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 3331
A-Engrossed
Senate Bill 689
Ordered by the Senate April 24
Including Senate Amendments dated April 24
Sponsored by Senator METSGER, Representative READ (at the request
of Sign Task Force)
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.
Directs Department of Transportation to administer program to
encourage removal of outdoor advertising signs from particularly
scenic areas of scenic byways.
Allows owner of relocation credit to combine relocation credits
for outdoor advertising signs in certain circumstances. { +
Provides that use of combined relocation credit is exempt from
certain restrictions on relocating signs first time owner
uses. + }
Defines { - ' relocation credit' - } { + ' relocation
credit, ' ' relocation permit' + } and 'scenic byway. '
Increases civil penalties for certain violations of Oregon
Motorist Information Act.
A BILL FOR AN ACT
Relating to highways; creating new provisions; amending ORS
377.710, 377.725, 377.765, 377.767, 377.768, 377.780 and
377.992; and repealing ORS 377.766.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2009 Act are added to
and made a part of ORS 377.700 to 377.840. + }
SECTION 2. { + (1) The Department of Transportation shall
administer an incentive program to encourage voluntary removal of
outdoor advertising signs from particularly scenic areas of
scenic byways.
(2) An owner of an outdoor advertising sign that is visible
from a scenic byway may apply to the department for participation
in the incentive program. The sign and permit must meet the
requirements of ORS 377.700 to 377.840 to qualify for relocation.
A sign that is a nonconforming sign for a defect that cannot be
remedied upon reconstruction at the same location does not
qualify for the incentive program.
(3) If the department determines that the sign is in a
particularly scenic area of a scenic byway, the department shall
notify the owner that the sign qualifies for the incentive
program. If the owner chooses to remove the sign, the owner shall
notify the department of the date by which the owner will remove
the sign. The removal date must be not later than 90 days after
the department's notification.
(4) The department shall issue two relocation credits to the
owner in exchange for the removal of a qualified sign. If the
owner also submits an application for relocation of the sign and
permit under ORS 377.767, the department may issue the relocation
permit and one relocation credit. Any relocation credit or
relocation permit issued under the incentive program is subject
to all the requirements of ORS 377.700 to 377.840.
(5) The department shall adopt rules to establish standards to
determine whether a sign is in a location that is particularly
scenic such that it qualifies for the incentive program. + }
SECTION 3. { + The Department of Transportation shall issue a
relocation credit upon the owner's request if a sign is removed,
the owner has lost the lease for that sign site and the sign and
permit meet the requirements of ORS 377.700 to 377.840. + }
SECTION 4. { + The owner of a relocation credit may combine
relocation credits for outdoor advertising signs that have 249
square feet or less of display surface on one side to form a
single relocation credit. 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.
SECTION 6. ORS 377.725 is amended to read:
377.725. (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 who applies for a permit to the Director of
Transportation shall complete 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 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 may not be issued for an outdoor advertising 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 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 may not be prorated
for a fraction of a year or be refunded if the outdoor
advertising sign is removed.
(7) The display surface of 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 on the opposite side of an existing,
conforming sign under permit, that is no larger than the existing
display surface.
(9) The director shall require removal of a sign or shall
cancel a permit and require removal of 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 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, sod, fencing, 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 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) 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 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 ORS 377.766 - } .
(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 plate to the sign 180 days after the date of
issuance of the permit.
(12) The director shall assign a permit plate with an
identification number to the permit issued for an outdoor
advertising sign. The permittee shall attach the permit plate to
the outdoor advertising sign so 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, 377.753 and
377.765, no permits shall be issued for the erection of any new
outdoor advertising sign after May 30, 2007.
(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 7. ORS 377.765 is amended to read:
377.765. (1) Outdoor advertising signs in existence on May 30,
2007, and lawfully located within commercial or industrial zones
in existence on May 30, 2007, and outdoor advertising signs
visible from a road or street that is designated as a state
highway after May 30, 2007, and lawfully located within a
commercial or industrial zone at the time 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 may
not be relocated unless a relocation permit has been issued
pursuant to ORS 377.767. A permit may not be issued to relocate
an outdoor advertising sign that was not lawfully in existence on
May 30, 2007, except that outdoor advertising signs that are
visible from a road or street that is designated as a state
highway after May 30, 2007, 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.
(2) All outdoor advertising signs that are lawfully located
outside of a commercial or industrial zone and visible from an
interstate highway or a primary highway shall be removed 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 advertising sign
located in a scenic area designated pursuant to ORS 377.505 to
377.540.
{ - (4) Where an outdoor advertising sign was reconstructed
under a waiver, upon payment of just compensation for that
portion of the value that is not covered by the waiver, the
department may remove the outdoor advertising sign. - }
{ - (5) - } { + (4) + } Outdoor advertising signs in
existence on May 30, 2007, 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. 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 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, 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) - } { + (5) + } 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.
{ - (8) - } { + (6) + } 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.
{ - (9) - } { + (7) + } 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 is subject to subsection { - (5) - } { + (4) + }
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 8. ORS 377.767 is amended to read:
377.767. A permit or a relocation credit { - as defined in
ORS 377.766 - } shall be issued for the relocation of a
permitted outdoor advertising sign lawfully located within a
commercial or industrial zone in existence on May 30, 2007, if
the site lease for the sign is terminated for any reason. The
existing outdoor advertising sign may be relocated 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 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,
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 ORS 377.700 to 377.840 if 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 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) - } If an outdoor advertising sign is relocated
within a commercial or industrial zone 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.
{ - (b) - } For purposes of this subsection, 'developed
commercial or industrial area' 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) 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 May 30, 2007, as measured along public streets,
roads or highways between that site and the proposed new site.
For relocation credits that exist as of May 30, 2007, 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 { + the + } proposed new site.
(5) Outdoor advertising signs may not be relocated to a { +
scenic byway + } { - 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 outdoor advertising sign being relocated is
relocated as a tri-vision sign, the applicant shall obtain three
equivalent permits or relocation credits 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 9. ORS 377.768 is amended to read:
377.768. Notwithstanding ORS 377.700 to 377.840:
(1) Issuance of a permit under ORS 377.767 to relocate an
outdoor advertising sign for which a permit has been issued under
ORS 377.725 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.
(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 180 days after the issuance of the
permit for relocation, the director shall cancel the original
permit.
(b) Cancels the permit for relocation because the relocation of
the outdoor advertising sign is not completed within 180 days as
required under ORS 377.725, the director shall reinstate the
original permit for the sign to the person whose permit for
relocation of the sign is canceled.
(3) A permit that is 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 ORS 377.766 issued
prior to May 30, 2007, and not yet used as of May 30, 2007, are
valid subject to ORS 377.767. - }
SECTION 10. 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) - } { + (4) + }, upon
removal, the department shall pay just compensation.
(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.
The department shall pay just compensation for:
(a) The taking from the owner of such lawfully 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 11. ORS 377.992 is amended to read:
377.992. (1)(a) A person who violates any provision of ORS
377.510 { + (1) + } or 377.700 to 377.840 or any regulation of
the Travel Information Council adopted pursuant thereto is
subject to a civil penalty of up to { - $100 - }
{ + $1,000 + } per day for each day of violation { + , or the
amount of gross revenues earned for the sign during the period of
time the violation continues, whichever is greater + }.
{ - Except as otherwise provided in paragraph (b) of this
subsection, the maximum penalty under this subsection for a
violation is $3,000 per sign. - }
{ - (b) A person who violates ORS 377.725 is subject to a
civil penalty of up to $100 per day for each day of violation, up
to a maximum amount established by the Department of
Transportation by rule. - }
{ - (c) Civil penalties under this subsection shall be
imposed in the manner provided by ORS 183.745. - }
{ + (b) The department shall adopt rules to develop a
decision matrix to be used in determining the amount of the civil
penalty imposed under this subsection. The matrix must take into
account the nature of the violation committed, the number of
violations committed and any other factors the department
determines necessary. + }
(2) Violation of the conditions and provisions of a permit
procured under ORS 377.050 by any person having procured the
permit is punishable, upon conviction, by a { - fine - }
{ + civil penalty + } of not more than $100 { - , or
imprisonment in the county jail for not more than 30 days or
both - } .
(3) Violation of ORS 377.030 to 377.050, 377.510 { + (2) + },
377.620 (2) or 377.635 is punishable, upon conviction, by a
{ - fine - } { + civil penalty + } of not more than $100
{ - , or imprisonment in the county jail for not more than 30
days, or both - } .
{ + (4) Civil penalties under this section shall be imposed
in the manner provided by ORS 183.745. + }
SECTION 12. { + ORS 377.766 is repealed. + }
SECTION 13. { + The amendments to ORS 377.992 by section 11 of
this 2009 Act apply to violations occurring on or after the
effective date of this 2009 Act. + }
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