Mobile billboard advertising displays: local ordinances.

(1) The Planning and Zoning Law authorizes the legislative body of a city or county to adopt ordinances that regulate, among other things, signs and billboards. Existing law prohibits a local authority from enacting or enforcing an ordinance on matters covered by the Vehicle Code unless expressly authorized by the code. This bill would expressly authorize a local authority to regulate mobile billboard advertising displays, as defined, including the establishment of penalties. Existing law authorizes a peace officer, or a regularly employed and salaried public employee who is engaged in directing traffic or enforcing parking laws and regulations, to remove a vehicle located within the territorial limits in which the officer or employee is allowed to act under specified and enumerated circumstances, including when a vehicle is parked or left standing where local authorities by resolution or ordinance have prohibited parking and have authorized the removal of vehicles. Existing law also requires that a vehicle may not be removed unless signs are posted giving notice of the removal. This bill would authorize the removal of a vehicle under these provisions when the vehicle is a mobile billboard advertising display and is parked or left standing in violation of a local resolution or ordinance, if the registered owner of the vehicle was previously issued a warning citation for the same offense. The bill would authorize a city or county, in lieu of posting signs with respect to the ordinance, to provide notice, prior to removal of a vehicle, by issuing a warning citation advising the registered owner of the vehicle that he or she may be subject to penalties, including the removal of the vehicle, upon a subsequent violation of the ordinance. The bill would provide that a city or county is not required to provide any further notice for a subsequent violation prior to enforcing those penalties. (2) This bill would incorporate changes to Section 21100 of the Vehicle Code proposed by both this bill and AB 2294, which would become operative only if both bills are enacted and become effective on or before January 1, 2011, and this bill is enacted last.