Desert Outdoor Advertising, Inc. v. City of Moreno Valley

Opinion by Judge PREGERSON; Concurrence by Judge REINHARDT.

Appellants Desert Outdoor Advertising, Inc. (“Desert”) and Outdoor Media Group, Inc. (“OMG”) are billboard operators who conduct business in the City of Moreno Valley. In a suit against the City and several of its public officials, appellants challenged the constitutionality of Moreno Valley Ordinance No. 133, which regulates structures and signs. The district court granted summary judgment in favor of the City and granted judgment on the pleadings in favor of the public officials. The court denied appellants’ summary judgment motion. We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

BACKGROUND

The City of Moreno Valley was incorporated on December 3, 1984, in a formerly unincorporated area of Riverside County. In June 1987, the City adopted Moreno Valley Ordinance No. 133 based on a similar preexisting Riverside County Ordinance.

Moreno Valley Ordinance No. 133 regulates both “off-site” and “on-site” structures and signs. Off-site structures and signs may include commercial or noncommercial messages. On-site structures and signs may only contain commercial messages. Off-site structures and signs are defined…

concurring:

I agree with the majority’s excellent opinion and all of its analysis, with one minor exception. It is far from clear that the ordinance exempts on-site structures and signs from the permit requirement or that it permits such structures and signs in all areas of the City, including residential zones. Section 19.2(e) of the ordinance defines on-site signs as a category of “outdoor advertising displays.” Section 19:3 then imposes a permit requirement on all outdoor advertising displays and makes no exception for on-site signs. Section 19.3(a) further states that outdoor advertising displays “shall be permitted only within the M-M (Medium Manufacturing), M-H (Heavy Manufacturing), and the M-S-C (Service Commercial) Zones and will not be permitted in any other zone.” § 19.3(a)(1).

It must be noted that the majority’s, interpretation is a valiant and plausible attempt to make sense of what is a very poorly drafted law. The ordinance is internally contradictory in its use of the terms “displays” and “structures” and appears to use those terms indiscriminately and inconsistently, even within a single provision. See, e.g., § 19.3(e)(1) (governing permit applications).…