Section 2513 - Displays Viewed Primarily from Landscaped FreewaysIf a section of freeway is classified as a landscaped freeway, the Department determines if there is a Display Adjacent To that section of freeway which is designed to be viewed primarily by a person traveling on the landscaped section of a freeway.
(a) A Display is designed to be viewed primarily from a landscaped freeway section when the Display is within the limits of a landscaped freeway and its copy is legible to motorists from within the landscaped segment.(b) All determinations are made in the present. The fact the Display may have been designed primarily to be viewed from another roadway at some point in the past is not determinative.(c) Notwithstanding subsection (a) above, if a Display's copy is legible from both a landscaped freeway and another freeway or highway, a rebuttable presumption is established that the Display is designed primarily to be viewed from the freeway or highway with the highest daily traffic count. This presumption may be rebutted by use of the following criteria: (1) Traffic Count. Comparing the difference between the average daily traffic count for the landscaped freeway and the other freeway or highway.(2) Angle. The angle of placement of the Display.(3) Visual Approach Distance. The distance the Display is legible measured along each freeway or highway it is visible from.(4) Height. Whether the Display's height makes the Display legible to more motorists on one freeway or highway or legible to motorists for a longer period of time on one freeway or highway.(5) Relative Size. The prominence the Display has from each freeway or highway.(6) Copy. Does the advertising message, or have past advertising messages, give specific directions for persons on only one freeway or highway.(7) Owner's Representations. Has the Display been represented by the owner to be viewed primarily by persons traveling on one freeway or highway.Cal. Code Regs. Tit. 4, § 2513
1. Renumbering of former section 2513 to section 2509 and renumbering of former section 2517 to section 2513, including amendment of section and new NOTE, filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. Amendment of subsection (c) filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48). Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5216 and 5440, Business and Professions Code.
1. Renumbering of former section 2513 to section 2509 and renumbering of former section 2517 to section 2513, including amendment of section and new Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
2. Amendment of subsection (c) filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).