Redlands Municipal Code Ch. 8.58 Regulation of Mobile Billboard Advertising Displays

MOBILE BILLBOARD ADVERTISING DISPLAY: An advertising display that is attached to a mobile, nonmotorized vehicle, device, or bicycle that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising, in accordance with section 395.5 of the California Vehicle Code, and sections amendatory or supplementary thereto. (Ord. 2765, 2011)

It shall be unlawful for any person to park a mobile billboard advertising display on any public street or city lands and rights of way. (Ord. 2765, 2011)

A. Pursuant to section 22651 of the California Vehicle Code, and sections amendatory or supplementary thereto, any peace officer, or any regularly employed and salaried employee of the city, who is engaged in directing traffic or enforcing parking laws and regulations in which the mobile billboard advertising display is located may remove the mobile billboard advertising display located within the territorial limits of the city when the mobile billboard advertising display is found upon any public street or city lands or rights of way if all of the following requirements are satisfied:

1. When a vehicle is a mobile billboard advertising display and is parked or left standing in violation of this code, if the registered owner of the vehicle was previously issued a warning citation for the same offense.

2. A warning citation was issued to the registered owner of the vehicle at least twenty four (24) hours prior to the removal of the vehicle. The city is not required, pursuant to section 22651(v)(2) of the California Vehicle Code and sections amendatory or supplementary thereto, to provide further notice for a subsequent violation prior to enforcement; and

3. The warning citation advised the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of this chapter that may include the removal of the vehicle.

B. Alternatively, a mobile billboard advertising display may be removed without prior issuance of a warning citation if the city has posted signs in accordance with California Vehicle Code section 22507(a), giving notice that it is unlawful to park, stand or otherwise allow to remain on any street, any mobile billboard advertising display. (Ord. 2765, 2011)

Section 22852 of the California Vehicle Code applies to this section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized member of a public agency directs the storage of a vehicle, the public agency shall direct the storage operator to provide the vehicle's registered and legal owner of record, or the owner's agent, with the opportunity for a poststorage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner within forty eight (48) hours, excluding weekends, as specifically provided for under section 22852 of the California Vehicle Code. To receive a poststorage hearing, the owner of record, or the owner's agent, must request a hearing in person, in writing, or by telephone within ten (10) days of the date appearing on the notice. The city may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle. (Ord. 2765, 2011)

After the initial warning citation, a subsequent offense of this chapter is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in jail for not more than six (6) months, or by both fine and imprisonment. (Ord. 2765, 2011)