75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3387
 
                           A-Engrossed
 
                         Senate Bill 607
                   Ordered by the Senate May 1
             Including Senate Amendments dated May 1
 
Sponsored by Senator HASS (at the request of Oregon State
  Federation of Garden Clubs Inc. and Oregon Roadside Council)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Prohibits use of certain lighting on signs viewed by
traveling public on certain highways. Directs local government to
impose fines for violation. - }
   { +  Provides that city or county may not prohibit replacement
of existing outdoor advertising sign if sign meets specified
criteria.
  Prohibits Department of Transportation from issuing permit to
replace sign unless person seeking permit submits certification
by city or county that sign complies with criteria. + }
 
                        A BILL FOR AN ACT
Relating to outdoor advertising signs; creating new provisions;
  and amending ORS 377.723.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of ORS 377.700 to 377.840. + }
  SECTION 2.  { + Notwithstanding ORS 377.740, a city or county
may not prohibit a person from replacing an existing outdoor
advertising sign in the same location if:
  (1) The existing outdoor advertising sign has a permit issued
under ORS 377.725;
  (2) The existing outdoor advertising sign was erected before
the effective date of this 2009 Act;
  (3) The outdoor advertising sign replacing the existing sign is
erected within one year from the date the existing sign was
removed; and
  (4) The outdoor advertising sign replacing the existing sign:
  (a) Is no larger than the existing sign;
  (b) Uses substantially similar materials or construction as the
existing sign;
  (c) Uses the same technology as the existing sign;
  (d) Is the same height as the existing sign; and
  (e) Has the same orientation as the existing sign. + }
  SECTION 3. ORS 377.723 is amended to read:
  377.723. Notwithstanding any other provision of ORS 377.700 to
377.840, the Department of Transportation   { - shall - }  { +
may + } not issue a permit under ORS 377.725 or 377.767 unless
the applicant for the permit submits affidavits that meet the
following requirements:
  (1) The applicant must submit an affidavit from each city or
county that would have jurisdiction over the proposed sign.
  (2) Each affidavit must contain a certification by the
respective city or county that the proposed sign would comply
with all applicable ordinances, plans, rules and other
requirements of the city or county { +  or that the sign would
comply with the provisions of section 2 of this 2009 Act + }.
  (3) Each affidavit must be on a form prepared by the
department.
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