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 3397
 
                         Senate Bill 927
 
Sponsored by Senator BOQUIST (at the request of Yamhill County)
 
 
                             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 as
introduced.
 
  Allows Travel Information Council to issue tourist oriented
directional signs to community service organizations and
religious institutions.
  Prohibits council from requiring businesses, religious
institutions or community service organizations to have restrooms
or drinking water for public or to maintain certain number of
operating hours in order to qualify for tourist oriented
directional sign permit.
 
                        A BILL FOR AN ACT
Relating to tourist oriented directional signs; amending ORS
  377.710 and 377.820.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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) '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.
  (25) 'Secondary highway' means any state highway other than an
interstate highway or primary highway.
 
  (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.
  (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) 'Sign area' means the overall dimensions of all panels
capable of displaying messages on a sign structure.
  (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.
  (29) 'Sign rules for protected areas' means rules adopted by
the department applicable to signs displayed within protected
areas.
  (30) 'Sign structure' or 'structure' means the supports,
uprights, braces, poles, pylons, foundation elements, framework
and display surfaces of a sign.
  (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
interstate system and the federal-aid primary system.
  (32) 'Tourist oriented directional sign' means a sign erected
on state highway right of way to provide   { - business - }
identification  { + of businesses, religious institutions and
community service organizations + } and directional information
for services and activities of interest to tourists.
  (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.
  (35) '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) '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) '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 2. ORS 377.820 is amended to read:
  377.820. (1) An application for a tourist oriented directional
sign, logo sign or a motorist informational sign permit shall be
submitted to the Travel Information Council on a form prescribed
by the council. The application shall set forth the name and
address of the applicant; the name, nature and location of the
business { + , religious institution or community service
organization + } or activity; the location where a tourist
oriented directional sign, logo sign or a motorist informational
sign is desired; and such other information as the council may
require. The applicant shall tender with the application the
permit fee required under ORS 377.825 for each sign requested.
  (2) Upon receipt of an application for a tourist oriented
directional sign, logo sign or a motorist informational sign, the
council shall refer the application to the Department of
Transportation. Upon receipt of the application the department
shall do all the following:
  (a) Notify any city in which a sign is proposed to be located
of the proposed location and composition of the sign and seek
comments from the city.
  (b) Investigate the facts and make a report to the council with
its recommendations thereon.
  (c) Not recommend approval of an application unless the
requested location conforms to the requirements prescribed by the
council under ORS 377.805 and, if applicable, unless the
applicant is complying with all statutes and rules of the State
Health Officer regarding restaurants and places of public
accommodation.
  (d) Notify the council promptly in writing of the results of
its investigation and its recommendations and the reasons for any
recommended disapproval.
  (3) { + (a) + } If the council approves the application it
shall issue the permit and forward the original to the applicant
and a copy thereof to the Director { +  of Transportation + }. If
it is not approved, the council shall return the application and
fee, stating the reasons for disapproval and giving the applicant
opportunity to correct any defects or to be heard within 30 days
by the council and to present evidence, with or without counsel
at the applicant's discretion. Upon written request, the council
shall hear the matter and notify the applicant of its findings
and decision. The applicant may then appeal in the manner
provided by ORS chapter 183.
   { +  (b) The council may not require a business, religious
institution or community service organization to have restrooms
or drinking water available to the public or to maintain a
minimum number of operating hours in order to qualify for a
permit under this section. + }
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