Rialto Municipal Code Ch. 9.97 Regulation of Mobile Billboard Advertising Displays and Advertising…

The city council finds and declares that the provisions of this chapter are enacted for the following reasons:

A. Temporary signs affixed to motor vehicles pose a significant public safety risk, particularly when the vehicle is involved in a collision or is parked or driven during high wind conditions.

B. Advertising signs improperly attached to a motor vehicle or placed entirely over the windows of the motor vehicle or that exceed that length, width or height of the vehicle are not only a visual blight, but pose a safety risk to vehicular traffic and pedestrians.

C. Mobile billboard advertising displays and advertising signs, standing alone in the street or attached to motor vehicles, reduce available on-street parking and impair visibility of pedestrians and drivers.

D. It is the purpose of this chapter to establish rules for the removal of mobile billboard advertising displays and safe use of advertising signs standing alone in the street or attached to motor vehicles within the city.

(Ord. No. 1578, § 2, 11-8-16)

"Mobile billboard advertising display" when used in this chapter, means an advertising display that is attached to a mobile, non-motorized vehicle, device, or bicycle that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising.

"Permanently affixed" when used in this chapter means any of the following: (a) painted directly on the body of a motor vehicle; (b) applied as a decal on the body of a motor vehicle; (c) placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer as defined in Section 672 of the California Vehicle Code and licensed pursuant to Section 11701 of the California Vehicle Code, in compliance with both state and federal law or guidelines, for the express purpose of containing an advertising sign.

(Ord. No. 1578, § 2, 11-8-16)

Pursuant to Section 22651, Subdivisions (v) and (w), of the California Vehicle Code, any peace officer, or any regularly employed and salaried employee of the city, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations may remove, or cause to be removed, the mobile billboard advertising display or anything that the mobile billboard advertising display is attached to, including a motor vehicle, located within the territorial limits of the city when the mobile billboard advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied: (a) a mobile billboard advertising display, either standing alone or attached to a motor vehicle, and is parked or left standing in violation of this code, if the registered owner of the vehicle or display was previously issued a warning citation for the same offense; (b) a warning citation was issued to a first-time offender at least twenty-four hours prior to the removal of the vehicle or display; and (c) the warning citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle or display.

(Ord. No. 1578, § 2, 11-8-16)

A motor vehicle may contain advertising signs that are painted directly upon or are permanently affixed to the body of, an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle. A license plate frame installed in compliance with Section 5201 of the California Vehicle Code may contain an advertisement on that license plate frame and/or a paper advertisement contained within the license plate frame if the paper advertisement was issued by a motor vehicle dealer. A motor vehicle in violation of this section may be impounded pursuant to Section 22651(w), Subsections (1) and (2) of the California Vehicle Code.

(Ord. No. 1578, § 2, 11-8-16)

Section 22852 of the California Vehicle Code applies to this section with respect to the removal of any motor vehicle pursuant to section 22651(w)(1) of the California Vehicle Code as well as any vehicle pursuant to Section 22651 (v)(1) of the California Vehicle Code. Section 22852 of the California Vehicle Code is incorporated by reference and provides, in summary, that whenever an authorized employee of the city directs the storage of a vehicle, the city shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within forty-eight hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing, in person, in writing or by telephone, within ten days of the date appearing on the notice.

(Ord. No. 1578, § 2, 11-8-16)

After the initial warning citation, a subsequent offense of this chapter is a misdemeanor, punishable upon conviction by a fine or by imprisonment in the county jail for not more than six months or by both fine and imprisonment, pursuant to Section 1.16.040. The city council may establish from time to time by resolution an increase in the amount of the fine.

(Ord. No. 1578, § 2, 11-8-16)