74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2273
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
Relating to signs; creating new provisions; amending ORS 366.455,
377.505, 377.510, 377.620, 377.710, 377.712, 377.715, 377.720,
377.725, 377.735, 377.745, 377.750, 377.765, 377.767, 377.768,
377.770, 377.773, 377.775, 377.780, 377.787 and 377.800;
repealing ORS 377.726 and 377.727; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2007 Act are added to
and made a part of ORS 377.700 to 377.840. + }
SECTION 2. { + (1) To determine whether a person is giving or
receiving, or has given or received, compensation or anything of
value as defined by the Department of Transportation by rule for
displaying a sign, the department may issue an investigative
demand upon any person it reasonably believes may have relevant
documents or information.
(2) If any person after being served an investigative demand
under subsection (1) of this section fails or refuses to obey the
demand, the Department of Transportation may request that the
Department of Justice apply to an appropriate circuit court and,
after a hearing, request an order requiring compliance with the
demand. + }
SECTION 3. { + (1) Notwithstanding the provisions of ORS
377.715, 377.725 and 377.770, the Department of Transportation
may issue permits for outdoor advertising signs placed on benches
or shelters erected or maintained for use by customers of a mass
transit district, a transportation district or other public
transportation agency.
(2) The department shall determine by rule the fees and
criteria for the number, size, and location of such signs but the
department may not issue a permit for a sign that is visible from
an interstate highway. + }
SECTION 4. { + (1) An outdoor advertising sign under state
permit prior to the effective date of this 2007 Act that has been
removed by its owner due to loss of lease but has not yet been
relocated as of the effective date of this 2007 Act may continue
to have a relocation credit subject to all requirements for
relocation.
(2) As used in this section, 'relocation credit' means a credit
for future relocation of a permitted outdoor advertising sign
that was removed by the owner due to loss of lease, that had no
legal impediment to relocation under ORS 377.767 and for which
Enrolled House Bill 2273 (HB 2273-A) Page 1
the owner had not yet obtained a permit under ORS 377.767 to
relocate the sign to a new site. + }
SECTION 5. ORS 377.710 is amended to read:
377.710. As used in ORS 377.700 to 377.840 unless the context
otherwise requires:
(1) 'Back-to-back sign' means a sign with multiple display
surfaces mounted on a single structure with display surfaces
visible to traffic from opposite directions of travel.
{ - (2) 'Business identification sign' means a sign not
exceeding 32 square feet that identifies a business and that
displays only information necessary to adequately describe the
business and the direction and distance to the business. - }
{ - (3) - } { + (2) + } 'Commercial or industrial zone'
means an area, adjacent to a state highway, that is zoned for
commercial or industrial use by or under state statute or local
ordinance.
{ - (4) - } { + (3) + } 'Council' means the Travel
Information Council created by ORS 377.835.
{ - (5) - } { + (4) + } 'Cutout' means every type of
display in the form of letters, figures, characters or other
representations in cutout or irregular form attached to and
superimposed upon a sign.
{ - (6) - } { + (5) + } 'Department' means the Department
of Transportation.
{ - (7) 'Directional sign' means a sign: - }
{ - (a) Identifying and containing directional information to
one or more public places owned or operated by federal, state or
local governments or one of their agencies; - }
{ - (b) Identifying and containing directional information to
publicly or privately owned natural phenomena or historic,
cultural, scientific, educational and religious sites; or - }
{ - (c) Identifying and containing directional information to
areas of natural scenic beauty or areas naturally suited for
outdoor recreation, deemed to be in the interest of the traveling
public. - }
{ - (8) - } { + (6) + } 'Director' means the Director of
Transportation.
{ - (9) - } { + (7) + } 'Display surface' means the area of
a sign { - made - } available for the purpose of displaying
{ - the advertising or informational - } { + a + } message.
{ - (10) - } { + (8) + } 'Double-faced sign' means a sign
with multiple display surfaces with two or more separate and
different messages visible to traffic from one direction of
travel.
{ - (11) - } { + (9) + } 'Erect' means to construct, build,
assemble, place, affix, attach, create, paint, draw or in any way
bring into being or establish.
{ - (12) - } { + (10) + } 'Federal-aid primary system' or
'primary highway' means the federal-aid primary system in
existence on June 1, 1991, and any highway { - that is not on
such system but - } that is on the National Highway System.
{ - (13) - } { + (11) + } 'Freeway' means a divided
arterial highway with four or more lanes available for through
traffic with full control of access and grade separation at
intersections.
{ - (14) - } { + (12) + } 'Governmental unit' means the
federal government, the state, or a city, county or other
political subdivision or an agency thereof.
{ - (15) - } { + (13) + } 'Interstate highway' or
'interstate system ' means every state highway that is a part of
Enrolled House Bill 2273 (HB 2273-A) Page 2
the National System of Interstate and Defense Highways
established pursuant to section
{ - 103(e) - } { + 103(c) + }, title 23, United States Code.
{ - (16) - } { + (14) + } 'Logo' means a symbol or design
used by a business as a means of identification of its products
or services.
{ - (17) - } { + (15) + } 'Logo sign' means a sign located
on highway right of way on which logos for gas, food, lodging and
camping are mounted.
{ - (18) - } { + (16) + } 'Maintain { + ' + } { - ,'
'maintained, ' ' maintaining' or 'maintenance' - } includes
painting, changing { - advertising or information - }
{ + messages + } on display surfaces, adding or removing a
cutout { + or display surface of the same dimensions, replacing
lights or the catwalk + }, { + making + } routine repairs
necessary to { - maintain - } { + keep + } the sign in a
neat, clean, attractive and safe condition, and { - the term
includes - } allowing { + the sign + } to exist.
{ - (19) - } { + (17) + } { - ' Main-traveled - } { +
' Main traveled + } way' means the through traffic lanes,
exclusive of frontage roads, auxiliary lanes and ramps.
{ - (20) - } { + (18) + } 'Motorist informational sign'
means a sign erected in a safety rest area, scenic overlook or
sign plaza and maintained under the authority of ORS 377.700 to
377.840 to inform the traveling public about public
accommodations, services for the traveling public and points of
scenic, historic, cultural, scientific, outdoor recreational and
educational interest.
{ - (21) 'Nonconforming sign' means a sign that is subject
to, but does not comply with, the provisions of ORS 377.700 to
377.840. - }
{ + (19) 'Nonconforming sign' means a sign that complied with
ORS 377.700 to 377.840 when erected, but no longer complies with
ORS 377.700 to 377.840 because of a later change in the law or in
the conditions outside of the owner's control. An unlawfully
located or maintained sign is not a nonconforming sign. + }
{ - (22) 'On-premises sign' means a sign designed, intended
or used to advertise, inform or attract the attention of the
public as to: - }
{ - (a) Activities conducted on the premises on which the
sign is located; or - }
{ - (b) The sale or lease of the premises on which the sign
is located. - }
{ - (23) - } { + (20) + } 'Outdoor advertising sign'
means { + : + } { - a sign designed, intended or used to
advertise, inform or attract the attention of the public as
to: - }
{ - (a) Goods, products or services which are not sold,
manufactured or distributed on or from the premises on which the
sign is located; - }
{ - (b) Facilities not located on the premises on which the
sign is located; or - }
{ - (c) Activities not conducted on the premises on which the
sign is located. - }
{ + (a) A sign that is not at the location of a business or
an activity open to the public, as defined by the department by
rule; or
(b) A sign for which compensation or anything of value as
defined by the department by rule is given or received for the
Enrolled House Bill 2273 (HB 2273-A) Page 3
display of the sign or for the right to place the sign on
another's property. + }
{ - (24) - } { + (21) + } 'Protected area' means an area
located within 660 feet of the edge of the right of way of any
portion of an interstate highway constructed upon any part of
right of way, the entire width of which was acquired by the State
of Oregon subsequent to July 1, 1956, and which portion or
segment does not traverse:
(a) A commercial or industrial zone within the boundaries of a
city, as such boundaries existed on September 21, 1959, wherein
the use of real property adjacent to the interstate highway is
subject to municipal regulation or control; or
(b) Other areas where land use, as of September 21, 1959, is
established as industrial or commercial pursuant to state law.
{ - (25) - } { + (22) + } { - ' Reconstruction' - }
{ + ' Reconstruct' + } means replacing a sign totally or
partially destroyed, { - increasing its size - } { + changing
its overall height + } or performing any work, except maintenance
work, that alters or changes a sign { - authorized to exist
under the provisions of - } { + that lawfully exists under + }
ORS 377.700 to 377.840.
{ - (26) - } { + (23) + } { - ' Relocation' - } { + '
Relocate' + } includes, but is not limited to { - the removal
of - } { + removing + } a sign from one { - situs together
with the erection of - } { + site and erecting + } a new sign
upon another { - situs - } { + site + } as a substitute
therefor.
{ - (27) - } { + (24) + } 'Rest area' means an area
established and maintained within or adjacent to a state highway
right of way by or under public supervision or control for the
convenience of the traveling public, and includes safety rest
areas, scenic overlooks or similar roadside areas.
{ - (28) - } { + (25) + } 'Secondary highway' means any
state highway other than an interstate highway or primary
highway.
{ - (29) - } { + (26)(a) + } 'Sign' means any sign,
display, message, emblem, device, figure, painting, drawing,
placard, poster, billboard or other thing that is designed, used
or intended for advertising purposes or to inform or attract the
attention of the public { + . + } { - , and the term - }
{ + (b) 'Sign' + } includes the sign structure, display
surface and all other component parts of a sign { + . + }
{ - ; - }
{ + (c) + } When dimensions of a sign are specified,
{ - the term - } { + ' sign' + } includes panels and frames
{ - ; and the term includes - } { + and + } both sides of a
sign of specified dimensions or area.
{ - (30) - } { + (27) + } 'Sign area' means the overall
dimensions of all panels capable of displaying messages on a sign
structure.
{ - (31) - } { + (28) + } 'Sign plaza' means a structure
erected and maintained by or for the department or the Travel
Information Council, adjacent { + to + } or in close proximity
to a state highway, for the display of motorist information.
{ - (32) 'Sign regulations for protected areas' means
regulations promulgated by the department applicable to signs
erected within protected areas prior to, and in effect on, July
2, 1971, or amendments to such regulations promulgated by the
department. - }
Enrolled House Bill 2273 (HB 2273-A) Page 4
{ + (29) 'Sign rules for protected areas' means rules adopted
by the department applicable to signs displayed within protected
areas. + }
{ - (33) - } { + (30) + } 'Sign structure' or 'structure'
means the supports, uprights, braces, { + poles, pylons,
foundation elements, + } framework and display surfaces of a
sign.
{ - (34) - } { + (31) + } 'State highway,' 'highway' or
'state highway system' means the entire width between the
boundary lines of the right of way of every state highway, as
defined by ORS 366.005, and { - the terms also include - } the
interstate system and the federal-aid primary system.
{ - (35) - } { + (32) + } 'Tourist oriented directional
sign' means a sign erected on state highway right of way to
provide business identification and directional information for
services and activities of interest to tourists.
{ - (36) - } { + (33) + } 'Traffic control sign or device'
means an official route marker, guide sign, warning sign, or sign
directing or regulating traffic, which has been erected by or
under the order of the department.
{ + (34) 'Travel plaza' means any staffed facility erected
under the authority of the Travel Information Council to serve
motorists by providing brochures, displays, signs and other
visitor information and located in close proximity to a
highway. + }
{ - (37) - } { + (35) + } 'Tri-vision sign' means { - an
outdoor advertising structure - } { + a sign + } that contains
display surfaces composed of a series of three-sided rotating
slats arranged side by side, either horizontally or vertically,
that are rotated by an electromechanical process { - , - }
{ + and + } capable of displaying a total of three separate and
distinct messages, one message at a time, provided that the
rotation from one message to another message is no more frequent
than every eight seconds and the actual rotation process is
accomplished in four seconds or less.
{ - (38) - } { + (36) + } 'V-type sign' means two signs
erected independently of each other with multiple display
surfaces having single or multiple messages visible to traffic
from opposite directions, with an interior angle between the two
signs of not more than 120 degrees and the signs separated by not
more than 10 feet at the nearest point.
{ - (39) - } { + (37) + } 'Visible' means capable of being
seen without visual aid by a person of normal visual acuity,
whether or not legible from the { - main-traveled - }
{ + main traveled + } way of any state highway.
{ - (40) 'Waiver' means an agreement executed between the
owner of a sign, the owner of the property on which the sign is
located and the department which provides that those signs
erected adjacent to an interstate or primary highway after
October 22, 1965, shall be removed, with partial compensation or
no compensation, as provided by the agreement. - }
SECTION 6. 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 - } { + the effective date of this 2007
Act + }, located in a commercial or industrial zone in existence
on { - June 12, 1975 - } { + the effective date of this 2007
Act + }, that meets all requirements for obtaining an outdoor
advertising sign permit as set out in ORS 377.700 to 377.780 and
Enrolled House Bill 2273 (HB 2273-A) Page 5
for which the owner had not secured an outdoor advertising permit
as required by ORS 377.725 prior to
{ - June 12, 1975, - } { + the effective date of this 2007
Act + } 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 Department of Transportation upon
application by the owner of the sign and the payment of the fee
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, - } { + the effective date of this 2007 Act + } 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 established by the department under ORS 377.729 and
receipt of the affidavit required under ORS 377.723, if the sign
was { - legally - } { + lawfully + } located within a
commercial or industrial zone at the time of designation as a
state highway.
SECTION 7. ORS 377.715 is amended to read:
377.715. ORS 377.700 to 377.840, and the rules adopted pursuant
thereto, apply to { + signs + } { - outdoor advertising signs,
on-premises signs and directional signs - } erected or
maintained outside the right of way along state highways and
visible to the traveling public from a state highway. A person
may not erect or maintain { + a sign + } { - an outdoor
advertising, on-premises or directional sign - } visible to the
traveling public from a state highway, except where permitted
outside the right of way of a state highway, unless { - it - }
{ + the sign + } complies with the provisions of ORS 377.505 to
377.540 { - , - } { + and + } 377.700 to 377.840, and the
rules adopted pursuant thereto { - , and with applicable federal
requirements as of October 23, 1999, including any statute,
regulation or contract - } . A person may not erect or
maintain { + a sign + }
{ - an outdoor advertising sign, directional sign or
on-premises sign - } on the right of way of a state
highway { + , other than a traffic control sign or device + }.
SECTION 8. ORS 377.720 is amended to read:
377.720. A sign may not be erected or maintained if it:
(1) Interferes with, imitates or resembles any
{ - official - } traffic control sign { - , signal - } or
device, or attempts or appears to attempt to direct the movement
of traffic.
(2) Prevents the driver of a motor vehicle from having a clear
and unobstructed view of { - official - } traffic control
signs
{ - and - } { + or devices or + } approaching or merging
traffic.
(3) Contains, includes or is illuminated by any flashing,
intermittent, revolving, rotating or moving light or moves or has
any animated or moving parts. This subsection does not apply to:
(a) A traffic control sign { + or device + }.
{ - (b) Signs, displays, devices or portions thereof with
lights that may be changed at intermittent intervals by
electronic process or remote control providing only public
service information such as time, date, temperature, weather or
similar information. - }
Enrolled House Bill 2273 (HB 2273-A) Page 6
{ - (c) - } { + (b) + } Signs { - , displays, devices - }
or portions thereof with lights that may be changed at
intermittent intervals by electronic process or remote control
{ - and that advertise activities conducted on the premises
where the sign, display or device is located - } { + that are
not outdoor advertising signs + }.
{ - (d) - } { + (c) + } A tri-vision sign, { + except that
a tri-vision sign may not be illuminated by any flashing,
intermittent, revolving, rotating or moving lights + } { - if
allowed specifically for Oregon, in writing, by the United States
Department of Transportation - } .
(4) Has any lighting, unless such lighting is so effectively
shielded as to prevent beams or rays of light from being directed
at any portion of the main traveled way of a state highway, or is
of such low intensity or brilliance as not to cause glare or to
impair the vision of the driver of a motor vehicle or otherwise
to interfere with the operation thereof.
(5) Is located upon a tree, or painted or drawn upon a rock or
other natural feature.
{ - (6) Advertises or calls attention to a business or other
activity or a profession, commodity, product, service or
entertainment no longer carried on, produced, sold or
offered. - }
{ - (7) - } { + (6) + } Advertises activities that are
illegal under any state or federal law applicable at the location
of the sign or of the activities.
{ - (8) - } { + (7) + } Is not maintained in a neat, clean
and attractive condition and in good repair.
{ - (9) - } { + (8) + } Is not able to withstand a wind
pressure of 20 pounds per square foot of exposed surface.
{ - (10) - } { + (9) + } Is on a vehicle or trailer that is
located on public or private property. This subsection does not
apply to a vehicle or trailer used for transportation by the
owner or person in control of the property.
SECTION 9. 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. - }
{ + (1) A person may not erect, control, relocate or
reconstruct an outdoor advertising sign unless the Department of
Transportation has issued a permit for the erection, control,
relocation or reconstruction of the sign. + }
(2) A person { - may apply - } { + who applies + } for a
permit to the Director of Transportation { + shall complete + }
{ - on - } forms furnished by the director. The permit
application shall include a precise description of the
{ + outdoor advertising + } 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 - } { + an outdoor advertising + } 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 - } { + may + } 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.
Enrolled House Bill 2273 (HB 2273-A) Page 7
(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 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 - }
{ + may + } not be prorated for a fraction of a year or be
refunded if the { + outdoor advertising + } sign is removed.
(7) { - Advertising or information on - } The display
surface of
{ - a - } { + an outdoor advertising + } sign may be changed
or cutouts may be attached or removed within the sign area
without obtaining a permit. However, a permit shall be obtained
if the { + outdoor advertising + } sign is reconstructed.
(8) A reconstruction permit may be issued for the addition of
another { + display surface + } { - face - } on the opposite
side of an existing, conforming sign under permit, that is no
larger than the existing { - sign face - } { + display
surface + }.
(9) The director shall { + require removal of a sign or
shall + } cancel a permit and require removal of { - the - }
{ + an outdoor advertising + } 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. { + If there is no
permit for the outdoor advertising sign, then the director shall
require removal of the outdoor advertising sign. + } In addition,
the department may recover from the owner of the sign { + or
outdoor advertising sign + } or { + from the + } person
erecting, maintaining or servicing the sign { + or outdoor
advertising sign + }, the amount of damage to landscaping,
{ - sodding - } { + sod + }, fencing,
{ - ditching - } { + ditches + } or other highway
appurtenances resulting from such acts. { + If a permit is
canceled under this subsection, an outdoor advertising sign may
not be relocated under ORS 377.767. + }
(10) { + (a) + } The director may { - revoke - } { +
cancel + } a permit, unless a corrected application is filed or
the { + outdoor advertising + } sign is brought into compliance
within 30 days after written notice thereof is mailed to the
permittee, if the director finds:
{ - (a) - } { + (A) + } The applicant has knowingly
supplied materially false or misleading information in the
application for a permit or renewal thereof; or
{ - (b) - } { + (B) + } The sign covered by the permit
{ - is in violation of - } { + violates + } ORS 377.700 to
377.840.
{ + (b) If a permit is canceled under this subsection, an
outdoor advertising sign may not be relocated under ORS 377.767,
and the holder of the permit is not entitled to a relocation
credit as defined in section 4 of this 2007 Act. + }
Enrolled House Bill 2273 (HB 2273-A) Page 8
(11) The director shall cancel a permit immediately upon
failure of a permittee to erect or maintain the { + outdoor
advertising + } sign as described by the permit application and
to attach a permit { - tag thereto within 120 - } { + plate
to the sign 180 + } days after the date of issuance of the permit
{ - therefor - } .
(12) The director shall assign { + a permit plate with an
identification number + } to { - every - } { + the + } permit
{ - when - } issued for an outdoor advertising sign { - and a
directional sign a permit plate with an identification number - }
. The permittee shall attach the
{ - applicable - } permit plate to the { + outdoor
advertising + } sign so { - as to be - } { + the plate is + }
visible from the adjacent state highway. The absence of a permit
plate or failure to renew the permit annually is prima facie
evidence that the { + outdoor advertising + } sign does not
comply with ORS 377.700 to 377.840.
(13) Except as otherwise provided in ORS 377.712 and 377.765
{ + and section 3 of this 2007 Act + }, no permits shall be
issued for the erection of any new outdoor advertising sign after
{ - June 12, 1975 - } { + the effective date of this 2007
Act + }.
(14) The director may establish more than one class or type of
{ + outdoor advertising + } sign permit as necessary or
desirable to carry out ORS 377.700 to 377.840.
{ + (15) Any hearing under this section shall be conducted as
a contested case hearing under ORS chapter 183. + }
SECTION 10. ORS 377.735 is amended to read:
377.735. (1) { - If applicable federal requirements as of
October 23, 1999, are met, - } The permit requirements of ORS
377.700 to 377.840 do not apply to:
(a) Signs of a governmental unit, including but not limited to
traffic control { - or regulatory - } { + signs or + }
devices, legal notices or warnings.
(b) A temporary sign on private property if:
(A) The sign does not exceed 12 square feet;
(B) The sign is not on a permanent base;
(C) The sign does not remain in place for a period of more than
60 days in a calendar year, except that a sign erected by a
resident on the resident's residential property may remain in
place for longer than 60 days in a calendar year;
(D) No person receives compensation { + or anything of value
as defined by the Department of Transportation by rule + } for
displaying the sign; and
(E) The sign complies with ORS 377.720.
{ - (c) On-premises signs. - }
(2) The Department of Transportation may adopt rules that, for
good cause shown, allow a person displaying a temporary sign to
obtain a variance from the restrictions in subsection (1)(b) of
this section. The department shall not consider the content of
the sign in deciding whether to allow a variance.
(3) The department shall adopt rules for the approval and
preservation of historic signs. Rules adopted under this
subsection may not be based on or allow consideration of the
content of the signs.
(4) The department shall adopt rules for the
{ - installation - } { + erection + } and maintenance of
permanent signs that do not exceed six square feet and that
provide { - information - } { + messages + } for the safety
or convenience of the public.
Enrolled House Bill 2273 (HB 2273-A) Page 9
(5) ORS 377.700 to 377.840 do not apply to { - an outdoor
advertising sign - } { + a sign + } erected or maintained
within a city more than 660 feet from the nearest edge of the
right of way of a state highway, unless the sign is designed to
be viewed primarily from the state highway.
SECTION 11. ORS 377.745 is amended to read:
377.745. (1) { + Except as provided in subsection (3) of this
section, + } an outdoor advertising sign { - shall - }
{ + may + } not exceed:
(a) A length of 48 feet;
(b) A height, excluding foundation and supports, of 14 feet; or
(c) A sign area of 825 square feet.
(2) In determining the dimensions of { - a - } { + an
outdoor advertising + } sign or sign area under this section:
(a) Cutouts that project beyond the borders of { - a - }
{ + an outdoor advertising + } sign shall be included in
measuring the area of a sign, but not the height or length of a
sign. The sign area of cutouts shall be no more than 20 percent
of the area of the sign to which attached.
(b) The limitations apply { + separately + } to each side of a
back-to-back sign.
(c) The size limitations apply { + separately + } to each sign
forming a V-type sign.
(d) The size limitations apply separately to each of the
{ - three - } display surfaces on a tri-vision sign.
{ + (3) A nonconforming outdoor advertising sign in existence
on the effective date of this 2007 Act may continue to exceed the
size limitations established in this section until the sign is
reconstructed or relocated, at which time the sign must comply
with subsection (1) of this section. + }
SECTION 12. ORS 377.750 is amended to read:
377.750. (1) For the purpose of applying the spacing provided
by subsection (2) of this section:
(a) Distances shall be measured lineally along the highway and
parallel to the center line of the highway.
(b) A back-to-back { + sign + }, double-faced { + sign + },
V-type { + sign + } or tri-vision sign shall be considered one
sign.
(c) Distance from an interchange shall be measured from a point
departing from or entering onto the { - main-traveled - }
{ + main traveled + } way.
(2) { + Except as provided in subsection (3) of this
section, + } minimum spacing between outdoor advertising signs
shall be:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum spaceMinimum
between signsspace from
Type of higsame side interchange
where erhighway (in fe(in feet)
Interstate Highway
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
Enrolled House Bill 2273 (HB 2273-A) Page 10
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Inside cities500 None
Outside cit2,000 500
Freeway
Inside cities500 None
Outside cit1,000 500
Other state highway
Inside cities100 None
Outside citie500 None
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + (3) A nonconforming outdoor advertising sign in existence
on the effective date of this 2007 Act may continue to deviate
from the spacing limitations established in this section until
the sign is reconstructed or relocated, at which time the sign
shall comply with the spacing limitations established in this
section. + }
SECTION 13. ORS 377.765 is amended to read:
377.765. (1) Outdoor advertising signs in existence on
{ - June 12, 1975 - } { + the effective date of this 2007
Act + }, and lawfully located within commercial or industrial
zones in existence on
{ - June 12, 1975 - } { + the effective date of this 2007
Act + }, and outdoor advertising signs visible from a road or
street that is designated as a state highway after { - February
19, 1990 - } { + the effective date of this 2007 Act + },
{ + and + } lawfully located within a commercial or industrial
zone at the time { - of designation - } { + the road or
street is designated + } as a state highway, may remain. Subject
to the provisions of ORS 377.700 to 377.840, such signs may be
maintained, reconstructed and relocated. However, such signs
{ - shall - } { + may + } not be relocated unless a
relocation permit has been issued { - therefor - } pursuant to
ORS 377.767. { - No - } { + A + } permit may { + not + } be
issued to relocate an outdoor advertising sign that was not { +
lawfully + } in existence on { - June 12, 1975 - } { + the
effective date of this 2007 Act + }, except that { + outdoor
advertising signs that are visible from a road or street that is
designated as a state highway after the effective date of this
2007 Act, and that are lawfully located within a commercial or
industrial zone at the time the road or street is designated as a
state highway, may be relocated within the same section of
highway. + } { - signs that are visible from a road or street
that is designated as a state highway after February 19, 1990,
and that were lawfully located within a commercial or industrial
zone at the time of designation as a state highway, may be
relocated within the same section of the road or street. - }
(2) All outdoor advertising signs { - which - }
{ + that + } are lawfully located outside of a commercial or
industrial zone and visible from an interstate highway or a
primary highway shall be removed
{ - forthwith - } upon payment of just compensation as
provided by ORS 377.780.
(3) Upon payment of just compensation { + , the Department of
Transportation may remove + } any { + lawful + } outdoor
Enrolled House Bill 2273 (HB 2273-A) Page 11
advertising sign located in a scenic area designated pursuant to
ORS 377.505 to 377.540 { - may be removed forthwith - } .
(4) Where an outdoor advertising sign was reconstructed under a
waiver, upon payment of just compensation for that portion of the
value { - which - } { + that + } is not covered by the
waiver, { + the department may remove the outdoor advertising
sign. + } { - such outdoor advertising sign may be removed
forthwith. - }
(5) Outdoor advertising signs in existence on { - July 1,
1971, which - } { + the effective date of this 2007 Act
that + } are lawfully located outside of a commercial or
industrial zone in existence on July 1, 1971, and visible from a
secondary highway and not within a scenic area existing on July
1, 1971, or thereafter designated a scenic area may be removed
only upon payment of just compensation as provided in ORS
377.780. { - Such a sign may, upon payment of such just
compensation, be removed forthwith. - } { + Upon payment of
just compensation, the department may remove the outdoor
advertising sign. + } It may not be reconstructed or replaced if
destroyed by natural causes and { - it may not be moved to a
different location - } { + may not be relocated + }.
(6) Subject to subsection (2) of this section, { + the
department may remove without payment of just compensation + }
every outdoor advertising sign erected since October 22, 1965,
pursuant to a waiver, adjacent to an interstate highway or a
primary highway and outside of a commercial or industrial zone
{ - shall be removed forthwith, without payment of
compensation - } , unless an owner of such a sign or signs,
within 10 days after April 18, 1973, enters into an agreement
transferring title to the signs to the state. Such an agreement
may provide for the leasing back of such signs and for a
scheduled removal which shall be not later than December 31,
1975.
(7) If a secondary highway existing on July 2, 1971, is
subsequently designated as an interstate or primary highway,
{ + upon payment of just compensation, the department may
remove + } outdoor advertising signs not conforming to the
provisions of ORS 377.700 to 377.840 { - shall be removed upon
payment of just compensation - } .
(8) If any other highway is designated as an interstate or
primary highway, { + upon payment of just compensation, the
department may remove + } a nonconforming outdoor advertising
sign lawful before such designation but nonconforming thereafter
{ - shall be removed upon payment of just compensation - } .
(9) Upon the construction or designation of a secondary
highway, after July 2, 1971, an outdoor advertising sign lawfully
in existence and not regulated under ORS 377.700 to 377.840 prior
to such construction or designation { - shall be governed
by - } { + is subject to + } subsection (5) of this section.
(10) Any outdoor advertising sign lawfully { + + }in
existence outside of a city on July 2, 1971, beyond 660 feet from
the nearest edge of the right of way of an interstate or primary
highway and designed to be viewed primarily from such highway
shall be removed by July 1, 1976, without compensation.
SECTION 14. ORS 377.767 is amended to read:
377.767. A permit { + or a relocation credit as defined in
section 4 of this 2007 Act + } shall be issued for the relocation
of
Enrolled House Bill 2273 (HB 2273-A) Page 12
{ - an - } { + a permitted + } outdoor advertising sign
lawfully { - erected in - } { + located within + } a
commercial or industrial zone in existence on
{ - June 12, 1975, - } { + the effective date of this 2007
Act + } if the site lease for { - said - } { + the + } sign
is terminated for any reason. The existing { + outdoor
advertising + } sign may be relocated { - in - }
{ + within + } any commercial or industrial zone { + if the new
sign and the new site comply with ORS 377.700 to 377.840, and + }
upon the following conditions:
(1) The { + outdoor advertising + } sign that is relocated
{ - shall - } { + may + } not have a sign size larger than that
specified in the permit for the sign located on the site on which
the lease was terminated. However, { - a sign - } { + an
outdoor advertising sign with + } 250 square feet or more { + of
display surface on one side + } may be increased to the maximum
size allowed by { - the provisions of - } ORS 377.700 to
377.840 if { - not relocated so as to be - } { + the
relocated sign is not + } visible from Interstate Highway 5,
Interstate Highway 205, or Interstate Highway 84. { + A
single-faced sign may be relocated as a back-to-back sign. + }
(2) The site for the relocated sign is not within the distances
set { - out - } { + forth + } below, on the same side of the
highway, from a site from which an outdoor advertising sign was
purchased pursuant to the provisions of ORS 377.700 to 377.840.
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance in Either
Types of HiDirection from Site
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Interstate 2,000 feet
Freeway 1,000 feet
Other State High500 feet
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(3) { + (a) + } { - Where a - } { + If an outdoor
advertising + } sign is relocated
{ - in - } { + within + } a commercial or industrial zone
{ - which - } { + that + } first came into existence after
January 1, 1973, the site shall be within 750 feet of a developed
commercial or industrial area, as measured parallel to the
centerline of the highway. { - For the purposes of ORS 377.710,
377.715, 377.725, 377.735, 377.770, 377.773, 377.780, 377.800 and
377.845 and this section, A - }
{ + (b) For purposes of this subsection, + } 'developed
commercial or industrial area' { - shall include - }
Enrolled House Bill 2273 (HB 2273-A) Page 13
{ + includes + } only the land occupied by a building, parking
lot, storage { + area + } or processing area of a commercial or
industrial use and on the same side of the highway.
(4) { - After October 4, 1977, no permit shall - } { + A
permit may not + } be issued to relocate { - a - } { + an
outdoor advertising + } sign more than 100 miles from the
{ + existing + } site of { - an existing - } { + the + }
sign as of
{ - September 1, 1977 - } { + the effective date of this 2007
Act + }, as measured along public streets, roads or highways
between that site and the proposed new site. { + For relocation
credits that exist as of the effective date of this 2007 Act, a
permit may not be issued to relocate an outdoor advertising sign
more than 100 miles from the existing site of the sign as of
September 1, 1977, as measured along public streets, roads or
highways between that site and proposed new site. + }
{ - (5) In accordance with applicable provisions of ORS
chapter 183, the Department of Transportation may adopt rules
to: - }
{ - (a) Prohibit the erection of signs, including relocation
of signs, along any portion of U.S. Highway 101 if the signs or
the erection of such signs would violate federal scenic byway
laws or regulations or conditions of federal grants relating to
scenic byways. - }
{ - (b) Establish design standards for signs on any highway
or portion of highway that is designated a scenic byway by the
Oregon Transportation Commission. - }
{ + (5) Outdoor advertising signs may not be relocated to a
state highway or portion of a state highway designated as part of
the scenic byway system by the Oregon Transportation Commission.
If a portion of a highway is no longer designated as a scenic
byway, as provided by state and federal law, an outdoor
advertising sign may be relocated to that portion subject to ORS
377.700 to 377.840 and 377.992 and any other limitations provided
by law. + }
(6) If the { - sign that is - } { + outdoor advertising
sign being + } relocated is relocated as a tri-vision sign,
{ + the applicant shall obtain three equivalent permits or
relocation credits + } { - three equivalent permits must be
issued for the sign - } and the sign must meet all requirements
of this section.
{ + (7) If the outdoor advertising sign being relocated is
relocated as a back-to-back tri-vision sign or V-type tri-vision
sign, the applicant shall obtain six equivalent permits and the
sign must meet all requirements of this section. + }
SECTION 15. ORS 377.768 is amended to read:
377.768. Notwithstanding { - any provision in - } ORS
377.700 to 377.840 { - to the contrary - } :
(1) Issuance of a permit under ORS 377.767 to relocate
{ - a - } { + an outdoor advertising + } sign for which a
permit has been issued under ORS 377.725 { - shall - }
{ + does + } not cancel the original permit issued under ORS
377.725 except as provided in this section. The applicant for the
permit to relocate shall surrender the original permit to the
Director of Transportation upon issuance of the permit to
relocate. Upon completion of the relocation of the { + outdoor
advertising + } sign, { + including the removal of the sign
structure from the original site, + } the person holding the
permit for relocation of the sign shall { + immediately + }
notify the director { + in writing + }.
Enrolled House Bill 2273 (HB 2273-A) Page 14
(2) The director shall retain any permit surrendered under
subsection (1) of this section. If the director:
(a) Is notified that the relocation of the { + outdoor
advertising + } sign is completed within { - 120 - }
{ + 180 + } days after the issuance of the permit for
relocation, the director shall cancel the original permit.
(b) Cancels the permit for relocation { - of the sign - }
because the relocation of the { + outdoor advertising + } sign
is not completed within { - 120 - } { + 180 + } days as
required under ORS 377.725, the director shall { - return - }
{ + reinstate + } the original permit for the sign to the person
whose permit for relocation of the sign is canceled.
(3) A permit that is { - returned - } { + reinstated + }
under subsection (2) of this section remains valid and retains
all rights under ORS 377.725 of a permit that has not been
surrendered under this section.
{ + (4) Relocation credits as defined in section 4 of this
2007 Act issued prior to the effective date of this 2007 Act and
not yet used as of the effective date of this 2007 Act are valid
subject to ORS 377.767. + }
SECTION 16. ORS 377.770 is amended to read:
377.770. (1) Signs and outdoor advertising signs erected or
maintained within protected areas shall comply with the sign
{ - regulations - } { + rules + } for protected areas. If any
provision of ORS 377.700 to 377.840 or rules
{ - promulgated - } { + adopted + } pursuant thereto are more
restrictive than the sign { - regulations - } { + rules + }
for protected areas, the more restrictive provision or rule
applies.
(2) In addition to the requirements provided by subsection (1)
of this section, and subject to ORS 377.505 to 377.540, 377.720,
377.725, 377.745, 377.750 and 377.767:
(a) Outdoor advertising signs { + lawfully + } in existence on
{ - June 12, 1975 - } { + the effective date of this 2007
Act + }, may be maintained, reconstructed or relocated
{ - in - } { + within + } commercial or industrial zones.
Within cities, an outdoor advertising sign { - shall - }
{ + may + } not be erected more than 660 feet from the nearest
edge of the right of way if { - such - } { + the + } sign is
designed to be viewed primarily from a state highway.
(b) The Legislative Assembly declares it is the paramount
policy of this state to prohibit outdoor advertising signs
{ + visible to the traveling public from a state highway + }
except those { + lawfully + } in existence on { - June 12,
1975 - } , { + the effective date of this 2007 Act + } in
commercial or industrial zones established on { - June 12,
1975 - } { + the effective date of this 2007 Act + }, except as
provided by ORS 377.765 and 377.767 { + and section 3 of this
2007 Act + }.
SECTION 17. ORS 377.773 is amended to read:
377.773. Any { - outdoor advertising sign which - }
{ + sign that + } does not have { - copy - } { + a
message + } on the display surface for a period of six months
{ - shall be - } { + is + } deemed to have been abandoned by
the owner { - thereof and becomes - } { + and is + } a
noncomplying sign subject to removal by the Director of
Transportation under the procedure set forth in ORS 377.775.
SECTION 18. 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 - } { + is + } a public
Enrolled House Bill 2273 (HB 2273-A) Page 15
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.
(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 - } { + display
surface + }; and
(B) A right to operate the sign, whether the right is created
by lease, operating agreement or otherwise.
(5) { + (a) + } The director shall, after removing a sign in
accordance with subsection (2) of this section, place
{ - it - } { + the sign + }in storage for 30 days while the
director makes a further effort to find its owner.
{ + (b) + } If the owner cannot be found within { - that
time - } { + 30 days + }, the director may, without incurring
any liability therefor, destroy or otherwise dispose of the sign.
{ + (c) + } If the owner is found within { - that time - }
{ + 30 days + }, the owner may be required to remove the sign
from storage { + . + } { - ; and - }
{ + (d) + } 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 (6) of this section.
Enrolled House Bill 2273 (HB 2273-A) Page 16
(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.
{ - (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. - }
{ + (7) A hearing under this section shall be conducted as a
contested case hearing under ORS chapter 183. + }
SECTION 19. ORS 377.780 is amended to read:
377.780. (1) Where the Department of Transportation elects to
remove and pay for a sign visible from secondary highways
pursuant to ORS 377.765 (5), { + upon removal, the department
shall pay + } just compensation { - shall be paid upon the
removal thereof - } .
(2) For the purposes of ORS 377.700 to 377.840, the department
may acquire by purchase, agreement, donation or exercise of the
power of eminent domain land or an interest in land or a sign.
{ - It - } { + The department + } shall pay just compensation
for:
(a) The taking from the owner of such lawfully { - placed - }
{ + located + } sign all right, title, leasehold and interest
in such sign; and
(b) The taking from the owner of the real property on which the
sign is located the right to place such sign thereon.
(3) When the department is required under ORS 377.700 to
377.840 to make payment therefor to remove a sign, the payment
shall be for the value of the items specified by subsection (2)
of this section, as determined by the department. In determining
value, the department shall use the accepted appraisal method
customarily used in such cases or the method prescribed by
federal regulations, if any, applicable to such appraisals or
payments, whichever results in the lowest valuation. However, in
any case, the department shall so appraise such signs or rights
taken by whatever method may be required to avoid imposition of a
reduction in the amount of federal highway funds the state
otherwise would be eligible to receive.
SECTION 20. ORS 377.787 is amended to read:
377.787. (1) The Travel Information Council may enter into
contractual or other agreements with other governmental agencies
of this state or an independent contractor to study various ways
of providing information deemed necessary to the
{ - motoring - } { + traveling + } public by signs,
information centers or other means. The council may also enter
into contractual or other agreements with other governmental
agencies of this state or an independent contractor for the
construction of experimental signs or displays to provide
information deemed necessary to the { - motoring - } { +
traveling + } public.
(2) Notwithstanding any other provisions of ORS 377.700 to
377.840, the Travel Information Council shall institute logo sign
and motorist informational sign programs on the state highway
system and adopt any rules necessary to carry out such programs.
SECTION 21. ORS 377.505 is amended to read:
377.505. As used in ORS 377.505 to 377.540:
{ - (1) 'Public highway' means the entire width between the
boundary lines of every state highway as defined in ORS
366.005. - }
Enrolled House Bill 2273 (HB 2273-A) Page 17
{ + (1) 'State highway' has the meaning given that term in
ORS 377.710. + }
(2) 'Scenic area' means an area adjacent to or along a segment
of a { - public - } { + state + } highway that is within a
federal or state park, is a site of historical significance or
affords a view of unusual natural beauty, and has been
established as a scenic area under the provisions of ORS 377.505
to 377.545 (1975 Replacement Part).
SECTION 22. ORS 377.510 is amended to read:
377.510. (1) { - No sign which - } { + A sign that + } is
visible from a
{ - public - } { + state + } highway { - shall - }
{ + may not + } be erected or maintained in an area
{ - which - } { + that + } has been established by final order
as a scenic area except:
{ - (a) Directional or other official signs or notices. - }
{ - (b) Signs advertising the sale or lease of the property
upon which they are located. - }
{ - (c) Signs advertising only the name or nature of the
business being conducted on, or the products, facilities, goods
or services being sold, supplied or distributed on or from the
premises on which the signs are located. - }
{ + (a) Traffic control signs or devices.
(b) Signs other than outdoor advertising signs, as defined in
ORS 377.710. + }
{ - (d) - } { + (c) + } Signs approved by the Director of
Transportation, or the authorized representative of the director,
erected and maintained by a public utility or telecommunications
utility for the purpose of giving warning of the location of an
underground cable or other installations.
{ - (e) - } { + (d) + } Signs identifying incorporated or
unincorporated communities, erected in compliance with ORS
377.715 and 377.756 to 377.758, that are designed to complement
the scenic quality of the area in which { - they - } { + the
signs + } are erected. Signs located in snow zones may be more
than eight feet in height to compensate for snow if approved by
the director.
(2) Unless adequately screened as provided in ORS 377.620
(3)(a) or unless located within a zoned industrial area, no
junkyard shall be established which is visible from a
{ - public - } { + state + } highway where the area immediately
adjacent to the { - public - } { + state + } highway has been
established by final order as a scenic area.
SECTION 23. ORS 366.455 is amended to read:
366.455. The Department of Transportation may take down and
remove from the right of way of any state highway { - or from
private property adjoining the highway any advertising sign - }
{ + any sign + } or other structure or thing erected or
maintained thereon contrary to law. When removing { - such
sign, thing or structure - } { + a sign or other structure or
thing + } the department shall follow and comply with the legal
or statutory procedure provided by law.
SECTION 24. ORS 377.620 is amended to read:
377.620. (1) Except as provided in subsection (3) of this
section, no junkyard in existence on June 30, 1967, may be
maintained after June 30, 1967, within 1,000 feet of the nearest
edge of the right of way of:
(a) The Interstate System.
(b) The federal-aid primary system.
Enrolled House Bill 2273 (HB 2273-A) Page 18
(c) Other state highways, unless permitted by the Director of
Transportation and subject to rules adopted by the director.
(2) Except as provided in subsection (3) of this section, no
junkyard shall be established after June 30, 1967, within 1,000
feet of the nearest edge of the right of way of any state highway
or which is visible from any { - public - } { + state + }
highway, as defined by ORS 377.505, where the area immediately
adjacent to the { - public - } { + state + } highway retains
designation as a scenic area pursuant to ORS 377.521.
(3) Except as provided in ORS 377.510 relating to location of
junkyards within or adjacent to designated scenic areas, this
section does not prohibit the establishment or maintenance along
state highways of the following junkyards:
(a) Junkyards that are hidden or adequately screened by the
terrain or other natural objects, or by plantings, fences, or
other appropriate means so as not to be visible from the main
traveled way of the state highway, in accordance with regulations
promulgated by the director.
(b) Junkyards located in zoned industrial areas.
(4) No owner or operator of a junkyard shall place any junk on
a state highway right of way.
SECTION 25. ORS 377.800 is amended to read:
377.800. { + (1) + } For the convenience and information of
the traveling public, a person may upon obtaining a permit
therefor display messages as may be allowed by rule adopted by
the Travel Information Council for the particular type of sign on
a motorist informational sign, tourist oriented directional sign
{ - , - } { + or + } logo sign or at a sign plaza { + or
travel plaza + }.
{ + (2) The Travel Information Council may not erect a travel
plaza on public lands without first obtaining consent from the
agency that owns the land. + }
SECTION 26. { + (1) There is created the Sign Task Force on
outdoor signs, consisting of 13 members appointed as follows:
(a) The President of the Senate shall appoint one member from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
(c) The Governor shall appoint one representative from the
Department of Transportation.
(d) The Attorney General shall appoint one member.
(e) The Director of Transportation shall appoint three
representatives from the outdoor sign industry holding 300 or
more outdoor sign permits and relocation credits combined.
(f) The director shall appoint three representatives from the
outdoor sign industry holding fewer than 300 outdoor sign permits
and relocation credits combined.
(g) The director shall appoint one representative from an
organization that promotes scenic values.
(h) The director shall appoint one representative who is a
landowner and who receives compensation from outdoor advertising
companies.
(i) The director shall appoint one representative from an
advertising agency that does business with outdoor advertising
companies in this state.
(2) The task force shall examine:
(a) Permitting of tri-vision signs;
(b) Ownership, use and other issues regarding relocation
credits;
(c) Emerging technologies in the outdoor sign industry;
Enrolled House Bill 2273 (HB 2273-A) Page 19
(d) Increasing the penalties for violation of outdoor sign
regulations;
(e) Just compensation related to required removal of outdoor
advertising signs; and
(f) Any other issues relating to the regulation of the outdoor
sign industry the task force determines is appropriate.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(8) The task force shall have its first meeting on or before
the later of 30 days after adjournment sine die of the regular
session of the Seventy-fourth Legislative Assembly or July 31,
2007.
(9) The task force may adopt rules necessary for the operation
of the task force.
(10) The task force shall submit a report, and may include
recommendations for legislation, to an interim committee related
to transportation as appropriate no later than November 1, 2008.
(11) The Department of Transportation shall provide staff
support to the task force.
(12) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses incurred in performing functions of the task force shall
be paid out of funds appropriated to the department for that
purpose.
(13) All agencies of state government, as defined in ORS
174.111, are directed to assist the task force in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
SECTION 27. { + Section 26 of this 2007 Act is repealed on the
date of the convening of the next regular biennial legislative
session. + }
SECTION 28. { + ORS 377.726 and 377.727 are repealed. + }
SECTION 29. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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Enrolled House Bill 2273 (HB 2273-A) Page 20
Passed by House May 1, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 17, 2007
...........................................................
President of Senate
Enrolled House Bill 2273 (HB 2273-A) Page 21
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2273 (HB 2273-A) Page 22