Los Angeles Municipal Code Art. 5.2.5 Restrictions on Signs Advertising Tobacco Products

(Article and Section Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)

Regulating tobacco product advertising on certain signs is a reasonable and necessary means to protect and promote the general welfare of the children and minors of the City of Los Angeles exposed to certain signs advertising tobacco products.

The Supreme Court has repeatedly recognized that children and minors deserve special solicitude because they lack the ability to assess and fully analyze the information presented through commercial advertising.

Signs which can be seen from the outdoors are a unique and distinguishable medium of advertising which subjects the general public to involuntary and unavoidable forms of solicitation.

The regulations promote the general welfare and temperance of children and minors and are intended to help reduce the illegal consumption and purchase of tobacco products by children and minors by limiting their exposure to the advertising of tobacco products on certain on-site and off-site signs.

(Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)

The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in Sections 11.01, 12.03 and 91.6203 of this Code.

A. Entertainment Park - a commercial enterprise that offers rides, games and other entertainment.

B. Public Parks and Playgrounds - an area of land, beach or pier set aside for public recreational and/or ornamental purposes, which is under the control, operation or management of a governmental agency, and wherein there may be an area containing, but not limited to, equipment such as swings and seesaws, athletic fields, baseball diamonds, basketball courts, tennis courts, or swimming pools.

C. Publicly Visible Location - any outdoor location visible to the general public including, but not limited to, off-site signs, pole signs, wall signs, projecting signs, monument signs, illuminated architectural canopy signs, marquee signs, mural signs, freestanding signboards, and roof signs, and, including, any location that is inside a building wherein the sign is attached to, affixed to, leaning against, or otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building. The term “publicly visible location” shall not include any location that is visible only by those inside the building premises.

D. Religious Institution - any building or structure that is maintained and used exclusively for religious worship, including customary incidental, educational and social activities in conjunction therewith.

E. Residential Use - any lot that is identified in the adopted Community Plan as having a Commercial Land Use designation that permits residential uses.

F. Residential Zone - any RA, RE, RS, R1, RU, RW1, R2, RD, RMP, RW2, R3, R4 or R5 zoned lot as set forth in Section 12.04 of this Code.

G. Schools - an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.

H. Tobacco Products - any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco snuff, chewing tobacco and dipping tobacco; cigarette papers; or any other instrument or

paraphernalia that is designed for the smoking or ingestion of tobacco or products prepared from tobacco.

I. Youth Center - any designated indoor, public, private or parochial facility, other than a private residence or a multiple dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not yet reached the age of 18 years, including, but not limited to, community-based programs, after-school programs, weekend programs, violence prevention programs, leadership development programs, vocational programs, substance abuse prevention programs, individual or group counseling, remedial, tutorial or other educational assistance or enrichment, music, art, dance and other recreational or cultural activities, physical fitness activities and sports programs.

(Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)

A. No person shall place, permit, or maintain on any on-site or off- site sign, a poster, placard, device, graphic display, or any other form of advertising that advertises tobacco products in publicly visible locations within 1,000 feet of any residential zone, residential use, school, religious institution, entertainment park, youth center, or public park or playground except as permitted under Section 45.23.

B. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of a residentially zoned property, residential use, school, religious institution, entertainment park, youth center, or the perimeter of a public park or playground to the closest visible edge of the advertising sign face without regard to intervening structures.

(Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)

The prohibitions set forth in this article shall not apply to the following signs advertising tobacco products. This section shall not be construed to permit any sign that is otherwise restricted or prohibited by law.

A. The placement of signs advertising tobacco products:

(1) Inside the premises of a building that lawfully sells tobacco products, unless such sign is attached to, affixed to, leaning against, or otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building; or

(2) On commercial vehicles used exclusively for transporting tobacco products.

B. Any on-site sign that contains the name or slogan of a business that lawfully sells tobacco products that has been placed at or upon the business premises for the purpose of identifying the business.

C. Any on-site sign that contains only generic word descriptions of cigarettes, cigars, tobacco, smoke, or any other generic description of tobacco products.

D. Any neon or electrically charged sign, if otherwise allowed by the Los Angeles Municipal Code, within the premises of a building that lawfully sells tobacco products that is provided as part of a promotion of a particular brand of tobacco products, unless such sign is attached to, affixed to, leaning against, or otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building.

E. Any sign located inside a stadium, arena, or amphitheater, provided the sign cannot be seen from outside the stadium, arena, or amphitheater.

F. Any sign or other form of advertising on a Metropolitan Transit Authority vehicle, or any other government operated, contracted or licensed mode or method of transportation. This exception shall not apply to any mode or method of transportation operated, contracted or licensed by the City of Los Angeles. G. The display of public service messages or similar announcement opposing the use of tobacco products or that are designed to encourage minors to refrain from using or purchasing tobacco products. However, this subsection shall not be construed to permit an advertisement which purports to oppose the use of tobacco products when that message is conveyed in conjunction with the display of a recognized tobacco company logo, trademark or name used for marketing or promotion of tobacco products.

H. Any sign advertising of tobacco products that is otherwise consistent with the signage provisions contained in Article IV and Exhibit I of the Reciprocal Easement and Environmental Restriction Agreement by and among the City of Los Angeles, the Community Redevelopment Agency of the City of Los Angeles, and L. A. Arena Land Company, Inc., recorded in the official records of the County of Los Angeles as Instrument No. 95801502.

I. The display of any non-commercial message.

(Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)

Violations. It shall be unlawful for any person to violate any provision of this article. Any person or who violates any of the provisions of this article or causes or permits another person to violate any of the provisions of this article is guilty of a misdemeanor. Each violation of the provisions of this article shall constitute a separate offense.

(Added by Ord. No. 172,212, Eff. 10/23/98, Oper. 10/23/99.)

The provisions of this article shall become operative 365 days from its effective date.