75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to SB 689
 
LC 3331/SB 689-9
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 689
 
           By COMMITTEE ON BUSINESS AND TRANSPORTATION
 
                            April 24
 
  On page 1 of the printed bill, line 24, after 'of' insert '
ORS'.
  On page 2, line 2, delete '100' and insert '249'.
  In line 3, after the period delete the rest of the line and
delete lines 4 through 45 and delete page 3 and insert 'After the
relocation credits are combined, the Department of Transportation
shall cancel the smaller relocation credits used to create the
combined relocation credit. The first time an owner uses a
combined relocation credit, the combined relocation credit is not
restricted by the provisions of ORS 377.767 (4).
  '  { +  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) '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.
  ' (3) 'Council' means the Travel Information Council created by
ORS 377.835.
  ' (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.
  ' (5) 'Department' means the Department of Transportation.
  ' (6) 'Director' means the Director of Transportation.
  ' (7) 'Display surface' means the area of a sign available for
the purpose of displaying a message.
  ' (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.
  ' (9) 'Erect' means to construct, build, assemble, place,
affix, attach, create, paint, draw or in any way bring into being
or establish.
  ' (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 on the National Highway System.
  ' (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.
  ' (12) 'Governmental unit' means the federal government, the
state, or a city, county or other political subdivision or an
agency thereof.
  ' (13) 'Interstate highway' or 'interstate system' means every
state highway that is a part of the National System of Interstate
and Defense Highways established pursuant to section 103(c),
title 23, United States Code.
  ' (14) 'Logo' means a symbol or design used by a business as a
means of identification of its products or services.
 
  ' (15) 'Logo sign' means a sign located on highway right of way
on which logos for gas, food, lodging and camping are mounted.
  ' (16) 'Maintain' includes painting, changing 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 keep the sign in a neat, clean,
attractive and safe condition, and allowing the sign to exist.
  ' (17) 'Main traveled way' means the through traffic lanes,
exclusive of frontage roads, auxiliary lanes and ramps.
  ' (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.
  ' (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.
  ' (20) 'Outdoor advertising sign' means:
  ' (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
display of the sign or for the right to place the sign on
another's property.
  ' (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.
  ' (22) 'Reconstruct' means replacing a sign totally or
partially destroyed, changing its overall height or performing
any work, except maintenance work, that alters or changes a sign
that lawfully exists under ORS 377.700 to 377.840.
  ' (23) 'Relocate' includes, but is not limited to removing a
sign from one site and erecting a new sign upon another site as a
substitute therefor.
  '  { +  (24) 'Relocation credit' means a credit for future
relocation of a permitted outdoor advertising sign issued in lieu
of a relocation permit under ORS 377.767.
  ' (25) 'Relocation permit' means a permit to relocate a sign
under ORS 377.767, whether issued in a lieu of a current sign
permit or a relocation credit. + }
  '  { - (24) - }  { +  (26) + } '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.
  '  { +  (27) 'Scenic byway' means a state highway or portion of
a state highway designated as part of the scenic byway system by
the Oregon Transportation Commission or Federal Highway
Administration of the United States Department of
Transportation. + }
  '  { - (25) - }  { +  (28) + } 'Secondary highway' means any
state highway other than an interstate highway or primary
highway.
 
  '  { - (26)(a) - }  { +  (29)(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.
  ' (b) 'Sign' includes the sign structure, display surface and
all other component parts of a sign.
  ' (c) When dimensions of a sign are specified, 'sign ' includes
panels and frames and both sides of a sign of specified
dimensions or area.
  '  { - (27) - }  { +  (30) + } 'Sign area' means the overall
dimensions of all panels capable of displaying messages on a sign
structure.
  '  { - (28) - }  { +  (31) + } '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.
  '  { - (29) - }  { +  (32) + } 'Sign rules for protected areas'
means rules adopted by the department applicable to signs
displayed within protected areas.
  '  { - (30) - }  { +  (33) + } 'Sign structure' or 'structure'
means the supports, uprights, braces, poles, pylons, foundation
elements, framework and display surfaces of a sign.
  '  { - (31) - }  { +  (34) + } '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 interstate system and the
federal-aid primary system.
  '  { - (32) - }  { +  (35) + } '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.
  '  { - (33) - }  { +  (36) + } '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) - }  { +  (37) + } '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.
  '  { - (35) - }  { +  (38) + } 'Tri-vision sign' means 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.
  '  { - (36) - }  { +  (39) + } '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.
  '  { - (37) - }  { +  (40) + } 'Visible' means capable of being
seen without visual aid by a person of normal visual acuity,
whether or not legible from the main traveled way of any state
highway.'.
  On page 4, delete lines 1 through 25.
                         ----------