Relating to the regulation of advertising devices near certain highways

Under current law, Code chapter 306B provides rules, regulations, and requirements relating to advertising devices along interstate highways. Code chapter 306C provides rules, regulations, and requirements relating to advertising devices along certain primary highways, including the dimensions, lighting, and distances from one another, from cities and unincorporated areas, and from the traveled portion of the roadway. For purposes of both Code chapters, this bill redefines “advertising device” to mean any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other device designed, intended, or used to advertise or inform, for which remuneration is paid or earned in exchange for its erection, display, or existence by any person, and which is visible from the traveled portion of the applicable highway. The bill also defines “remuneration”. In Code chapter 306B, the bill strikes the definition of “national policy” which under the bill would no longer appear in the Code chapter. The bill strikes existing exceptions to the prohibition against advertising devices erected or maintained within 660 feet of the edge of the right-of-way of the interstate system including for directional or other official signs or notices, advertising devices which indicate the sale or lease of the property upon which such devices are located or which advertise activities being conducted on the property where the devices are located, and advertising devices which are designed to give information in the specific interest of the traveling public. Under current law, advertising devices concerning the sale or lease of property upon which they are located, advertising devices concerning activities conducted on the property on which they are located, official and directional signs and notices, and signs with the publication title of a newspaper on a delivery receptacle attached to a mailbox or mailbox support are all authorized to be erected or maintained near any primary highway. The bill strikes these authorizations. The bill strikes the requirement that the department of transportation (DOT) promulgate rules relating to the criteria for on-premise signs. §131(c) shall not be taken into consideration in determining compliance with spacing requirements. Under current law, advertising devices giving public service information such as but not limited to time, date, temperature, weather, news, and similar information are exempt from the prohibition against flashing, intermittent, or moving lights. The bill strikes this exemption.3 which requires the DOT to promulgate and enforce rules consistent with the safety of the traveling public and in compliance with national policy governing the erection, maintenance, and frequency of advertising devices within 660 feet of the edge of the right-of-way of the interstate system, as authorized under Code chapter 306B, and which are outside of commercial and industrial zones. Under current law, a special event sign is a temporary advertising device, not larger than square feet in area, erected for the purpose of notifying the public of noncommercial community events including but not limited to fairs, centennials, festivals, and celebrations open to the general public and sponsored or approved by a city, county, or school district.23 allows a special event sign to be placed on private property with permission of the owner at any time during the period beginning days prior to the date of the special event and ending on the day of the special event.23 requires special event signs to be removed not later than hours following the end of the special event, and prohibits special event signs where they may constitute a traffic hazard or a detriment to traffic safety.23 and strikes the corresponding definition of special event sign. The bill makes corresponding changes to Code chapters 306B and 306C.