VIACOM OUTDOOR, INC. v. City of Arcata

[234]

Opinion

BUSCH, J.

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The trial court determined that state law preempted the efforts by the City of Areata (City) to enforce its ordinances requiring permits before Viacom Outdoor, Inc. (Viacom), could rebuild a number of wind-destroyed billboards. Because it had no authority to insist on compliance with its ordinances, the City was also found to have violated Viacom’s federal civil rights. Damages and attorney fees were awarded to Viacom under federal civil rights statutes.

The primary issue presented on this appeal by the City is whether California’s Outdoor Advertising Act (Bus. & Prof. Code, § 5200 et seq.; the State Act)

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preempts municipal ordinances that require a permit for rebuilding outdoor stand-alone billboards destroyed by natural forces. We conclude this well-established local power is not displaced by the State Act. We further conclude that because the municipal ordinances are valid and enforceable, their threatened enforcement has not yet been shown to have caused actionable damage. In light of these conclusions, we reverse.

BACKGROUND

The salient facts are easily recounted. Viacom owned four billboards located within the City and adjacent to State Highway 101. For each of the billboards Viacom had a current outdoor advertising permit issued by the California Department of Transportation (CalTrans). The billboards were made of wood. Three were put up in 1954, the fourth in 1962. The billboards were destroyed by windstorms in November and December of 2001. Viacom began rebuilding the billboards. A city official posted “stop work” orders on the billboards, thus directing Viacom to cease rebuilding until it applied for permits as required by the City’s Building Code and its Sign Code.

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Although Viacom stopped rebuilding, in subsequent correspondence with the City it insisted it was not obliged to obtain permits prior to rebuilding its billboards.