SECTIONS 5400-5419 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5400-5419

5400. No advertising structure may be maintained unless the name of
the person owning or maintaining it, is plainly displayed thereon.

5401. No advertising structure shall be placed unless it is built
to withstand a wind pressure of 20 pounds per square foot of exposed
surface. Any advertising structure not conforming to this section
shall be removed as provided in Section 5463.

5402. No person shall display or cause or permit to be displayed
upon any advertising structure or sign, any statements or words of an
obscene, indecent or immoral character, or any picture or
illustration of any human figure in such detail as to offend public
morals or decency, or any other matter or thing of an obscene,
indecent or immoral character.

5403. No advertising display shall be placed or maintained in any
of the following locations or positions or under any of the following
conditions or if the advertising structure or sign is of the
following nature:
(a) If within the right-of-way of any highway.
(b) If visible from any highway and simulating or imitating any
directional, warning, danger or information sign permitted under the
provisions of this chapter, or if likely to be mistaken for any
permitted sign, or if intended or likely to be construed as giving
warning to traffic, by, for example, the use of the words "stop" or
"slow down."
(c) If within any stream or drainage channel or below the
floodwater level of any stream or drainage channel where the
advertising display might be deluged by flood waters and swept under
any highway structure crossing the stream or drainage channel or
against the supports of the highway structure.
(d) If not maintained in safe condition.
(e) If visible from any highway and displaying any red or blinking
or intermittent light likely to be mistaken for a warning or danger
signal.
(f) If visible from any highway which is a part of the interstate
or primary systems, and which is placed upon trees, or painted or
drawn upon rocks or other natural features.
(g) If any illumination shall impair the vision of travelers on
adjacent highways. Illuminations shall be considered vision impairing
when its brilliance exceeds the values set forth in Section 21466.5
of the Vehicle Code.
(h) If visible from a state regulated highway displaying any
flashing, intermittent, or moving light or lights.
(i) If, in order to enhance the display's visibility, the owner of
the display or anyone acting on the owner's behalf removes, cuts,
cuts down, injures, or destroys any tree, shrub, plant, or flower
growing on property owned by the department that is visible from the
highway without a permit issued pursuant to Section 670 of the
Streets and Highways Code.

5404. No advertising display shall be placed outside of any
business district as defined in the Vehicle Code or outside of any
unincorporated city, town or village, or outside of any area that is
subdivided into parcels of not more than 20,000 square feet each in
area in any of the following locations or positions, or under any of
the following conditions, or if the advertising display is of the
following nature:
(a) If within a distance of 300 feet from the point of
intersection of highway or of highway and railroad right-of-way
lines, except that this does not prevent the placing of advertising
display on that side of an intercepted highway that is opposite the
point of interception. But in case any permanent building, structure
or other object prevents any traveler on any such highway from
obtaining a clear view of approaching vehicles for a distance of 300
feet, then advertising displays may be placed on such buildings,
structure or other object if such displays will not further obstruct
the vision of those approaching the intersection or interception, or
if any such display does not project more than one foot therefrom.
(b) If placed in such a manner as to prevent any traveler on any
highway from obtaining a clear view of approaching vehicles for a
distance of 500 feet along the highway.

5405. Notwithstanding any other provision of this chapter, no
advertising display shall be placed or maintained within 660 feet
from the edge of the right-of-way of, and the copy of which is
visible from, any interstate or primary highway, other than any of
the following:
(a) Directional or other official signs or notices that are
required or authorized by law, including, but not limited to, signs
pertaining to natural wonders and scenic and historical attractions,
and which comply with regulations adopted by the director relative to
their lighting, size, number, spacing, and any other requirements as
may be appropriate to implement this chapter which are consistent
with national standards adopted by the United States Secretary of
Transportation pursuant to subdivision (c) of Section 131 of Title 23
of the United States Code.
(b) Advertising displays advertising the sale or lease of the
property upon which they are located, if all advertising displays
within 660 feet of the edge of the right-of-way of a bonus segment
comply with the regulations adopted under Sections 5251 and 5415.
(c) Advertising displays which advertise the business conducted,
services rendered, or goods produced or sold upon the property upon
which the advertising display is placed, if the display is upon the
same side of the highway as the advertised activity; and if all
advertising displays within 660 feet of the right-of-way of a bonus
segment comply with the regulations adopted under Sections 5251,
5403, and 5415; and except that no advertising display shall be
placed after January 1, 1971, if it contains flashing, intermittent,
or moving lights (other than that part necessary to give public
service information, including, but not limited to, the time, date,
temperature, weather, or similar information, or a message center
display as defined in subdivision (d)).
(d) (1) Message center displays that comply with all requirements
of this chapter. The illumination or the appearance of illumination
resulting in a message change of a message center display is not the
use of flashing, intermittent, or moving light for purposes of
subdivision (b) of Section 5408, except that no message center
display may include any illumination or message change that is in
motion or appears to be in motion or that changes in intensity or
exposes its message for less than four seconds. No message center
display may be placed within 1,000 feet of another message center
display on the same side of the highway. No message center display
may be placed in violation of Section 131 of Title 23 of the United
States Code.
(2) Any message center display located beyond 660 feet from the
edge of the right-of-way of an interstate or primary highway and
permitted by a city, county, or city and county on or before December
31, 1988, is in compliance with Article 6 (commencing with Section
5350) and Article 7 (commencing with Section 5400) for purposes of
this section.
(3) Any message center display legally placed on or before
December 31, 1996, which does not conform with this section may
continue to be maintained under its existing criteria if it
advertises only the business conducted, services rendered, or goods
produced or sold upon the property upon which the display is placed.
(4) This subdivision does not prohibit the adoption by a city,
county, or city and county of restrictions or prohibitions affecting
off-premises message center displays which are equal to or greater
than those imposed by this subdivision, if that ordinance or
regulation does not restrict or prohibit on-premises advertising
displays, as defined in Chapter 2.5 (commencing with Section 5490).
(e) Advertising displays erected or maintained pursuant to
regulations of the director, not inconsistent with the national
policy set forth in subdivision (f) of Section 131 of Title 23 of the
United States Code and the standards promulgated thereunder by the
Secretary of Transportation, and designed to give information in the
specific interest of the traveling public.

5405.3. Nothing in this chapter, including, but not limited to,
Section 5405, shall prohibit the placing of temporary political
signs, unless a federal agency determines that such placement would
violate federal regulations. However, no such sign shall be placed
within the right-of-way of any highway or within 660 feet of the edge
of and visible from the right-of-way of a landscaped freeway.
A temporary political sign is a sign which:
(a) Encourages a particular vote in a scheduled election.
(b) Is placed not sooner than 90 days prior to the scheduled
election and is removed within 10 days after that election.
(c) Is no larger than 32 square feet.
(d) Has had a statement of responsibility filed with the
department certifying a person who will be responsible for removing
the temporary political sign and who will reimburse the department
for any cost incurred to remove it.

5405.5. In addition to those displays permitted pursuant to Section
5405, displays erected and maintained pursuant to regulations of the
director, which will not be in violation of Section 131 of Title 23
of the United States Code, and which identify the location of a farm
produce outlet where farmers sell directly to the public only those
farm or ranch products they have produced themselves, may be placed
or maintained within 660 feet from the edge of the right-of-way so
that the copy of the display is visible from a highway.
The advertising displays shall indicate the location of the farm
products but not the price of any product and shall not be larger
than 150 square feet.

5405.6. Notwithstanding any other provision of law, no outdoor
advertising display that exceeds 10 feet in either length or width,
shall be built on any land or right-of-way owned by the Los Angeles
County Metropolitan Transportation Authority, including any of its
rights-of-way, unless the authority complies with any applicable
provisions of this chapter, the federal Highway Beautification Act of
1965 (23 U.S.C.A. Sec. 131), and any local regulatory agency's rules
or policies concerning outdoor advertising displays. The authority
shall not disregard or preempt any law, ordinance, or regulation of
any city, county, or other local agency involving any outdoor
advertising display.

5406. The provisions of Sections 5226 and 5405 shall not apply to
bonus segments which traverse and abut on commercial or industrial
zones within the boundaries of incorporated municipalities, as such
boundaries existed on September 21, 1959, wherein the use of real
property adjacent to and abutting on the national system of
interstate and defense highways is subject to municipal regulation or
control, or which traverse and abut on other business areas where
the land use, as of September 21, 1959, was clearly established by
state laws as industrial or commercial, provided that advertising
displays within 660 feet of the edge of the right-of-way of such
bonus segments shall be subject to the provisions of Section 5408.

5407. The provisions of Sections 5226 and 5405 shall not apply to
penalty segments which are located, or which are to be located, in
business areas and which comply with Section 5408, except that
Sections 5226 and 5405 shall apply to unzoned commercial or
industrial areas in which the commercial or industrial activity
ceases and is removed or permanently converted to other than a
commercial or industrial activity, and displays in such areas shall
be removed not later than five years following the cessation,
removal, or conversion of the commercial or industrial activity.

5408. In addition to the advertising displays permitted by Section
5405 to be placed within 660 feet of the edge of the right-of-way of
interstate or primary highways, advertising displays conforming to
the following standards, and not in violation of any other provision
of this chapter, may be placed in those locations if placed in
business areas:
(a) Advertising displays may not be placed that exceed 1,200
square feet in area with a maximum height of 25 feet and a maximum
length of 60 feet, including border and trim, and excluding base or
apron supports and other structural members. This subdivision shall
apply to each facing of an advertising display. The area shall be
measured by the smallest square, rectangle, triangle, circle, or
combination thereof, which will encompass the entire advertisement.
Two advertising displays not exceeding 350 square feet each may be
erected in a facing. Any advertising display lawfully in existence on
August 1, 1967, that exceeds 1,200 square feet in area, and that is
permitted by city or county ordinance, may be maintained in
existence.
(b) Advertising displays may not be placed that are so illuminated
that they interfere with the effectiveness of, or obscure any
official traffic sign, device, or signal; nor shall any advertising
display include or be illuminated by flashing, intermittent, or
moving lights (except that part necessary to give public service
information such as time, date, temperature, weather, or similar
information); nor shall any advertising display cause beams or rays
of light to be directed at the traveled ways if the light is of an
intensity or brilliance as to cause glare or to impair the vision of
any driver, or to interfere with any driver's operation of a motor
vehicle.
(c) Advertising displays may not be placed to obstruct, or
otherwise physically interfere with, an official traffic sign,
signal, or device or to obstruct, or physically interfere with, the
vision of drivers in approaching, merging, or intersecting traffic.
(d) No advertising display shall be placed within 500 feet from
another advertising display on the same side of any portion of an
interstate highway or a primary highway that is a freeway. No
advertising display shall be placed within 500 feet of an
interchange, or an intersection at grade, or a safety roadside rest
area on any portion of an interstate highway or a primary highway
that is a freeway and if the interstate or primary highway is located
outside the limits of an incorporated city and outside the limits of
an urban area. No advertising display shall be placed within 300
feet from another advertising display on the same side of any portion
of a primary highway that is not a freeway if that portion of the
primary highway is located outside the limits of an incorporated city
and outside the limits of an urban area. No advertising display
shall be placed within 100 feet from another advertising display on
the same side of any portion of a primary highway that is not a
freeway if that portion of the primary highway is located inside the
limits of an incorporated city or inside the limits of an urban area.
(e) Subdivision (d) does not apply to any of the following:
(1) Advertising displays that are separated by a building or other
obstruction in a manner that only one display located within the
minimum spacing distances set forth herein is visible from the
highway at any one time.
(2) Double-faced, back-to-back, or V-type advertising display,
with a maximum of two signs per facing, as permitted in subdivision
(a).
(3) Advertising displays permitted by subdivisions (a) to (c),
inclusive, of Section 5405. The minimum distance between signs shall
be measured along the nearest edge of the pavement between points
directly opposite the signs along each side of the highway.
(4) Any advertising display lawfully in existence on August 1,
1967, which does not conform to this subdivision but that is
permitted by city or county ordinances.
(f) "Urban area," as used in subdivision (d), shall be determined
in accordance with Section 101(a) of Title 23 of the United States
Code.

5408.1. (a) No advertising display shall be placed or maintained
beyond 660 feet from the edge of the right-of-way of an interstate or
primary highway if such advertising display is located outside of an
urban area or within that portion of an urban area that is not a
business area, is visible from the main traveled way of such highway,
and is placed with the purpose of its message being read from such
main traveled way, unless such advertising display is included within
one of the classes of displays permitted by Section 5405 to be
placed within 660 feet from the edge of such highway. Such display
may be placed or maintained within the portion of an urban area that
is also a business area if such display conforms to the criteria for
size, spacing and lighting set forth in Section 5408.
(b) Any advertising display which was lawfully in existence on the
effective date of the enactment of this section, but which does not
conform to the provisions of this section, shall not be required to
be removed until January 1, 1980. If federal law requires the state
to pay just compensation for the removal of any such display, it may
remain in place after January 1, 1980, and until just compensation is
paid for its removal pursuant to Section 5412.
(c) For purposes of this section, an urban area means an area so
designated in accordance with the provisions of Section 101 of Title
23 of the United States Code.

5408.2. Notwithstanding any other provision of this chapter, an
advertising display is a lawfully erected advertising display and,
upon application and payment of the application fee, the director
shall issue a permit for the display if it meets all of the following
conditions:
(a) The display was erected on property adjacent to State Highway
Route 10 (Interstate 10) in the unincorporated area of the County of
Los Angeles in order to replace a display which was required to be
removed because the property on which it was located was acquired by
the State of California to facilitate construction of the busway on
Route 10 in the County of Los Angeles.
(b) Upon proper application, the display could have qualified for
a permit at the time it was erected, except for Sections 5351 and
5408 and Article 5 (commencing with Section 5320) as in effect at the
time.
(c) The display conforms to Section 5408 as in effect on January
1, 1984.
(d) The display was in existence on January 1, 1984.

5408.3. Notwithstanding Section 5408, a city or a county with land
use jurisdiction over the property may adopt an ordinance that
establishes standards for the spacing and sizes of advertising
displays that are more restrictive than those imposed by the state.

5408.5. In addition to the advertising displays permitted by
Sections 5405 and 5408, advertising displays located on bus passenger
shelters or benches and conforming to the following standards may be
placed on or adjacent to a highway:
(a) The advertising display may not be within 660 feet of and
visible from any federal-aid interstate or primary rural highway, and
any advertising display within 660 feet of and visible from any
urban highway shall be consistent with federal law and regulations.
(b) The advertising display shall meet traffic safety standards of
the public entity having operational authority over the highway.
These standards may include provisions requiring a finding and
certification by an appropriate official that the proposed
advertising display does not constitute a hazard to traffic.
(c) Bus passenger shelters or benches with advertising displays
may only be placed at approved passenger loading areas.
(d) Bus passenger shelters or benches with advertising displays
may only be placed in accordance with a permit or agreement with the
public entity having operational authority over the highway adjacent
to where, or upon which, the advertising display is to be placed.
(e) Any advertising display on bus passenger shelters or benches
may not extend beyond the exterior limits of the shelter or bench.
(f) There may not be more than two advertising displays on any bus
passenger shelter.
(g) Advertising displays placed on bus passenger shelters or
benches pursuant to a permit or agreement with a local public entity
shall not be subject to the state permit requirements specified in
Article 6 (commencing with Section 5350).

5408.7. (a) It is the intent of the Legislature that this section
shall not serve as a precedent for other changes to the law regarding
outdoor advertising displays on, or adjacent to, highways. The
Legislature recognizes that the streets in the City and County of San
Francisco that are designated as state or federal highways are
unique in that they are also streets with street lights, sidewalks,
and many of the other features of busy urban streets. At the same
time, these streets double as a way, and often the only way, for
people to move through the city and county from one boundary to
another. The Legislature recognizes the particular topography of the
City and County of San Francisco, the popularity of the area as a
tourist destination, the high level of foot traffic, and the unique
design of its highways.
(b) For purposes of this section, "street furniture" is any kiosk,
trash receptacle, bench, public toilet, news rack, or public
telephone placed on, or adjacent to, a street designated as a state
or federal highway.
(c) In addition to the advertising displays permitted by Sections
5405, 5408, and 5408.5, advertising displays located on street
furniture may be placed on, or adjacent to, any street designated as
a state or federal highway within the jurisdiction of a city and
county, subject to all of the following conditions:
(1) The advertising display meets the traffic safety standards of
the city and county. These standards may include provisions requiring
a finding and certification by an appropriate official of the city
and county that the proposed advertising display does not constitute
a hazard to traffic.
(2) Any advertising display that is within 660 feet of, and
visible from, any street designated as a state or federal highway
shall be consistent with federal law and regulations.
(3) Advertising displays on street furniture shall be placed in
accordance with a permit or agreement with the city and county.
(4) Advertising displays on street furniture shall not extend
beyond the exterior limits of the street furniture.
(d) Advertising displays placed on street furniture pursuant to a
permit or agreement with the city and county shall not be subject to
the state permit requirements of Article 6 (commencing with Section
5350). This subdivision does not affect the authority of the state to
enforce compliance with federal law and regulations, as required by
paragraph (2) of subdivision (c).
(e) (1) The city and county shall, upon written notice of any suit
or claim of liability against the state for any injury arising out
of the placement of an advertising display approved by the city and
county pursuant to subdivision (c), defend the state against the
claim and provide indemnity to the state against any liability on the
suit or claim.
(2) For the purposes of this subdivision, "indemnity" has the same
meaning as defined in Section 2772 of the Civil Code.
(f) (1) This section shall become inoperative not later than 60
days from the date the director receives notice from the United
States Secretary of Transportation that future operation of this
section will result in a reduction of the state's share of federal
highway funds pursuant to Section 131 of Title 23 of the United
States Code.
(2) Upon receipt of the notice described in paragraph (1), the
director shall notify in writing the Secretary of State and the City
and County of San Francisco of that receipt.
(3) This section shall be repealed on January 1 immediately
following the date the Secretary of State receives the notice
required under paragraph (2).

5410. Any advertising display located within 660 feet of the edge
of the right-of-way of, and the copy of which is visible from, any
penalty segment, or any bonus segment described in Section 5406 which
display was lawfully maintained in existence on the effective date
of this section but which was not on that date in conformity with the
provisions of this article, may be maintained, and shall not be
required to be removed until July 1, 1970. Any other sign which is
lawful when erected, but which does not on January 1, 1968, or any
time thereafter, conform to the provisions of this article, may be
maintained, and shall not be required to be removed, until the end of
the fifth year after it becomes nonconforming; provided that this
section shall not apply to advertising displays adjacent to a
landscaped freeway.

5412. Notwithstanding any other provision of this chapter, no
advertising display which was lawfully erected anywhere within this
state shall be compelled to be removed, nor shall its customary
maintenance or use be limited, whether or not the removal or
limitation is pursuant to or because of this chapter or any other
law, ordinance, or regulation of any governmental entity, without
payment of compensation, as defined in the Eminent Domain Law (Title
7 (commencing with Section 1230.010) of Part 3 of the Code of Civil
Procedure), except as provided in Sections 5412.1, 5412.2, and
5412.3. The compensation shall be paid to the owner or owners of the
advertising display and the owner or owners of the land upon which
the display is located.
This section applies to all displays which were lawfully erected
in compliance with state laws and local ordinances in effect when the
displays were erected if the displays were in existence on November
6, 1978, or lawfully erected after November 6, 1978, regardless of
whether the displays have become nonconforming or have been provided
an amortization period. This section does not apply to on-premise
displays as specified in Section 5272 or to displays which are
relocated by mutual agreement between the display owner and the local
entity.
"Relocation," as used in this section, includes removal of a
display and construction of a new display to substitute for the
display removed.
It is a policy of this state to encourage local entities and
display owners to enter into relocation agreements which allow local
entities to continue development in a planned manner without
expenditure of public funds while allowing the continued maintenance
of private investment and a medium of public communication. Cities,
counties, cities and counties, and all other local entities are
specifically empowered to enter into relocation agreements on
whatever terms are agreeable to the display owner and the city,
county, city and county, or other local entity, and to adopt
ordinances or resolutions providing for relocation of displays.

5412.1. A city, county, or city and county, whose ordinances or
regulations are otherwise in full compliance with Section 5412, is
not in violation of that section if the entity elects to require the
removal without compensation of any display which meets all the
following requirements:
(a) The display is located within an area shown as residential on
a local general plan as of either the date an ordinance or regulation
is enacted or becomes applicable to the area which incorporates the
provisions of this section.
(b) The display is located within an area zoned for residential
use either on the date on which the removal requirement is adopted or
becomes applicable to the area.
(c) The display is not located within 660 feet from the edge of
the right-of-way of an interstate or primary highway with its copy
visible from the highway, nor is placed or maintained beyond 660 feet
from the edge of the right-of-way of an interstate or primary
highway with the purpose of its message being read from the main
traveled way.
(d) The display is not required to be removed because of an
overlay zone, combining zone, or any other special zoning district
whose primary purpose is the removal or control of signs.
(e) The display is allowed to remain in existence for the period
of time set forth below after the enactment or amendment after
January 1, 1983, of any ordinance or regulation necessary to bring
the entity requiring removal into compliance with Section 5412, and
after giving notice of the removal requirement:

Fair Market Value on Date of
Notice Minimum Years
of Removal Requirement Allowed
Under $1,999................... 2
$2,000 to $3,999............... 3
$4,000 to $5,999............... 4
$6,000 to $7,999............... 5
$8,000 to $9,999............... 6
$10,000 and over............... 7

The amounts provided in this section shall be adjusted each
January 1 after January 1, 1983, in accordance with the changes in
building costs, as indicated in the United States Department of
Commerce Composite Cost Index for Construction Costs.

5412.2. A city or city and county, whose ordinances or regulations
are otherwise in full compliance with Section 5412, is not in
violation of that section if the entity elects to require the removal
without compensation of any display which meets all the following
requirements:
(a) The display is located within an incorporated area shown as
agricultural on a local general plan as of either the date an
ordinance or regulation is enacted or becomes applicable to the area
which incorporates the provisions of this section.
(b) The display is located within an area zoned for agricultural
use either on the date on which the removal requirement is adopted or
becomes applicable to the area.
(c) The display is not located within 660 feet from the edge of
the right-of-way of an interstate or primary highway with its copy
visible from the highway, nor is placed or maintained beyond 660 feet
from the edge of the right-of-way of an interstate or primary
highway with the purpose of its message being read from the main
traveled way.
(d) The display is not required to be removed because of an
overlay zone, combining zone, or any other special zoning district
whose primary purpose is the removal or control of signs.
(e) The display is allowed to remain in existence for the period
of time set forth below after the enactment or amendment after
January 1, 1983, of any ordinance or regulation necessary to bring
the entity requiring removal into compliance with Section 5412, and
after giving notice of the removal requirement:

Fair Market Value on Date of
Notice Minimum Years
of Removal Requirement Allowed
Under $1,999................... 2
$2,000 to $3,999............... 3
$4,000 to $5,999............... 4
$6,000 to $7,999............... 5
$8,000 to $9,999............... 6
$10,000 and over............... 7

The amounts provided in this section shall be adjusted each
January 1 after January 1, 1983, in accordance with the changes in
building costs as indicated in the United States Department of
Commerce Composite Cost Index for Construction Costs.

5412.3. A county whose ordinances or regulations are otherwise in
full compliance with Section 5412, is not in violation of that
section if the county elects to require the removal without
compensation of any display which meets all the following
requirements:
(a) The display is located within an unincorporated area shown as
agricultural on a local general plan as of either the date an
ordinance or regulation is enacted or becomes applicable to the area
which incorporates the provisions of this section.
(b) The display is located within an area zoned for agricultural
use either on the date on which the removal requirement is adopted or
becomes applicable to the area.
(c) The display is not located within 660 feet from the edge of
the right-of-way of an interstate or primary highway with its copy
visible from the highway, nor is placed or maintained beyond 660 feet
from the edge of the right-of-way of an interstate or primary
highway with the purpose of its message being read from the main
traveled way.
(d) The display is not required to be removed because of an
overlay zone, combining zone, or any other special zoning district
whose primary purpose is the removal or control of signs.
(e) The display is allowed to remain in existence for the period
of time set forth below after the adoption or amendment after January
1, 1983, of any ordinance or regulation necessary to bring the
entity requiring removal into compliance with Section 5412, and after
giving notice of the removal requirement:

Fair Market Value on Date of
Notice Minimum Years
of Removal Requirement Allowed
Under $1,999................... 3.0
$2,000 to $3,999............... 4.5
$4,000 to $5,999............... 6.0
$6,000 to $7,999............... 7.5
$8,000 to $9,999............... 9.0
$10,000 and over............... 10.5

The amounts provided in this section shall be adjusted each
January 1 after January 1, 1983, in accordance with the changes in
building costs, as indicated in the United States Department of
Commerce Composite Cost Index for Construction Costs.

5412.4. Section 5412 shall not be applied in any judicial
proceeding which was filed and served by any city, county, or city
and county prior to January 1, 1982, except that Section 5412 shall
be applied in litigation to prohibit the removal without compensation
of any advertising display located within 660 feet from the edge of
the right-of-way of an interstate or primary highway with its copy
visible from the highway, or any advertising display placed or
maintained beyond 660 feet from the edge of the right-of-way of an
interstate or primary highway that is placed with the purpose of its
message being read from the main traveled way of the highway.

5412.6. The requirement by a governmental entity that a lawfully
erected display be removed as a condition or prerequisite for the
issuance or continued effectiveness of a permit, license, or other
approval for any use, structure, development, or activity other than
a display constitutes a compelled removal requiring compensation
under Section 5412, unless the permit, license, or approval is
requested for the construction of a building or structure which
cannot be built without physically removing the display.

5413. Prior to commencing judicial proceedings to compel the
removal of an advertising display, the director may elect to
negotiate with the person entitled to compensation in order to arrive
at an agreement as to the amount of compensation to be paid. If the
negotiations are unsuccessful, or if the director elects not to
engage in negotiations, a civil proceeding may be instituted as set
forth in Section 5414.
To facilitate the negotiations, the Department of Transportation
shall prepare a valuation schedule for each of the various types of
advertising displays based on all applicable data. The schedule shall
be updated at least once every two years. The schedule shall be made
available to any public entity requesting a copy.

5414. Proceedings to compel the removal of displays and to
determine the compensation required by this chapter shall be
conducted pursuant to Title 7 (commencing with Section 1230.010) of
Part 3 of the Code of Civil Procedure.

5415. The director shall prescribe and enforce regulations for the
erection and maintenance of advertising displays permitted by
Sections 5226, 5405, and 5408 consistent with Section 131 of Title 23
of the United States Code and the national standards promulgated
thereunder by the Secretary of Transportation; provided, that the
director shall not prescribe regulations imposing stricter
requirements for the size, spacing or lighting of advertising
displays than are prescribed by Section 5408 and provided that the
director shall not prescribe regulations to conform to changes in
federal law or regulations made after November 8, 1967, without prior
legislative approval.
Notwithstanding any other provisions of this chapter, no outdoor
advertising shall be placed or maintained adjacent to any interstate
highway or primary highway in violation of the national standards
promulgated pursuant to subsections (c) and (f) of Section 131 of
Title 23 of the United States Code, as such standards existed on
November 8, 1967.

5416. The director shall seek, and may enter into, agreements with
the Secretary of Transportation of the United States and shall take
such steps as may be necessary from time to time to obtain, and may
accept, any allotment of funds as provided by subdivision (j) of
Section 131 of Title 23 of the United States Code, as amended from
time to time, and such steps as may be necessary from time to time to
obtain funds allotted pursuant to Section 131 for the purpose of
paying the 75 percent federal share of the compensation required by
subdivision (g) of Section 131 of Title 23 of the United States Code.

5417. From state funds appropriated by the Legislature for such
purposes and from federal funds made available for such purposes, the
California Transportation Commission may allocate funds to the
director for payment of compensation authorized by this chapter.

5418. The California Transportation Commission is authorized to
allocate sufficient funds from the State Highway Account in the State
Transportation Fund that are available for capital outlay purposes
to match federal funds made available for the removal of outdoor
advertising displays.

5418.1. When allocating funds pursuant to Section 5418, the
commission shall consider, and may designate for expenditure, all or
any part of such funds in accordance with the following order of
priorities for removal of those outdoor advertising displays for
which compensation is provided pursuant to Section 5412:
(a) Hardship situations involving outdoor advertising displays
located adjacent to highways which are included within the state
scenic highway system, including those nonconforming outdoor
advertising displays which are offered for immediate removal by the
owners thereof.
(b) Hardship situations involving outdoor advertising displays
located adjacent to other highways, including those nonconforming
outdoor advertising displays which are offered for removal by the
owners thereof.
(c) Nonconforming outdoor advertising displays located adjacent to
highways which are included within the state scenic highway system.
(d) Nonconforming outdoor advertising displays which are generally
used for product advertising, and which are located in
unincorporated areas.
(e) Nonconforming outdoor advertising displays which are generally
used for product advertising located within incorporated areas.
(f) Nonconforming outdoor advertising displays which are generally
used for non-motorist-oriented directional advertising.
(g) Nonconforming outdoor advertising displays which are generally
used for motorist-related directional advertising.

5419. (a) The director shall seek agreement with the Secretary of
Transportation of the United States, or his successor, under
provisions of Section 131 of Title 23 of the United States Code, to
provide for effective control of outdoor advertising substantially as
set forth herein, provided that such agreement can vary and change
the definition of "unzoned commercial or industrial area" as set
forth in Section 5222 and the definition of "business area" as set
forth in Section 5223, or other sections related thereto, and
provided further that if such agreement does vary from such sections
it shall not be effective until the Legislature by statute amends the
sections to conform with the terms of the agreement. If agreement is
reached on these terms, the director shall execute the agreement on
behalf of the state.
(b) In the event an agreement cannot be achieved under subdivision
(a), the director shall promptly institute proceedings of the kind
provided for in subdivision (l) of Section 131 of Title 23 of the
United States Code, in order to obtain a judicial determination as to
whether this chapter and the regulations promulgated thereunder
provide effective control of outdoor advertising as set forth
therein. In such action the director shall request that the court
declare rights, status, and other legal relations and declare whether
the standards, criteria, and definitions contained in the agreement
proposed by the director are consistent with customary use. If such
agreement is held by the court in a final judgment to be invalid in
whole or in part as inconsistent with customary use or as otherwise
in conflict with Section 131 of Title 23 of the United States Code,
the director shall promptly negotiate with the Secretary of
Transportation, or his successor, a new agreement or agreements which
shall conform to this chapter, as interpreted by the court in such
action.