71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 889
Sponsored by Senator GEORGE (at the request of Department of
Transportation)
CHAPTER ................
AN ACT
Relating to highway beautification; amending ORS 377.645,
377.712, 377.725, 377.726, 377.729 and 377.730; repealing ORS
377.545; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 377.645 is amended to read:
377.645. (1) The Department of Transportation { - shall have
the discretion as to whether or not state highway funds shall be
expended - } { + may expend moneys appropriated to the
department + } for the purposes of the screening, relocating,
removal or disposal of junkyards as provided in ORS 377.625 to
377.640, { + except that the department may not use moneys that
are subject to the provisions of section 3a, Article IX of the
Oregon Constitution. Moneys appropriated for the purposes
specified in this subsection may be expended by the
department + } unless and until federal-aid matching funds are
appropriated and made available to the state for such similar
purposes as provided in section 136, title 23, United States
Code.
(2) All money received by the Director of Transportation under
ORS 377.505, 377.510, 377.515 and 377.605 to 377.655 shall be
credited to the State Highway Fund.
SECTION 2. ORS 377.729 is amended to read:
377.729. { + The Department of Transportation may adopt rules
establishing permit fees for purposes of ORS 377.725 and fees for
an outdoor advertising business license issued under ORS 377.730.
Fees established by the department shall be designed to recover
the cost to the department of regulating signs that are outside
the right of way of a highway but are visible from the
highway. + }
{ - This section establishes permit fees for purposes of ORS
377.725. The fees are as follows: - }
{ - (1) The permit fee for any sign in a year in which the
sign is new, is relocated under ORS 377.767 or is reconstructed,
is as follows: - }
µ _____________________________________________________________ º
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled Senate Bill 889 (SB 889-INTRO) Page 1
{ -
Fee For Sign Area - }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
$25.....25 square feet or less
$50.......26 to 50 square feet
$150.....51 to 400 square feet
$More than 400 square feet - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
µ _____________________________________________________________ º
{ - (2) The annual renewal fee and the annual fee for signs
not described by subsection (1) of this section is as
follows: - }
µ _____________________________________________________________ º
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
Fee For Sign Area - }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ -
$10.....50 square feet or less
515square feet to 400 square feet
$More than 400 square feet - }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
µ _____________________________________________________________ º
{ - (3) If a permit remains valid under ORS 377.768 pending
relocation of a sign but is not currently being used, the holder
of the permit must pay a fee of $5 on or before January 1 of each
year to renew the validity of the permit for another year or
until the permit is used. If the fee required by this subsection
is not paid, the permit shall be canceled. - }
SECTION 3. ORS 377.730 is amended to read:
377.730. (1) A person shall not engage in the business of
erecting or maintaining outdoor advertising signs for other
persons without first obtaining an annual license therefor from
the Director of Transportation and paying the annual license fee
{ + established by the Department of Transportation by rule as
provided in ORS 377.729 + }.
{ - (2) The annual fee for an outdoor advertising business
license is: - }
{ - (a) $25, if the applicant erects but does not own
signs. - }
Enrolled Senate Bill 889 (SB 889-INTRO) Page 2
{ - (b) $25, if the applicant owns one or more but fewer than
50 signs. - }
{ - (c) $50, if the applicant owns more than 50 but fewer
than 500 signs. - }
{ - (d) $100, if the applicant owns more than 500 signs. - }
{ - (3) - } { + (2) + } An application for a license or
renewal thereof shall be made on a form furnished by the
director, shall contain such pertinent information as the
director may require and shall be accompanied by the applicable
annual fee. A license granted under this section expires on June
30 of each year. The fee shall not be prorated. The director
shall by certified mail send to each licensee a notice of
expiration of license and a renewal application form not less
than 30 days before the date of expiration. { - If a renewal
application is received by the director after June 30, the
license fee is double the fee specified by subsection (2) of this
section. - }
{ - (4) - } { + (3) + } If the director finds that an
applicant has knowingly provided materially false or misleading
information in the application or that a licensee has violated
any of the provisions of ORS 377.700 to 377.840, the director may
revoke, suspend for a period of up to one year or refuse to renew
the license unless a corrected application is filed or the
violation ceases, within 30 days after written notice to do so is
mailed to the applicant or licensee. During the suspension of a
license, the licensee may continue in business, but shall not
erect or reconstruct any sign requiring a permit under ORS
377.700 to 377.840.
SECTION 4. ORS 377.712 is amended to read:
377.712. (1) Notwithstanding the provisions of ORS 377.700 to
377.780, the owner of any outdoor advertising sign in existence
on June 12, 1975, located in a commercial or industrial zone in
existence on June 12, 1975, that meets all requirements for
obtaining an outdoor advertising sign permit as set out in ORS
377.700 to 377.780 and for which the owner had not secured an
outdoor advertising permit as required by ORS 377.725 prior to
June 12, 1975, either because of ignorance of the requirements of
ORS 377.725 or because the area, road or street adjacent to which
the sign was situated was not, at that time, designated as a
state highway, shall be entitled to the issuance of an outdoor
advertising sign permit by the { - division - }
{ + Department of Transportation + } upon application by the
owner of the sign and the payment of the fee { - set out in - }
{ + established by the department under + } ORS 377.729.
(2) Notwithstanding the provisions of ORS 377.700 to 377.780,
the owner of any outdoor advertising sign visible from a road or
street that is designated as a state highway after February 19,
1990, is entitled to the issuance of an outdoor advertising sign
permit for the sign upon application by the owner of the sign,
payment of the fee { - set out in - } { + established by the
department under + } ORS 377.729 and receipt of the affidavit
required under ORS 377.723, if the sign was legally located
within a commercial or industrial zone at the time of designation
as a state highway.
SECTION 5. ORS 377.725 is amended to read:
377.725. (1) Unless an annual permit has been issued therefor,
an outdoor advertising sign or a directional sign shall not be
erected, maintained or replaced by any person.
(2) A person may apply for a permit to the Director of
Transportation on forms furnished by the director. The permit
Enrolled Senate Bill 889 (SB 889-INTRO) Page 3
application shall include a precise description of the sign and
such other information as the director considers necessary or
desirable to determine compliance with ORS 377.700 to 377.840.
The director shall issue a permit for a sign that complies with
ORS 377.700 to 377.840. A valid permit may be transferred to
another person upon written notice to the director.
(3) A permit shall not be issued for an outdoor advertising
sign or a directional sign located adjacent to an interstate
highway or freeway unless the director determines that access to
the sign from the interstate highway or freeway can be obtained
without violating the access control line of the interstate
highway or freeway.
(4) A permit shall be renewed annually on the first day of
January. Application for renewal of a permit shall be filed prior
to expiration of the term of the permit. If application for
renewal of a permit is filed within 30 days after the expiration
of the term, the permit shall be granted if { - an additional
fee equal to the fee specified by - } { + any additional fee
specified by the department in rules adopted under + } ORS
377.729 is paid at the time the application is filed. Any permit
not renewed in accordance with this section shall be canceled.
(5) Permit fees for purposes of this section are { + as + }
established by { + the department by rule under + } ORS 377.729.
(6) A permit shall be issued for one year. The applicable fee
shall accompany the permit application. A fee shall not be
prorated for a fraction of a year or be refunded if the sign is
removed.
{ - (7) For the purpose of determining the permit fee: - }
{ - (a) For a back-to-back sign, the permit sign area
includes both sides of the sign. - }
{ - (b) A double-faced sign or a back-to-back sign is one
sign. - }
{ - (c) A V-type sign is two signs. - }
{ - (d) A tri-vision sign is three signs. - }
{ - (e) Any mechanically operated multifaced display sign
other than a tri-vision sign is the number of signs equal to the
number of display faces. Nothing in this paragraph authorizes
mechanically operated multifaced display signs. - }
{ - (8) - } { + (7) + } Advertising or information on the
display surface of a sign may be changed or cutouts may be
attached or removed within the sign area without obtaining a
permit { - or paying an additional fee - } . However, a permit
shall be obtained { - and the prescribed fee paid - } if the
sign is reconstructed.
{ - (9) - } { + (8) + } A reconstruction permit may be
issued for the addition of another face on the opposite side of
an existing, conforming sign under permit, that is no larger than
the existing sign face.
{ - (10) - } { + (9) + } The director shall cancel a permit
and require removal of the sign as provided by ORS 377.775 if the
director finds a sign has been erected, maintained or serviced
from the highway right of way at any portion of the right of way
where the Department of Transportation has acquired rights of
access to the highway or rights of access have not accrued to the
abutting property. In addition, the department may recover from
the owner of the sign or person erecting, maintaining or
servicing the sign, the amount of damage to landscaping, sodding,
fencing, ditching or other highway appurtenances resulting from
such acts.
Enrolled Senate Bill 889 (SB 889-INTRO) Page 4
{ - (11) - } { + (10) + } The director may revoke a permit,
unless a corrected application is filed or the sign is brought
into compliance within 30 days after written notice thereof is
mailed to the permittee, if the director finds:
(a) The applicant has knowingly supplied materially false or
misleading information in the application for a permit or renewal
thereof; or
(b) The sign covered by the permit is in violation of ORS
377.700 to 377.840.
{ - (12) - } { + (11) + } The director shall cancel a
permit immediately upon failure of a permittee to erect or
maintain the sign as described by the permit application and to
attach a permit tag thereto within 120 days after the date of
issuance of the permit therefor.
{ - (13) - } { + (12) + } The director shall assign to
every permit when issued for an outdoor advertising sign and a
directional sign a permit plate with identification number
thereon and a current permit decal. The permittee shall attach
the applicable permit plate with the current decal to the sign so
as to be visible from the adjacent state highway. The absence of
a permit plate and a current decal is prima facie evidence that
the sign does not comply with ORS 377.700 to 377.840.
{ - (14) - } { + (13) + } Except as otherwise provided in
ORS 377.712 and 377.765, no permits shall be issued for the
erection of any new outdoor advertising sign after June 12, 1975.
{ - (15) - } { + (14) + } The director may establish more
than one class or type of sign permit as necessary or desirable
to carry out ORS 377.700 to 377.840.
SECTION 6. ORS 377.726 is amended to read:
377.726. (1) Permits may be issued under ORS 377.725 for the
following signs visible from state highways, except those
highways on the interstate system:
(a) Notwithstanding the provisions of ORS 377.725
{ - (14) - } { + (13) + }, business identification signs and
benches utilized as outdoor advertising signs.
(b) Notwithstanding the provisions of ORS 377.715, 377.725
{ - (14) - } { + (13) + } and 377.770, outdoor advertising
signs on bus shelters erected or maintained for use by and
convenience of customers of a mass transit district, a
transportation district or any other public transportation
agency.
(2) The annual fee for a permit under this section shall be
{ - as provided in ORS 377.725 - } { + established by the
Department of Transportation by rule as provided in ORS
377.729 + }.
(3) The Oregon Transportation Commission shall establish, by
administrative rule, the number, size and location of the signs
and the criteria for the issuance of permits under this section.
SECTION 7. { + ORS 377.545 is repealed. + }
SECTION 8. { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect July 1,
2001. + }
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Enrolled Senate Bill 889 (SB 889-INTRO) Page 5
Passed by Senate May 16, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 20, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 889 (SB 889-INTRO) Page 6
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 889 (SB 889-INTRO) Page 7