SECTIONS 5350-5366 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5350-5366

5350. No person shall place any advertising display within the
areas affected by the provisions of this chapter in this state
without first having secured a written permit from the director or
from his authorized agent.

5351. Every person desiring a permit to place any advertising
display shall file an application with the director or with his
authorized agent.

5353. The application shall be filed on a blank to be furnished by
the director or by his agent. It shall set forth the name and address
of the applicant and shall contain a general description of the
property upon which it is proposed to place the advertising display
for which a permit is sought and a diagram indicating the location of
the proposed advertising display on the property, in such a manner
that the property and the location of the proposed advertising
display may be readily ascertained and identified.

5354. (a) The applicant for any permit shall offer written evidence
that both the owner or other person in control or possession of the
property upon which the location is situated and the city or the
county with land use jurisdiction over the property upon which the
location is situated have consented to the placing of the advertising
display.
(b) At the written request of the city or county with land use
jurisdiction over the property upon which a location is situated, the
department shall reserve the location and shall not issue a permit
for that location to any applicant, other than the one specified in
the request, in advance of receiving written evidence as provided in
subdivision (a) and for a period of time not to exceed 90 days from
the date the department received the request.
(c) In addition to the 90-day period set forth in subdivision (b),
an additional period of 30 days may be granted at the discretion of
the department upon any proof, satisfactory to the department and
provided by the city or county making the original request for a
90-day period, of the existence of extenuating circumstances meriting
an additional 30 days. There shall be a conclusive presumption in
favor of the department that the granting or denial of the request
for an additional 30 days was made in compliance with this
subdivision.

5355. An application for a permit to place a display shall contain
a description of the display, including its material, size, and
subject and the proposed manner of placing it.

5357. If the applicant for a permit is engaged in the outdoor
advertising business, the application shall contain the number of the
license issued by the director.

5358. When the application is in full compliance with this chapter
and if the advertising display will not be in violation of any other
state law, the director or the director's authorized agent shall,
within 10 days after compliance and upon payment by the applicant of
the fee provided by this chapter, issue a permit to place the
advertising display for the remainder of the calendar year in the
year in which the permit is issued and for an additional four
calendar years.

5359. (a) The issuance of a permit for the placing of an
advertising display includes the right to change the advertising copy
without obtaining a new permit and without the payment of any
additional permit fee.
(b) The issuance of a permit does not affect the obligation of the
owner of the advertising display to comply with a zoning ordinance
applicable to the advertising display under the provisions of this
chapter nor does the permit prevent the enforcement of the applicable
ordinance by the county.

5360. (a) The director shall establish a permit renewal term of
five years, which shall be reflected on the face of the permit.
(b) The director shall adopt regulations for permit renewal that
include procedures for late renewal within a period not to exceed one
year from the date of permit expiration. Any permit that was not
renewed after January 1, 1993, is deemed revoked.

5361. Each permit provided in this chapter shall carry an
identification number and shall entitle the holder to place the
advertising display described in the application.

5362. No person shall place any advertising display unless there is
securely fastened upon the front thereof an identification number
plate of the character specified in Section 5363. The placing of any
advertising display without having affixed thereto an identification
number plate is prima facie evidence that the advertising display has
been placed and is being maintained in violation of the provisions
of this chapter, and any such display shall be subject to removal as
provided in Section 5463.

5363. Identification number plates shall be furnished by the
director. Identification number plates shall bear the identification
number of the advertising display to which they are assigned.

5364. The provisions of this article shall apply to any advertising
display which was lawfully placed and which was in existence on
November 7, 1967, adjacent to an interstate or primary highway and
within the limits of an incorporated area, but for which a permit has
not heretofore been required. A permit which is issued pursuant to
this section shall be deemed to be a renewal of an original permit
for an existing advertising display.

5365. When a highway within an incorporated area is designated as
an interstate or a primary highway, each advertising display
maintained adjacent to such highway shall thereupon become subject to
all of the provisions of this act. For purposes of applying the
provisions of this act, each such display shall be considered as
though it had been placed along an interstate or a primary highway
during all of the time that it had been in existence. Within 30 days
of notification by the director of such highway designation, the
owner of each advertising display adjacent to such highway shall
notify the director of the location of such display on a form
prescribed by the director. The director shall issue a permit for
each such advertising display on the basis of the notification from
the display owner; provided that such permits will be issued and
renewed only if the owner pays the fees required by subdivision (b)
of Section 5485. Each permit issued pursuant to this section shall be
deemed to be a renewal of an original permit for an existing
advertising display.

5366. The issuance of a permit pursuant to this chapter does not
allow any person to erect an advertising display in violation of any
ordinance of any city, county, or city and county.