SECTIONS 5460-5466 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5460-5466

5460. It is unlawful for any person to place or cause to be placed,
or to maintain or cause to be maintained any advertising display
without the lawful permission of the owner or lessee of the property
upon which the advertising display is located.

5461. All advertising displays which are placed or which exist in
violation of the provisions of this chapter are public nuisances and
may be removed by any public employee as further provided in this
chapter.

5463. The director may revoke any license or permit for the failure
to comply with this chapter and may remove and destroy any
advertising display placed or maintained in violation of this chapter
after 30 days' written notice is forwarded by mail to the
permitholder at his or her last known address. If no permit has been
issued, a copy of the notice shall be forwarded by mail to the
display owner, property owner, or advertiser at his or her last known
address.
Notwithstanding any other provision of this chapter, the director
or any authorized employee may summarily and without notice remove
and destroy any advertising display placed in violation of this
chapter which is temporary in nature because of the materials of
which it is constructed or because of the nature of the copy thereon.
For the purpose of removing or destroying any advertising display
placed in violation of this chapter, the director or the director's
authorized agent may enter upon private property.

5464. Every person as principal, agent or employee, violating any
of the provisions of this chapter is guilty of a misdemeanor.

5465. The remedies provided in this chapter for the removal of
illegal advertising displays are cumulative and not exclusive of any
other remedies provided by law.

5466. (a) Notwithstanding any other provision of law, as to an
advertising display in place as of August 12, 2004, a cause of action
for the erection or maintenance of an advertising display that
violates this chapter or the laws of a local governmental entity
shall not be brought by a private party against an advertising
display that has been in continuous existence in its current location
for a period of five years. However, if the advertising display has
been illegally modified, the cause of action for the illegal
modification may be brought by a private party if it is filed within
five years of the date the modification was made.
(b) This section shall not apply to a cause of action brought by a
governmental entity that is based on the erection or maintenance of
an advertising display that violates this chapter or the laws of the
governmental entity.