AdvertisersRegulations
Section § 5400
Section § 5401
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.
Section § 5402
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.
Section § 5403
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.
Section § 5404
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.
Section § 5405
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.
Section § 5405.3
Section § 5405.5
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.
Section § 5405.6
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.
Section § 5406
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.
Section § 5407
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.
Section § 5408
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.
Section § 5408.1
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.
Section § 5408.2
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.
Section § 5408.3
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.
Section § 5408.5
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.
Section § 5408.7
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.
Section § 5410
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.
Section § 5412
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.
Section § 5412.1
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.
Section § 5412.2
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.
Section § 5412.3
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.
Section § 5412.4
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 § 5412.6
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.
Section § 5413
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.
Section § 5414
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.
Section § 5415
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.
Section § 5416
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.
Section § 5417
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.
Section § 5418
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.
Section § 5418.1
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.
Section § 5419
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.