Cal. Code Regs. tit. 4 § 2242

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 2242 - Definitions

The following terms when used in this Title 4, Division 6, have the following meanings:

(a) "Accepted" means the official act of acceptance by the Department of a contractor's completion of a highway project acknowledging the contractor has performed all obligations of a highway contract.

(b) "Act" means the California Outdoor Advertising Act, Sections 5200 et seq., Business and Professions Code.

(c) "Adjacent To" means located within, either in whole or part, an area formed by measuring 660 feet laterally from the edge of the right-of-way of a landscaped freeway sections along a line perpendicular to the center line of the freeway.

(d) "Changeable" means any message change occurring more than once every twenty-four hours.

(e) "Chief Landscape Architect" means the employee of the Department of Transportation charged with statewide responsibility for supervising Highway Planting Projects.

(f) "Completed" means a contractor has performed all obligations under a highway project contract.

(g) "Continuous Planting" means State right of way contiguous to the traveled way which is planted with Ornamental Vegetation in accordance with standard landscaping practices. A physical break in the Planting of less than 200 feet for items such as a highway overcrossing or undercrossing, a stream, a canal, a stairway, a culvert, or a water system is not a gap and may not end a Continuous Planting.

(h) "Certificate of Sufficiency, formerly known as "Design Certification," means the design engineer for a given project certifies to Right of Way and Asset Management that the right of way indicated on the project maps is the area necessary for a given project.

(i) "Deputy Director Project Development" means the Deputy Director of Project Development of the Department of the Department of Transportation.

(j) "Display means an advertising Display as defined in Section 5202.

(k) "Extension" means an Incidental increase in size of the advertising area which does not exceed the height, length, or total area allowed for in Section 5408(a) of the act.

(l) "Facing" means the portion of the Display that contains advertising copy.

(m) "Highway Planting Project" means an area of State highway right-of-way planted in conformance with plans developed or approved by the Department.

(n) "Imprint" means a marker (a stake or a flag) visible and legible from the highway that identifies the applicant by name or logo placed at the location of proposed display.

(o) "Incidental" means up to 33 percent of the total advertising area of the Display as authorized according to the Department's records and relates to the specific advertising copy. Measurement is made based on the height and the length but not the depth.

(p) "Landscape Architect" means a person employed by the Department who holds a certificate to practice Landscape Architecture in California under the authority of Division 3, Chapter 3.5, of the Business and Professions Code (5615 et seq.).

(q) "Light Box" or "sign cabinet" means a portable unit that is Incidental to the Display and its message does not flash, is not in motion, and does not change more than once every two minutes.

(r) "Ornamental Vegetation" means lawns, trees, shrubs, flowers, or other Plantings designed primarily to improve the aesthetic appearance of the highway. Inert material specifically placed to highlight the Ornamental Vegetation is considered part of the Ornamental Vegetation.

(s) "Office of Outdoor Advertising" means that unit of the Department which is delegated by the Director the responsibility of enforcing the Act and these regulations.

(t) "Penalty Fee" means a fee charged for late renewal of a license or a permit.

(u) "Permittee" means the applicant or a subsequent designee on record with the Department as owner of the outdoor advertising permit to place and maintain a specific Display.

(v) "Planting" means the placing or putting into the ground of any vegetation or seeds of vegetation; to set or sow with seeds or plants.

(w) "State Law" means only statutes enacted by the State Legislature, initiative process, or state constitutional provisions.

Cal. Code Regs. Tit. 4, § 2242

1. New section filed 6-25-76; effective thirtieth day thereafter (Register 76, No. 26).
2. Amendment of NOTE filed 7-22-77 as procedural and organizational; effective upon filing (Register 77, No. 30).
3. Renumbering of former section 2242 to section 2243 and new section 2242 filed 9-20-99; operative 10-20-99 (Register 99, No. 39).
4. Amendment of subsection (h) 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 5200, 5202, 5216, 5250, 5440 and 5485, Business and Professions Code.