Agoura Hills Municipal Code Ch. 9 Mobile Billboard Advertising Displays

This chapter shall be known and may be cited as the "Mobile Billboard Advertising Displays Ordinance."

(Ord. No. 11-390, § 2, 12-14-2011)

It is the intent of this chapter to implement the provisions of California Vehicle Code Sections 21100(m), 22651(v), and 22852.

(Ord. No. 11-390, § 2, 12-14-2011)

For purposes of this chapter, the term "mobile billboard advertising display" has the meaning provided by California Vehicle Code Section 395.5 as such statute now reads and may hereafter be amended.

(Ord. No. 11-390, § 2, 12-14-2011)

It shall be unlawful for any person to park or leave standing a mobile billboard advertising display on any public street or public property within the city. Any such mobile billboard advertising display shall be considered to be parked or left standing in violation of this section if it has not been moved more than one-quarter (¼) of a mile (one thousand three hundred and twenty (1,320) feet) away after having been parked or left standing for up to a one-hour (sixty (60) minutes) period.

(Ord. No. 11-390, § 2, 12-14-2011)

Any peace officer, or any regularly-employed and salaried city employee who is engaged in directing traffic or enforcing parking laws and regulations, may remove a mobile billboard advertising display found upon any public street or public property within the city when all of the following are true:

(a) The mobile billboard advertising display is parked or left standing in violation of this chapter.

(b) The registered owner of the mobile billboard advertising display was previously issued a warning citation for violation of this chapter.

(c) The warning citation was issued to a first-time offender at least twenty-four (24) hours prior to the removal of the mobile billboard advertising display and the warning citation advised the registered owner of the mobile billboard advertising display that upon a subsequent violation of this chapter he or she may be subject to penalties that may include removal of the mobile billboard advertising display.

(Ord. No. 11-390, § 2, 12-14-2011)

(a) Whenever a peace officer, non-sworn code enforcement officer, or non-sworn parking enforcement officer of the city directs the storage of a mobile billboard advertising display, the city shall provide the registered and legal owner(s) of record of the mobile billboard advertising display, or their agent(s), opportunity for a post-storage hearing to determine whether reasonable grounds justified the removal. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within forty-eight (48) hours, excluding weekends and holidays.

(b) The owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone to the city clerk within ten (10) days of the date appearing on the notice or the right to hearing is waived.

(c) The city shall conduct the hearing within forty-eight (48) hours, excluding weekends and holidays, of receipt of the request, unless such timeframe is waived in writing by the person requesting the hearing. The city shall inform the person(s) requesting the hearing of the time and place for the hearing.

(d) The city may authorize any officer or employee to conduct the hearing, provided that the hearing officer is not the person who directed the storage of the vehicle. The hearing officer shall determine the validity of the removal and storage of the mobile billboard advertising display at the conclusion of the hearing.

(e) Following the hearing, if the hearing officer finds that the mobile billboard advertising display was improperly removed and stored, it shall be released to the owner at the storage facility and the city shall bear the cost of removal and storage. Otherwise, the mobile billboard advertising display shall be returned to the owner only after payment of any and all fines or fees, any outstanding amounts owed to the city for previous violations involving the same or similar mobile billboard advertising displays, and the costs of removal and storage incurred by the city up to the time of release. The hearing officer shall determine the total amount to be paid prior to release of the mobile billboard advertising display, consistent with this subsection.

(Ord. No. 11-390, § 2, 12-14-2011)

After an initial warning citation, any subsequent violation of this chapter is a misdemeanor or infraction as determined by the city prosecutor, punishable pursuant to chapter 2 (penalties) of article I (general provisions) of this Code.

(Ord. No. 11-390, § 2, 12-14-2011)