Even though the council several years ago banned mobile advertising on Burbank streets, we’re still seeing it on those various “utility vans” in town which try to masquerade as authentic craft and work vehicles.
The reason for this is that Albano and the BPD have imposed an unreasonably limited definition of these prohibited uses. Burbank allows these phony vans with ads because they incorrectly think that our law only applies to those ridiculous trailers and pulled signs that we used to see all over the place.
But it doesn’t. The specific definition of allowable prohibitions includes those which “…carries, pulls, or transports a sign or billboard…”
Note the word “transports.” It’s not just trailers.
The original BMC actually confuses another CVC that regulates parking restrictions on permanent signs with the 2012 state law that permits communities to ban mobile advertising:
C. Permanent Advertising Signs Excepted.
Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
Whoever wrote this into Burbank law did so deliberately to allow the very kind of mobile advertising that the state said they could now control after 2012. Burbank was being too cautious, which is why other cities don’t have this same problem.
At worst there’s a conflict between the two CVCs, and which should be resolved in favor of the current Burbank code and the newer 2012 VC. The BPD could also check to see if these sleazy van signs are actually “permanently affixed,” which under state law means only painted on or decals. If they’re not (and you know that most of them around here aren’t — they’re cheaply mounted instead), then they clearly violate our local Burbank law against mobile advertising.