(e) The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of Notice
Minimum Years
of Removal Requirement
Allowed
   Under $1,999 ........................
2
 $2,000 to $3,999 ........................
3
 $4,000 to $5,999 ........................
4
 $6,000 to $7,999 ........................
5
 $8,000 to $9,999 ........................
6
$10,000 and over ........................
7
The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.

Section § 5412.2

Explanation

This section allows a city to require the removal of certain signs without paying for it if those signs meet specific conditions. The signs must be in an area classified as agricultural on a local plan and zoned for agricultural use. They shouldn't be within 660 feet of a major highway with their message visible from the road. The signs also can't be in a special zone meant to control signs. Finally, the law sets minimum years these displays can remain based on their market value when removal is ordered, ranging from 2 years for signs valued under $1,999 to 7 years for those worth $10,000 or more. These values are adjusted each year based on construction cost changes.

A city or city and county, whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the entity elects to require the removal without compensation of any display which meets all the following requirements:
(a)CA Business & Professions Code § 5412.2(a) The display is located within an incorporated area shown as agricultural on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section.
(b)CA Business & Professions Code § 5412.2(b) The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area.
(c)CA Business & Professions Code § 5412.2(c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.
(d)CA Business & Professions Code § 5412.2(d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.
(e)CA Business & Professions Code § 5412.2(e) The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of Notice
Minimum Years
of Removal Requirement
Allowed
   Under $1,999 ........................
2
 $2,000 to $3,999 ........................
3
 $4,000 to $5,999 ........................
4
 $6,000 to $7,999 ........................
5
 $8,000 to $9,999 ........................
6
$10,000 and over ........................
7
The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.

Section § 5412.3

Explanation

This law explains when a county can require a sign to be removed without owing the owner compensation. The rules apply if the sign is in an unincorporated agricultural area, based on local plans, and it isn’t close enough to major highways to be seen by drivers. The law also specifies that such signs must not be subject to extra strict zoning rules about sign removal. Additionally, it sets timelines for how long signs can stay up before being removed, depending on their value, and these timelines are adjusted for construction cost changes each year.

A county whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the county elects to require the removal without compensation of any display which meets all the following requirements:
(a)CA Business & Professions Code § 5412.3(a) The display is located within an unincorporated area shown as agricultural on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section.
(b)CA Business & Professions Code § 5412.3(b) The display is located within an area zoned for agricultural use either on the date on which the removal requirement is adopted or becomes applicable to the area.
(c)CA Business & Professions Code § 5412.3(c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way.
(d)CA Business & Professions Code § 5412.3(d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.
(e)CA Business & Professions Code § 5412.3(e) The display is allowed to remain in existence for the period of time set forth below after the adoption or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement:
Fair Market Value on Date of Notice
Minimum Years
of Removal Requirement
Allowed
   Under $1,999 ........................
 3.0
 $2,000 to $3,999 ........................
 4.5
 $4,000 to $5,999 ........................
 6.0
 $6,000 to $7,999 ........................
 7.5
 $8,000 to $9,999 ........................
 9.0
$10,000 and over ........................
10.5
The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs.

Section § 5412.4

Explanation

This law says that Section 5412 doesn't apply to court cases started before January 1, 1982, by a city or county. However, it does apply to cases about removing advertising signs near highways. Specifically, it concerns ads within 660 feet of the highway or ads farther away if they're meant to be seen from the highway.

Section 5412 shall not be applied in any judicial proceeding which was filed and served by any city, county, or city and county prior to January 1, 1982, except that Section 5412 shall be applied in litigation to prohibit the removal without compensation of any advertising display located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, or any advertising display placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway that is placed with the purpose of its message being read from the main traveled way of the highway.

Section § 5412.6

Explanation

If the government wants a billboard or sign that's already there to be taken down just so you can get a permit or approval for something that isn't related to the sign, they have to pay you for it, unless the new building or structure can't be put up without removing the sign anyway.

The requirement by a governmental entity that a lawfully erected display be removed as a condition or prerequisite for the issuance or continued effectiveness of a permit, license, or other approval for any use, structure, development, or activity other than a display constitutes a compelled removal requiring compensation under Section 5412, unless the permit, license, or approval is requested for the construction of a building or structure which cannot be built without physically removing the display.

Section § 5413

Explanation

Before taking legal action to remove an advertising display, the director can choose to negotiate a compensation agreement with the person who is owed money for the display. If negotiations don’t work out, or if the director decides not to negotiate, a civil lawsuit can be started according to another law. To help with negotiations, the Department of Transportation will create a price list for different kinds of advertising displays, based on current data. This list must be updated every two years and is available to public agencies that ask for it.

Prior to commencing judicial proceedings to compel the removal of an advertising display, the director may elect to negotiate with the person entitled to compensation in order to arrive at an agreement as to the amount of compensation to be paid. If the negotiations are unsuccessful, or if the director elects not to engage in negotiations, a civil proceeding may be instituted as set forth in Section 5414.
To facilitate the negotiations, the Department of Transportation shall prepare a valuation schedule for each of the various types of advertising displays based on all applicable data. The schedule shall be updated at least once every two years. The schedule shall be made available to any public entity requesting a copy.

Section § 5414

Explanation

This law section states that if there's a need to remove displays and figure out any compensation owed because of that, the process to do so should follow specific rules found in another part of the law, specifically Title 7 of the Code of Civil Procedure.

Proceedings to compel the removal of displays and to determine the compensation required by this chapter shall be conducted pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure.

Section § 5415

Explanation

This law involves the rules for putting up and keeping advertising signs along certain highways. The director must follow national guidelines set by the U.S. Secretary of Transportation, but can't make these guidelines stricter than California's own rules regarding sign size, spacing, or lighting. Additionally, after November 8, 1967, any new federal laws can't be adopted without California's legislative approval. Signs cannot violate the national standards that were in place as of that date.

The director shall prescribe and enforce regulations for the erection and maintenance of advertising displays permitted by Sections 5226, 5405, and 5408 consistent with Section 131 of Title 23 of the United States Code and the national standards promulgated thereunder by the Secretary of Transportation; provided, that the director shall not prescribe regulations imposing stricter requirements for the size, spacing or lighting of advertising displays than are prescribed by Section 5408 and provided that the director shall not prescribe regulations to conform to changes in federal law or regulations made after November 8, 1967, without prior legislative approval.
Notwithstanding any other provisions of this chapter, no outdoor advertising shall be placed or maintained adjacent to any interstate highway or primary highway in violation of the national standards promulgated pursuant to subsections (c) and (f) of Section 131 of Title 23 of the United States Code, as such standards existed on November 8, 1967.

Section § 5416

Explanation

This law section says that a director in California should work with the U.S. Secretary of Transportation to enter agreements and take necessary steps to secure federal funds. These funds are under Section 131 of Title 23 of the U.S. Code and are meant to cover 75% of certain compensation costs related to transportation projects.

The director shall seek, and may enter into, agreements with the Secretary of Transportation of the United States and shall take such steps as may be necessary from time to time to obtain, and may accept, any allotment of funds as provided by subdivision (j) of Section 131 of Title 23 of the United States Code, as amended from time to time, and such steps as may be necessary from time to time to obtain funds allotted pursuant to Section 131 for the purpose of paying the 75 percent federal share of the compensation required by subdivision (g) of Section 131 of Title 23 of the United States Code.

Section § 5417

Explanation

This law allows the California Transportation Commission to allocate money from both state and federal sources to pay compensation as outlined by the relevant chapter.

From state funds appropriated by the Legislature for such purposes and from federal funds made available for such purposes, the California Transportation Commission may allocate funds to the director for payment of compensation authorized by this chapter.

Section § 5418

Explanation

This law allows the California Transportation Commission to use money from the State Highway Account to match federal funds specifically for taking down outdoor advertising signs.

The California Transportation Commission is authorized to allocate sufficient funds from the State Highway Account in the State Transportation Fund that are available for capital outlay purposes to match federal funds made available for the removal of outdoor advertising displays.

Section § 5418.1

Explanation

This section outlines how a commission should prioritize funds when removing outdoor advertising signs, particularly those that don't conform to legal standards. The highest priority is given to cases where replacing the signs would alleviate hardships, especially if they are near state-designated scenic highways. The priority order is: hardship situations by highways, scenic highway conflicts, product advertising in unincorporated and incorporated areas, and lastly, signs that provide directions, with signs aimed at non-drivers prioritized before those for drivers.

When allocating funds pursuant to Section 5418, the commission shall consider, and may designate for expenditure, all or any part of such funds in accordance with the following order of priorities for removal of those outdoor advertising displays for which compensation is provided pursuant to Section 5412:
(a)CA Business & Professions Code § 5418.1(a) Hardship situations involving outdoor advertising displays located adjacent to highways which are included within the state scenic highway system, including those nonconforming outdoor advertising displays which are offered for immediate removal by the owners thereof.
(b)CA Business & Professions Code § 5418.1(b) Hardship situations involving outdoor advertising displays located adjacent to other highways, including those nonconforming outdoor advertising displays which are offered for removal by the owners thereof.
(c)CA Business & Professions Code § 5418.1(c) Nonconforming outdoor advertising displays located adjacent to highways which are included within the state scenic highway system.
(d)CA Business & Professions Code § 5418.1(d) Nonconforming outdoor advertising displays which are generally used for product advertising, and which are located in unincorporated areas.
(e)CA Business & Professions Code § 5418.1(e) Nonconforming outdoor advertising displays which are generally used for product advertising located within incorporated areas.
(f)CA Business & Professions Code § 5418.1(f) Nonconforming outdoor advertising displays which are generally used for non-motorist-oriented directional advertising.
(g)CA Business & Professions Code § 5418.1(g) Nonconforming outdoor advertising displays which are generally used for motorist-related directional advertising.

Section § 5419

Explanation

This law requires the director to try to make an agreement with the U.S. Secretary of Transportation to control outdoor advertising in California. This agreement might change the definitions of what counts as 'commercial or industrial areas' but won't take effect until the state legislature amends the relevant sections to match the agreement. If no agreement can be reached, the director needs to seek a court ruling to see if California's rules align with federal standards. If the court finds the current rules or proposed agreement don't match federal requirements, the director has to negotiate a new deal that fits the court's interpretation.

(a)CA Business & Professions Code § 5419(a) The director shall seek agreement with the Secretary of Transportation of the United States, or his successor, under provisions of Section 131 of Title 23 of the United States Code, to provide for effective control of outdoor advertising substantially as set forth herein, provided that such agreement can vary and change the definition of “unzoned commercial or industrial area” as set forth in Section 5222 and the definition of “business area” as set forth in Section 5223, or other sections related thereto, and provided further that if such agreement does vary from such sections it shall not be effective until the Legislature by statute amends the sections to conform with the terms of the agreement. If agreement is reached on these terms, the director shall execute the agreement on behalf of the state.
(b)CA Business & Professions Code § 5419(b) In the event an agreement cannot be achieved under subdivision (a), the director shall promptly institute proceedings of the kind provided for in subdivision (l) of Section 131 of Title 23 of the United States Code, in order to obtain a judicial determination as to whether this chapter and the regulations promulgated thereunder provide effective control of outdoor advertising as set forth therein. In such action the director shall request that the court declare rights, status, and other legal relations and declare whether the standards, criteria, and definitions contained in the agreement proposed by the director are consistent with customary use. If such agreement is held by the court in a final judgment to be invalid in whole or in part as inconsistent with customary use or as otherwise in conflict with Section 131 of Title 23 of the United States Code, the director shall promptly negotiate with the Secretary of Transportation, or his successor, a new agreement or agreements which shall conform to this chapter, as interpreted by the court in such action.