§ 4-9.603. Removal of mobile billboard advertising displays authorized.  


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  • Pursuant to Section 22651, Subdivision (v), of the California Vehicle Code, any peace officer, or any regularly employed and salaried employee of the City, who is engaged in directing traffic or enforcing parking laws and regulations may remove a mobile billboard advertising display, and/or anything that the mobile billboard advertising display is attached to including a motor vehicle, found upon any public street, alley or any public lands in the City when either [subsection] (a) or (b) below is true:

    (a)

    The following three (3) elements must be satisfied:

    (1)

    The mobile billboard advertising display is parked or left standing in violation of this Code; and

    (2)

    The registered owner of the mobile billboard advertising display was previously issued a warning citation for the same offense; and

    (3)

    The warning citation was issued to a first-time offender at least twenty-four (24) hours prior to the removal of the mobile billboard advertising display and the warning citation advised the registered owner of the mobile billboard advertising display that he or she may be subject to penalties upon a subsequent violation that may include the removal of the mobile billboard advertising display. Notice of the warning citation may be provided by personal service, by attaching the citation to the mobile billboard advertising display in a conspicuous place so as to be easily observed, or by any other manner permitted by law.

    Pursuant to Section 22651(v)(2) of the California Vehicle Code, the City is not required to provide further notice for any subsequent violation prior to enforcement.

    (b)

    The mobile billboard advertising display is parked or left standing in violation of this Code, and neither the mobile billboard display nor anything the mobile billboard display may be attached to are vehicles required to be registered pursuant to California Vehicle Code Section 4000 or any other section of the California Vehicle Code. In such case, no notice is required and the mobile billboard display and anything the mobile billboard display is attached to may be immediately removed. Further, no post-storage impound hearing, including the hearing as set forth in Section 4-9.604, shall apply to such mobile billboard display and anything the mobile billboard display may be attached to. Such items shall be processed by the Police Department pursuant to Title 2, Chapter 13 of this Code (Section 2-13.01 et seq.).

(§ 1 (Exh. A), Ord. No. 1257, eff. June 2, 2016 as amended by § 2, Ord. No. 1283, eff. February 8, 2018)