71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2145
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for Department of Transportation)
CHAPTER ................
AN ACT
Relating to signs; creating new provisions; and amending ORS
366.905, 377.775 and 377.992.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 366.905 is amended to read:
366.905. { - (1) - } All that portion of the east and west
state highway across the state, commencing at the Idaho state
line at Ontario and Nyssa, through Huntington, Baker City, La
Grande, Pendleton, Umatilla, The Dalles, Hood River, Portland,
Astoria and ending at Seaside on the Pacific Ocean, is designated
as the Old Oregon Trail. That portion of the highway from The
Dalles to Astoria shall retain its identity as the Columbia River
Highway section of the Old Oregon Trail. The road from Hood
River, up the Hood River Valley around Mt. Hood, through Oregon
City and on to Portland, shall be known as the Mt. Hood Loop
section of the Old Oregon Trail.
{ - (2) The Department of Transportation shall change the
signs along the east and west state highway across the state to
comply with this section and assist the Old Oregon Trail
Association in erecting across the state, east and west, the
official sign of the association bearing the design of the ox
team and prairie schooner. - }
SECTION 2. ORS 377.775 is amended to read:
377.775. (1) Any sign that fails to comply with ORS 377.700 to
377.840 hereby is declared to be a public and private nuisance.
In addition to the penalties provided by ORS 377.992 for
violation thereof, such a sign may be removed by the Director of
Transportation or the duly authorized representative of the
director as provided by this section. The director may enter upon
private property and remove the sign without incurring any
liability therefor.
(2) If a noncomplying sign does not bear the name and address
of its owner or if the owner is not readily identified and
located, the director may remove it immediately.
(3)(a) If a noncomplying sign bears the name and address of its
owner or if the owner of the sign is readily identified and
located, the director shall notify the owner that the sign is in
violation of ORS 377.700 to 377.840 and that the owner has 30
days from the date of the notice within which to make the sign
comply, to remove the sign or to request a hearing before the
director within the time specified in the notice.
Enrolled House Bill 2145 (HB 2145-A) Page 1
(b) If the sign is not made to comply or is not removed and if
the owner does not request a hearing within the time required, or
if the owner after a hearing fails to comply with the final order
in the proceedings, the director or the duly authorized
representatives of the director may remove and destroy or
otherwise dispose of the sign.
{ + (4)(a) If the person who receives notice under subsection
(3) of this section intends to raise issues regarding ownership
interests in the sign or its appurtenances in a hearing requested
under subsection (3) of this section, the request for hearing
must include notice that the person intends to raise those issues
and must contain the names and addresses of all persons who have
ownership interests in the sign or its appurtenances.
(b) If the person requesting the hearing under subsection (3)
of this section fails to include notice of intent to raise issues
regarding ownership interests, the person may not raise the
issues in the hearing. In addition, the person who requested the
hearing may not raise issues regarding ownership interests of any
person whose name and address the person who requested the
hearing has failed to provide as required by paragraph (a) of
this subsection.
(c) For purposes of this subsection, an ownership interest
includes, but is not limited to:
(A) An interest in the land on which the sign is located, in
the sign structure and in the sign face; and
(B) A right to operate the sign, whether the right is created
by lease, operating agreement or otherwise. + }
{ - (4) - } { + (5) + } The director shall, after removing
a sign in accordance with subsection (2) of this section, place
it in storage for 30 days while the director makes a further
effort to find its owner. If the owner cannot be found within
that time, the director may, without incurring any liability
therefor, destroy or otherwise dispose of the sign. If the owner
is found within that time, the owner may be required to remove
the sign from storage; and if the owner is found at any time, the
director may recover from the owner the cost of storage. The cost
of storage is in addition to the cost of removal payable under
subsection { - (5) - } { + (6) + } of this section.
{ - (5) - } { + (6) + } The owner is liable for, and the
director shall collect, the costs of removing a sign. Costs shall
be determined by the director on the basis of actual costs of
removal or on a square-foot flat fee basis.
{ - (6) - } { + (7) + } If a sign does not bear the name
and address of its owner, the advertisement thereon of the goods,
products, facilities, services or business of a person or
commercial enterprise is prima facie evidence of ownership of the
sign by that person or commercial enterprise.
SECTION 3. ORS 377.992 is amended to read:
377.992. (1) { + (a) + } A person who violates any provision of
ORS { + 377.510 or + } 377.700 to 377.840 { - and this
section - } or any regulation of the Travel Information Council
adopted pursuant thereto { - shall upon conviction be fined not
more than $100 or imprisoned for not more than 30 days, or
both. - } { + is subject to a civil penalty of up to $100 per
day for each day of violation. Except as otherwise provided in
paragraph (b) of this subsection, the maximum penalty under this
subsection for a violation is $3,000 per sign.
(b) A person who violates ORS 377.725 is subject to a civil
penalty of up to $100 per day for each day of violation, up to a
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maximum amount established by the Department of Transportation by
rule.
(c) Civil penalties under this subsection shall be imposed in
the manner provided by ORS 183.090. + }
(2) Violation of the conditions and provisions of a permit
procured under ORS 377.050 by any person having procured the
permit is punishable, upon conviction, by a fine of not more than
$100, or imprisonment in the county jail for not more than 30
days or both.
(3) Violation of ORS 377.030 to 377.050, 377.510, 377.620 (2)
or 377.635 is punishable, upon conviction, by a fine of not more
than $100, or imprisonment in the county jail for not more than
30 days, or both.
SECTION 4. { + Section 5 of this 2001 Act is added to and made
a part of ORS 377.700 to 377.840. + }
SECTION 5. { + If the Department of Transportation has issued
three or more final orders in a 12-month period finding that a
person has violated one or more provisions of ORS 377.700 to
377.840, the Director of Transportation may file an action for
injunctive relief to enjoin the person, or any other entity
substantially controlled or directed by the person, from further
violating ORS 377.700 to 377.840. The action may be filed in the
Circuit Court for Marion County or in the circuit court of the
county that is the principal place of business or residence of
the person the director seeks to enjoin. + }
SECTION 6. { + Section 7 of this 2001 Act is added to and made
a part of ORS chapter 366. + }
SECTION 7. { + (1) The Department of Transportation may issue
a vegetation control permit to a person who holds a sign permit
issued pursuant to ORS 377.700 to 377.840. A vegetation control
permit authorizes the holder of the permit to control vegetation
in the right of way of a state highway, in accordance with the
provisions of this section, in order to keep the sign visible to
the traveling public.
(2) The department may not issue a vegetation control permit
for a scenic area as defined in ORS 377.505.
(3) The department may not issue a vegetation control permit
for the right of way of a portion of state highway that is access
controlled, or for which access rights have not accrued to the
abutting property unless:
(a) Access to the right of way is from the abutting property;
and
(b) The access does not breach, violate, destroy or otherwise
diminish the effectiveness or purpose of fences or other physical
barriers to the right of way.
(4) The department may charge a fee to the person issued a
vegetation control permit under this section. The amount of the
fee shall be determined by the department and shall be designed
to recover the cost to the department of issuing the permit. + }
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Enrolled House Bill 2145 (HB 2145-A) Page 3
Passed by House May 9, 2001
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Chief Clerk of House
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Speaker of House
Passed by Senate June 5, 2001
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President of Senate
Enrolled House Bill 2145 (HB 2145-A) Page 4
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
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Governor
Filed in Office of Secretary of State:
......M.,............., 2001
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Secretary of State
Enrolled House Bill 2145 (HB 2145-A) Page 5