Chapter 6.20 — ADVERTISING NEAR LANDSCAPED FREEWAYS

State Law reference— For the statutory provisions regulating the erection of advertising displays adjacent to landscaped freeways, see Bus. and Prof. Code §§5440—5443; for the statutory provisions authorizing municipal regulation of advertisements generally, see Gov. Code §38774.

As used in this chapter, certain terms are defined as follows:

A.

"Advertising display" refers to advertising structures and to signs.

B.

"Advertising structure" refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary.

C.

"Freeway" means a highway in respect to which the owners of abutting lands have no right or easement to access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the state.

D.

"Landscaped freeway" means a section or sections of a freeway which is now, or hereafter may be, improved by the planting, at least on one side of the freeway right-of-way, of lawns, trees, shrubs, flowers, or other ornamental vegetation which requires reasonable maintenance.

Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway.

E.

"To place." The verb "to place" and any of its variants as applied to advertising displays includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, stitching, carving, or otherwise fastening, affixing, or making visible, any advertising display on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure, or thing.

F.

"Sign" refers to any card, cloth, metal, painted or wooden sign of any character, placed for outdoor advertising purposes on which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary.

G.

Neither "advertising structure" nor "sign" as used in this chapter includes:

Official notices issued by a court or public body or officer;

Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice;

Directional, warning, or information signs or structures required or authorized by law or by federal, state, or municipal authority.

(Ord. 136 §1, 1966)

No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been, or hereafter may be, landscaped as defined herein, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of a freeway.

(Ord. 136 §2, 1966)

The provisions of section 6.20.020 shall not apply to any of the following listed advertising structures or signs used exclusively:

A.

To advertise the sale or lease of the property on which the advertising display is placed;

B.

To designate the name of the owner or occupant of the premises upon which the advertising display is placed or to identify such premises;

C.

To advertise the business conducted or goods manufactured or produced, or services rendered upon the property upon which the advertising display is placed.

(Ord. 136 §3, 1966)

Any advertising structure or sign which is now, or hereafter may be, in violation of the provisions of section

chapter or within three years from the date when the project for the landscaping of a section or sections of

a freeway has been completed or accepted, and the character of said section or section have been changed from a freeway to a landscaped freeway, whichever is later.

(Ord. 136 §4, 1966)