Chapter 377 — Highway
Beautification; Motorist Information Signs
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were added by
legislative action to this ORS chapter or to a series within this ORS chapter
by the Legislative Assembly during its 2012 regular session. See sections in
the following 2012 Oregon Laws chapters: 2012
Session Laws 0063
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0063
2011 EDITION
HIGHWAY BEAUTIFICATION; MOTORIST SIGNS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
TREES
377.030 Destruction
or removal of trees on state highways without permission prohibited
377.040 Application
to department to remove trees along state highways
377.050 Consent
of department for removal of trees along state highways
HISTORIC AND SCENIC HIGHWAYS
377.100 Study
of highway system; designation of historic and scenic highways
377.105 Effect
of designation as historic and scenic highway
SCENIC AREAS
377.505 Definitions
for ORS 377.505 to 377.540
377.510 Signs
visible from state highways regulated; junkyards prohibited; exceptions
377.515 Removal
of nonconforming signs deferred
377.521 Status
of previously designated scenic areas
377.540 Director
of Transportation to enforce orders and render administrative assistance
JUNKYARDS
377.605 Definitions
for ORS 377.605 to 377.655
377.610 Public
policy on junkyards
377.615 Director’s
authority to promulgate regulations, enter into agreements with federal
government
377.620 Restrictions
on maintaining or establishing junkyard along highway
377.625 Screening
junkyard located in restricted area
377.630 Removing
junkyard from restricted area
377.635 Junkyard
in violation of restrictions declared a public nuisance; authority to abate;
when junk placed on state highway right of way
377.640 Acquisition
of land necessary to screen or relocate junkyards
377.645 Expenditure
of moneys to screen or relocate junkyards prior to availability of federal
matching funds
DISPOSAL OF PROPERTY
377.650 Personal
property on state highway
377.653 Personal
property under state highway bridge; rules
377.655 Rules
for removal and disposition of signs and property in violation of ORS 377.650
MOTORIST INFORMATION SIGNS
(General Provisions)
377.700 Short
title
377.705 Policy
377.707 Identifying
location of signs on construction plans; repair or replacement of damaged signs
377.708 Effect
on certain signs of transfer of jurisdiction over state highway
377.710 Definitions
for ORS 377.700 to 377.840; rules
377.712 Issuance
of permits for certain preexisting signs
(Signs, Generally)
377.715 Application
of ORS 377.700 to 377.840; prohibition against erection or maintenance of
certain signs not in compliance with law
377.720 Prohibited
signs; exceptions
377.723 Affidavit
of city or county necessary for issuance of sign permit; requirements of
affidavit
377.725 Permit;
application; fee; cancellation; rules
377.729 Fees
for sign permits and business licenses; rules
377.730 License
for business of maintaining or erecting signs; fee; application; revocation;
suspension
377.735 Exemptions
from sign permit requirements; historic signs; rules
377.737 Giving
or receiving compensation or value for signs; rules
377.740 ORS
377.700 to 377.840 not intended to authorize signs prohibited by other
governmental units
377.745 Limitation
on form and size of signs
377.750 Spacing
between signs
377.753 Permits
for outdoor advertising signs; rules
377.756 Permits
for signs erected by city or unincorporated community
377.757 Requirements
for signs authorized by ORS 377.756; payment of cost of sign
377.758 Notification
by federal authorities of illegal sign; consequences
377.759 Issuance
of relocation credits for removal of outdoor advertising signs from scenic
byway; rules
377.762 Issuance
of relocation credits for removal of sign
377.763 Consolidation
of relocation credits
377.765 Status
of previously existing signs; removal upon payment of compensation
377.767 Relocation
of existing outdoor advertising sign; conditions
377.768 Effect
of relocation permit on existing sign permit; duty of director
377.770 Signs
in protected, commercial or industrial areas
377.773 When
sign abandoned; removal
377.775 Removal
procedure for noncomplying signs; ownership issues at hearing; disposition of
removed signs; costs of removal
377.777 Action
to enjoin person from violation of ORS 377.700 to 377.840
377.780 Removal
of outdoor advertising signs; payment of compensation; value determinations
377.787 Contracts
to study traveler information needs; council to establish sign programs; rules
377.790 Construction,
maintenance and operation of tourist and motorist informational signs
377.795 Allocation
of costs of telephone informational system; webpage fee; disposition of
receipts
377.800 Tourist
and motorist informational signs; logo signs; sign and travel plazas
377.805 Form
of tourist and motorist informational signs; use of logo signs
377.820 Application
for tourist or motorist informational sign permit; investigation; disposition
377.825 Fees
for sign applications, maintenance costs and reinstallation
377.830 Limitation
on motorist informational sign permits; use of logo signs
(Digital Billboards)
377.831 Application
for digital billboard permit
377.833 Public
notifications
(Administration)
377.835 Creation
of Travel Information Council as semi-independent state agency; members;
qualifications; appointment; terms; chairperson; quorum; rules
377.836 Application
of certain statutes to Travel Information Council
377.838 Authority
of director of Travel Information Council
377.840 Travel
Information Council account; budget process; disposition of moneys received
377.845 Use
of funds by Department of Transportation after repayment of highway fund
PENALTIES
377.992 Penalties;
rules
377.010 [Amended
by 1959 c.382 §1; repealed by 1981 c.153 §79]
377.020
[Repealed by 1981 c.153 §79]
TREES
377.030 Destruction or removal of trees on
state highways without permission prohibited. No
person shall dig up, cut down, injure, destroy or in any manner remove any
trees growing upon the right of way of any state highway without first
procuring the written consent of the Department of Transportation.
377.040 Application to department to
remove trees along state highways. Whenever any
person, firm or corporation, including any public, municipal or private
corporation and any privately or publicly owned utility or cooperative
association, desires to dig up, cut down, injure, destroy or in any manner
remove any trees growing upon the right of way of any state highway, such
person shall file with the Department of Transportation an application in
writing, setting forth the reasons and purpose for the removal or destruction
of the trees.
377.050 Consent of department for removal
of trees along state highways. (1) Upon the
filing of the application mentioned in ORS 377.040 the Department of
Transportation may, if in its judgment and discretion the destruction or
removal of the trees will not mar or in any way affect the scenic beauty of or
otherwise harm, injure or affect the highway, issue a permit authorizing the
cutting down, digging up, removal or destruction of the trees under such
conditions and in such manner as the department may in such permit designate.
(2)
Such permits may be granted when it becomes necessary to cut or remove brush
and tree growth which otherwise would be hazardous to the operation or
maintenance of lines for the transmission of electric energy or communication,
or which would impair the efficiency of the service of such lines to the public,
but such cutting or removal shall be done in such manner as not substantially
to impair the scenic beauty of the highway.
HISTORIC AND SCENIC HIGHWAYS
377.100 Study of highway system;
designation of historic and scenic highways. The
Oregon Transportation Commission shall conduct a study of the historic, scenic
and cultural values of the state highway system. The study required by this
subsection is subject to the following:
(1)
In developing the study the commission shall appoint a volunteer citizen
advisory committee to advise the commission on the study.
(2)
The study shall identify and evaluate areas of the state highway system for
their historic, recreational or scenic significance.
(3)
The study shall designate highways, portions of highways or highway related
structures as historic and scenic highways. [1983 c.552 §1; 1985 c.260 §1]
377.105 Effect of designation as historic
and scenic highway. When a highway, portion of a
highway or highway related structure is designated as an historic and scenic
highway under ORS 377.100, the Oregon Transportation Commission and the
Department of Transportation:
(1)
Shall provide for the rehabilitation, restoration, maintenance and preservation
of those features of the highway or structure that have historical,
engineering, recreational, scenic or tourist related significance, whenever
prudent and feasible.
(2)
May consult with the State Historic Preservation Officer, state historic
organizations and other appropriate groups or organizations to determine how to
best rehabilitate, restore, maintain and preserve the significant features of
the highway or structure.
(3)
In all highway planning and funding considerations, shall provide for the
continuance of the significant features of the highway or structure, whenever
prudent and feasible.
(4)
As the commission determines appropriate, may arrange for and provide for
posting of signs, consistent with ORS 377.700 to 377.840, 810.200 and 810.210,
to inform the traveling public of the location and significant features of the
highway or structure.
(5)
Shall not dismantle, destroy, abandon, significantly transform or sell the
highway or structure or any portion thereof or take any other action that will
adversely affect the preservation of the highway or structure as an historic
and scenic highway when it is prudent or feasible not to take such action.
(6)
May provide for bypass highways to divert damaging traffic from use of the
highway or structure or provide other means of limiting or diverting use of the
highway or structure by damaging traffic.
(7)
Are directed to seek and may accept and use for the purposes of this section
and ORS 377.100 contributions, gifts, grants and moneys from any source, public
or private.
(8)
May hold hearings that have been given appropriate public notification before
any significant action is taken relating to a highway, portion of a highway or
highway related structure that is so designated.
(9)
Shall consider aesthetics and environmental effects when the only alternative
to rehabilitation or restoration is to replace a portion of a highway or
highway related structure so designated. [1983 c.552 §2; 1985 c.16 §461; 1985
c.260 §2]
377.110 [1955
c.541 §1; repealed by 1959 c.309 §22]
377.115 [1959
c.309 §1; 1965 c.219 §1; repealed by 1971 c.770 §31]
377.120 [1955
c.541 §2; repealed by 1959 c.309 §22]
377.125 [1959
c.309 §2; 1963 c.400 §1; 1965 c.219 §2; repealed by 1971 c.770 §31]
377.130 [1955
c.541 §3; repealed by 1959 c.309 §22]
377.135 [1959
c.309 §3; 1965 c.219 §3; repealed by 1971 c.770 §31]
377.140 [1955
c.377 §14; 1959 c.94 §1; repealed by 1959 c.309 §22]
377.145 [1959
c.309 §4; 1965 c.219 §4; repealed by 1971 c.770 §31]
377.150 [1955
c.541 §4; repealed by 1959 c.309 §22]
377.155 [1959
c.309 §5; 1965 c.219 §5; repealed by 1971 c.770 §31]
377.160 [1955
c.541 §5; repealed by 1959 c.309 §22]
377.165 [1959
c.309 §6; repealed by 1971 c.770 §31]
377.170 [1955
c.541 §15; repealed by 1959 c.309 §22]
377.175 [1959
c.309 §7; 1965 c.219 §6; repealed by 1971 c.770 §31]
377.178 [1965
c.219 §13; repealed by 1971 c.770 §31]
377.180 [1955
c.541 §6; repealed by 1959 c.309 §22]
377.181 [1961
c.615 §13; 1965 c.219 §7; repealed by 1971 c.770 §31]
377.185 [1959
c.309 §8; 1961 c.615 §9; 1965 c.219 §8; repealed by 1971 c.770 §31]
377.190 [1955
c.541 §7; repealed by 1959 c.309 §22]
377.195 [1959
c.309 §9; 1961 c.615 §10; 1965 c.219 §9; repealed by 1971 c.770 §31]
377.200 [1955
c.541 §8; repealed by 1959 c.309 §22]
377.205 [1959
c.309 §10; 1961 c.615 §11; repealed by 1965 c.219 §10 (377.206 enacted in lieu
of 377.205)]
377.206 [1965
c.219 §11 (enacted in lieu of 377.205); repealed by 1971 c.770 §31]
377.210 [1955
c.541 §9; repealed by 1959 c.309 §22]
377.215 [1959
c.309 §11; 1963 c.400 §2; 1965 c.219 §14; repealed by 1971 c.770 §31]
377.220 [1955
c.541 §10; repealed by 1959 c.309 §22]
377.225 [1959
c.309 §12; 1963 c.400 §3; 1965 c.219 §15; repealed by 1971 c.770 §31]
377.230 [1955
c.541 §11; repealed by 1959 c.309 §22]
377.235 [1959
c.309 §13; 1963 c.400 §4; 1965 c.219 §16; repealed by 1971 c.770 §31]
377.240 [1955
c.541 §12; repealed by 1959 c.309 §22]
377.245 [1959
c.309 §14; 1963 c.400 §5; 1965 c.219 §17; repealed by 1971 c.770 §31]
377.250 [1955
c.541 §16; repealed by 1959 c.309 §22]
377.255 [1959
c.309 §15; 1961 c.615 §14; 1963 c.400 §6; 1965 c.219 §18; repealed by 1971
c.770 §31]
377.260 [1955
c.541 §18; repealed by 1959 c.309 §22]
377.265 [1959
c.309 §16; 1963 c.400 §7; 1965 c.219 §19; repealed by 1971 c.770 §31]
377.270 [1955
c.541 §17; repealed by 1959 c.309 §22]
377.275 [1959
c.309 §17; 1963 c.400 §8; 1965 c.219 §20; repealed by 1971 c.770 §31]
377.280 [1955
c.541 §13; 1957 c.465 §2; repealed by 1959 c.309 §22]
377.285 [1959
c.309 §18; 1961 c.615 §15; 1963 c.400 §9; 1965 c.219 §21; repealed by 1971
c.770 §31]
377.295 [1959
c.309 §19; 1963 c.400 §10; 1965 c.219 §22; repealed by 1971 c.770 §31]
377.305 [1959
c.309 §20; 1963 c.400 §11; repealed by 1971 c.770 §31]
377.310
[Repealed by 1953 c.335 §1]
377.320
[Repealed by 1953 c.335 §1]
377.330
[Repealed by 1953 c.335 §1]
377.340
[Repealed by 1971 c.770 §31]
377.350
[Repealed by 1971 c.770 §31]
377.360
[Amended by 1957 c.663 §3; repealed by 1971 c.770 §31]
377.405 [1961
c.615 §1; 1963 c.400 §12; repealed by 1971 c.770 §31]
377.410 [1961
c.615 §5; 1963 c.400 §13; repealed by 1971 c.770 §31]
377.415 [1961
c.615 §§7,16; repealed by 1971 c.770 §31]
377.420 [1961
c.615 §§2,4; repealed by 1971 c.770 §31]
377.425 [1961
c.615 §8; 1963 c.400 §14; repealed by 1971 c.770 §31]
377.430 [1961
c.615 §6; repealed by 1971 c.770 §31]
SCENIC AREAS
377.505 Definitions for ORS 377.505 to
377.540. As used in ORS 377.505 to 377.540:
(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 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). [1961
c.614 §1; 1963 c.400 §15; 1965 c.219 §23; 1967 c.590 §13; 1977 c.578 §3; 1979
c.186 §15; 2007 c.199 §21]
377.510 Signs visible from state highways
regulated; junkyards prohibited; exceptions. (1) A
sign that is visible from a state highway may not be erected or maintained in
an area that has been established by final order as a scenic area except:
(a)
Traffic control signs or devices.
(b)
Signs other than outdoor advertising signs, as defined in ORS 377.710.
(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.
(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 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 state highway where the area immediately adjacent to the state
highway has been established by final order as a scenic area. [1961 c.614 §7;
1965 c.219 §24; 1967 c.590 §14; 1987 c.447 §122; 1991 c.287 §1; 1993 c.741 §45;
2007 c.199 §22]
377.515 Removal of nonconforming signs
deferred. Any sign lawfully maintained in a
scenic area prior to the establishment of the area as a scenic area and not
included within the exceptions of ORS 377.510, shall be removed by the owner
thereof prior to seven years following the establishment of the area as a
scenic area, unless the sign is required to be removed at an earlier date,
pursuant to other state laws. [1961 c.614 §8; 1965 c.219 §25; 1967 c.590 §15]
377.520 [1961
c.614 §2; 1963 c.400 §16; 1965 c.219 §26; repealed by 1977 c.578 §5]
377.521 Status of previously designated
scenic areas. All scenic areas designated prior to
October 4, 1977, shall continue to retain their designation as scenic areas. [1977
c.578 §2]
Note:
377.521 was enacted into law by the Legislative Assembly but was not added to
ORS 377.505 to 377.540 by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
377.525 [1961
c.614 §4; 1963 c.400 §17; 1969 c.314 §30; repealed by 1977 c.578 §5]
377.530 [1961
c.614 §5; 1963 c.400 §18; repealed by 1977 c.578 §5]
377.535 [1961
c.614 §6; 1963 c.400 §19; repealed by 1977 c.578 §5]
377.540 Director of Transportation to
enforce orders and render administrative assistance.
The Director of Transportation shall take appropriate action for the
administration and enforcement of orders issued under the provisions of ORS
377.505 to 377.545 (1975 Replacement Part). [1961 c.614 §10; 1963 c.400 §20;
1977 c.578 §4; 1993 c.741 §46]
377.545 [1961
c.614 §9; repealed by 2001 c.750 §7]
JUNKYARDS
377.605 Definitions for ORS 377.605 to
377.655. As used in ORS 377.605 to 377.655,
unless the context requires otherwise:
(1)
“Department” means the Department of Transportation.
(2)
“Director” means the Director of Transportation.
(3)
“Federal-aid primary system” 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.
(4)
“Interstate System” means every state highway that is part of the National
System of Interstate and Defense Highways established by the department in
compliance with section 103(e) of title 23, United States Code.
(5)
“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash,
rubber, debris, waste, or junked, dismantled, wrecked, scrapped or ruined motor
vehicles, or motor vehicle parts, iron, steel or other old or scrap ferrous, or
nonferrous material, metal or nonmetal materials.
(6)
“Junkyard” means any establishment or place of business where there is
accumulated on the premises eight or more motor vehicles or an equivalent
volume of junk that is maintained, operated or used for storing, keeping,
buying or selling of junk and the term includes automobile graveyards, garbage
dumps and scrap metal processing facilities.
(7)
“Maintain” means to allow to exist.
(8)
“Main traveled way” means the through traffic lanes, exclusive of frontage
roads, auxiliary lanes and ramps.
(9)
“State highway” or “state highway system” means the entire width between the
boundary lines of every state highway as defined in ORS 366.005, including but
not limited to the Interstate System and the federal-aid primary system.
(10)
“Visible” means capable of being seen without visual aid by a person of normal
visual acuity.
(11)
“Zoned industrial area” is an area adjacent to a state highway or public
highway which is zoned for industrial use under authority of state law. [1967
c.590 §3; 1979 c.186 §16; 1979 c.210 §1; 1993 c.741 §47]
377.610 Public policy on junkyards.
The Legislative Assembly hereby finds and declares that establishment,
maintenance and operation of junkyards along public highways should be
controlled in accordance with the provisions of ORS 377.605 to 377.655 in order
to protect the public investment in such highways, promote the safety and
recreational value of public travel on such highways, preserve natural beauty
and aesthetic features of such highways and adjacent areas, and maintain the
qualifications of this state for its share of federal-aid highway funds payable
under title 23, United States Code, and in furtherance of the purposes
previously established under ORS 366.556 to 366.578. [1967 c.590 §2]
377.615 Director’s authority to promulgate
regulations, enter into agreements with federal government.
(1) The Director of Transportation shall promulgate such regulations as are
necessary to carry out the provisions of ORS 377.605 to 377.655. Except where
federal law or rules and regulations require otherwise as a condition to
receipt of federal granted funds, the rules shall be promulgated pursuant to
ORS chapter 183.
(2)
The director is authorized to enter into any necessary agreements with the
United States Government or any officer or agency thereof authorized to make
agreements pursuant to title 23, United States Code, relating to the control of
junkyards in areas adjacent to the state highway system. [1967 c.590 §4; 1993
c.741 §48]
377.620 Restrictions on maintaining or
establishing junkyard along highway. (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.
(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 state highway,
as defined by ORS 377.505, where the area immediately adjacent to the 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. [1967 c.590 §5; 1975 c.262 §1; 1983 c.740 §122; 1993 c.741 §49;
2007 c.199 §24]
377.625 Screening junkyard located in
restricted area. (1) Any junkyard which is in
existence on June 30, 1967, less than 1,000 feet from the nearest edge of the
right-of-way line and visible from the main traveled way of the Interstate
System or the federal-aid primary system and is not in a zoned industrial area,
may be screened by the Director of Transportation, if economically and
otherwise feasible, at locations on the highway rights of way or in areas
outside of the rights of way acquired for such purposes by the Department of
Transportation.
(2)
Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from
the nearest edge of the right-of-way line and which is visible from the main
traveled way of any state highway other than the Interstate System or
federal-aid primary system and is not in a zoned industrial area, may be
screened by the director when it is financially, economically and otherwise
feasible. The screening may be located on the highway rights of way or in areas
outside the rights of way acquired for such purposes by the department. [1967
c.590 §6; 1979 c.210 §2; 1993 c.741 §50]
377.630 Removing junkyard from restricted
area. (1) Where a junkyard is in existence on
June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way
line of the Interstate System or federal-aid primary system, is not in a zoned
industrial area, and cannot be effectively screened as provided in ORS 377.625
(1), then the Department of Transportation may secure such interests in land as
may be necessary to relocate, remove or dispose of the junkyard and may pay for
the cost of relocation, removal or disposal thereof, as set forth in ORS
377.640.
(2)
Where a junkyard is in existence less than 1,000 feet of the nearest edge of
the right-of-way line and visible from the main traveled way of any state
highway which becomes a part of the Interstate System or federal-aid primary
system and is not in a zoned industrial area, the junkyard may be screened as
provided in subsection (1) of this section or may be relocated, removed or
disposed of by the department after the portion of the state highway involved
becomes a part of the Interstate System or the federal-aid primary system, as
provided in subsection (1) of this section.
(3)
Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the
nearest edge of the right-of-way line of any state highway other than the
Interstate System or federal-aid primary system, is not in a zoned industrial
area, and cannot be effectively screened as provided in ORS 377.625 (2), then
the department may, in its discretion, secure such interests in lands as may be
necessary to relocate, remove or dispose of the junkyard. [1967 c.590 §7; 1979
c.210 §3]
377.635 Junkyard in violation of
restrictions declared a public nuisance; authority to abate; when junk placed
on state highway right of way. (1) Any
junkyard which comes into existence after June 30, 1967, and which is in
violation of ORS 377.620, is hereby found and declared to be a public nuisance.
The Director of Transportation, 30 days after written notice is mailed to the
person owning or operating the junkyard, may institute, on behalf of the
Department of Transportation any legal proceedings the director considers
necessary to prevent the violation of ORS 377.620.
(2)
Whenever the owner or operator of a junkyard places junk on state highway right
of way adjacent to or in the immediate vicinity of the junkyard, the director,
10 days after written notice is mailed to the person owning or operating the
junkyard, may remove and store the junk. Junk placed on a highway right of way
adjacent to or in the vicinity of a junkyard is prima facie evidence that it
has been placed there by the owner or the operator of the junkyard. After 30
days of storage, unless claimed sooner by the owner, the director may sell or
otherwise dispose of the junk by sale or otherwise. When removal is performed
by the director, the director shall not be liable for conversion of any
personal property and the director may collect the director’s cost for removal,
storage and sale or disposal from the person owning the junk. [1967 c.590 §8;
1975 c.262 §2; 1979 c.210 §4; 1993 c.741 §51]
377.640 Acquisition of land necessary to
screen or relocate junkyards. The
Department of Transportation may acquire by purchase, agreement, donation, or
the exercise of the power of eminent domain, such lands or interest in lands as
may be necessary for the screening or the relocation, removal or disposal of
junkyards. In exercising the power of eminent domain the department shall be
governed by the provisions of ORS chapter 35. [1967 c.590 §9; 1971 c.741 §36]
377.645 Expenditure of moneys to screen or
relocate junkyards prior to availability of federal matching funds.
(1) The Department of Transportation may expend moneys appropriated to the
department for the purposes of the screening, relocating, removal or disposal
of junkyards as provided in ORS 377.625 to 377.640, except that the department
may not use moneys that are subject to the provisions of section 3a, Article IX
of the Oregon Constitution. Moneys appropriated for the purposes specified in
this subsection may be expended by the department unless and until federal-aid
matching funds are appropriated and made available to the state for such
similar purposes as provided in section 136, title 23, United States Code.
(2)
All money received by the Director of Transportation under ORS 377.505,
377.510, 377.515 and 377.605 to 377.655 shall be credited to the State Highway
Fund. [1967 c.590 §§10,11; 1983 c.338 §924; 1993 c.741 §52; 2001 c.750 §1]
DISPOSAL OF PROPERTY
377.650 Personal property on state
highway. Any personal property not coming within
the definition of junk, except a vehicle as defined in ORS 801.590 or a
manufactured structure as defined in ORS 446.561, that is deposited, left or
displayed on a state highway is hereby found and declared to be a public
nuisance. Except as provided in ORS 377.653, the Director of Transportation may
do any of the following with respect to personal property declared to be a
nuisance by this section:
(1)
Ten days after written notice is mailed to the person owning the personal
property, the director may institute on behalf of the Department of
Transportation any legal proceedings the director considers necessary to
prevent the violation of this section.
(2)
Ten days after written notice, the director may remove the personal property
and store it. After 30 days of storage, unless claimed sooner by the owner, the
director may sell or otherwise dispose of the personal property. Where removal
is performed by the director, the director shall not be liable for any
conversion of personal property and may collect the cost for removal, storage
and sale or disposal of the personal property from the person owning it.
(3)
If the property is a sign, as defined under ORS 377.710, that is portable or if
the property has been repeatedly deposited, left or displayed in violation of
this section, the director may follow the procedures under ORS 377.655. This
subsection applies notwithstanding any other provision of this section. [1975
c.262 §4; 1983 c.338 §925; 1985 c.110 §1; 1993 c.741 §53; 1999 c.59 §102; 2003
c.655 §73; 2011 c.84 §3]
377.653 Personal property under state
highway bridge; rules. (1) If personal property is
deposited, left or displayed under a state highway bridge, on property along a
river and within an urban growth boundary, and the personal property is a
public nuisance under ORS 377.650, the Department of Transportation may remove,
store and dispose of the personal property as provided in this section.
(2)
Prior to the removal of the personal property, the department shall post
written notice in the manner provided in this subsection. The written notice
must:
(a)
Be laminated or weather resistant.
(b)
Be posted in a conspicuous location within 30 feet of the property to be
removed.
(c)
Include the following dates:
(A)
The date the notice is posted;
(B)
The date by which the property owner must remove the property; and
(C)
The dates within which the department may remove the property pursuant to
subsection (3) of this section.
(d)
Be posted no less than five days and no more than 19 days prior to removal. If
the notice is removed during the posting period, the department may proceed
with the removal of the personal property but shall replace the notice at the
site for the purpose of informing property owners about how to claim the
property.
(e)
Provide information about the storage of the property, including but not
limited to how long the department will store the property and a telephone number
at which the property owner can contact the department to make arrangements to
claim the property.
(f)
Be written in English and Spanish.
(3)
No less than five days and no more than 19 days after posting written notice,
the department may remove the personal property.
(4)
The department shall store the personal property removed under subsection (3)
of this section:
(a)
In a manner that is reasonably likely to protect the property from harm;
(b)
In a location that is reasonably secure; and
(c)
In a location that is reasonably accessible to the location where the property
was found.
(5)
After storing the property for 30 days, unless the property is claimed by the
property owner, the department may sell or otherwise dispose of the personal
property.
(6)
The department is not liable for any conversion of personal property removed or
stored under this section.
(7)
The department may collect the costs of removing, storing, selling or disposing
of the personal property from the property owner pursuant to this section.
(8)
If the department determines that the personal property creates an exceptional
emergency, such as possible site contamination by hazardous materials, or that
the personal property presents an immediate danger to human life or safety, the
department may immediately remove and dispose of the property without notice as
described in subsection (2) of this section. Personal property that may enter a
river as a result of seasonal increases in river levels, absent other evidence,
does not constitute an exceptional emergency. Personal property that may enter
a river as a result of unanticipated flooding, absent other evidence, does
constitute an exceptional emergency.
(9)
A permanent sign posted by the department that announces that personal property
will be removed does not satisfy the notice requirements established under this
section.
(10)
The department may adopt rules for the implementation of this section. [2011
c.84 §2]
377.655 Rules for removal and disposition
of signs and property in violation of ORS 377.650.
(1) The Department of Transportation shall adopt rules consistent with this
section to provide procedures for the removal and disposition of portable signs
or personal property that has been repeatedly left, deposited or displayed in
violation of ORS 377.650.
(2)
Rules adopted by the department under this section may provide for any of the
following:
(a)
A reduction in the times required for notice of violation, opportunity for
hearing, opportunity to remove the violation and removal of the violation.
(b)
Removal of the violation without prior notice if the person committing the
violation has been given prior notice of the violation. If removal is provided
under this paragraph, opportunity for hearing must be provided by the rules
within five days after the removal.
(c)
Any other rules concerning removal and disposition of such violations that the
department determines will reduce the repeating of such violations.
(3)
Rules adopted by the department under this section may not alter the provisions
established under ORS 377.653. [1985 c.110 §2; 2011 c.84 §4]
MOTORIST INFORMATION SIGNS
(General Provisions)
377.700 Short title.
ORS 377.700 to 377.840 and 377.992 shall be known and may be cited as the
Oregon Motorist Information Act of 1971. [1971 c.770 §1]
377.705 Policy.
To promote the public safety; to preserve the recreational value of public
travel on the state’s highways; to preserve the natural beauty and aesthetic
features of such highways and adjacent areas; to provide information about and
direct travelers to public accommodations, services for the traveling public,
campgrounds, parks, recreational areas, and points of scenic, historic,
cultural and educational interest, it is the policy of this state and the purpose
of ORS 377.700 to 377.840 and 377.992:
(1)
To establish official information centers and motorist informational signs,
including sign plazas in appropriate locations for the convenient arrangement
of those signs.
(2)
To provide for publication and distribution of official guidebooks and other
publications.
(3)
To prohibit the indiscriminate use of other outdoor advertising.
(4)
To provide motorists, where feasible, a telephone emergency, information and
reservation system for lodging. [1971 c.770 §2; 1999 c.877 §1]
377.707 Identifying location of signs on
construction plans; repair or replacement of damaged signs.
(1) The Department of Transportation shall ensure that all construction and
engineering plans for state highways identify the locations of motorist
informational signs, tourist oriented directional signs and logo signs. The
department shall adopt written plans for protecting the signs from damage
during construction.
(2)
If any sign specified in subsection (1) of this section is damaged, destroyed
or lost as a result of work on a highway done by the department, the department
shall repair or replace the sign. [2001 c.402 §2]
Note:
377.707 was added to and made a part of 377.700 to 377.840 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
377.708 Effect on certain signs of
transfer of jurisdiction over state highway. (1) As
part of the negotiation process between the Department of Transportation and
another road authority concerning transfer of jurisdiction over a state highway
from the department to the other road authority, the department shall identify
any tourist oriented directional signs and logo signs on the state highway that
will be affected by the transfer. If there are such signs, the department shall
notify the Travel Information Council of the proposed transfer of jurisdiction.
(2)
When signs described in subsection (1) of this section are identified, the road
authority that will receive jurisdiction over the state highway shall, as part
of the negotiation process, agree in writing to protect the signs from
destruction or removal. The transfer of jurisdiction may not take place until
the receiving road authority has entered into the written agreement described
in this subsection.
(3)
After the transfer of jurisdiction, the Travel Information Council shall retain
authority over signs on the highway as though the highway were still a state
highway.
(4)
After a transfer of jurisdiction over a state highway from the department to
another road authority, the council shall notify the receiving road authority
of any request for a new sign and shall request approval of the sign’s location
from that road authority. [2003 c.388 §2]
Note:
377.708 was added to and made a part of 377.700 to 377.840 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
377.710 Definitions for ORS 377.700 to
377.840; rules. 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)
“Digital billboard” means an outdoor advertising sign that is static and
changes messages by any electronic process or remote control, provided that the
change from one message to another message is no more frequent than once every
eight seconds and the actual change process is accomplished in two seconds or
less.
(7)
“Director” means the Director of Transportation.
(8)
“Display surface” means the area of a sign available for the purpose of
displaying a message.
(9)
“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.
(10)
“Erect” means to construct, build, assemble, place, affix, attach, create,
paint, draw or in any way bring into being or establish.
(11)
“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.
(12)
“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.
(13)
“Governmental unit” means the federal government, the state, or a city, county
or other political subdivision or an agency thereof.
(14)
“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.
(15)
“Logo” means a symbol or design used by a business as a means of identification
of its products or services.
(16)
“Logo sign” means a sign located on highway right of way on which logos for
gas, food, lodging and camping are mounted.
(17)
“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.
(18)
“Main traveled way” means the through traffic lanes, exclusive of frontage
roads, auxiliary lanes and ramps.
(19)
“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.
(20)
“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.
(21)
“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.
(22)
“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.
(23)
“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.
(24)
“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.
(25)
“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.
(26)
“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.
(27)
“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)
“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.
(29)
“Secondary highway” means any state highway other than an interstate highway or
primary highway.
(30)(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.
(31)
“Sign area” means the overall dimensions of all panels capable of displaying
messages on a sign structure.
(32)
“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.
(33)
“Sign rules for protected areas” means rules adopted by the department
applicable to signs displayed within protected areas.
(34)
“Sign structure” or “structure” means the supports, uprights, braces, poles,
pylons, foundation elements, framework and display surfaces of a sign.
(35)
“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.
(36)
“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.
(37)
“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.
(38)
“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.
(39)
“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.
(40)
“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.
(41)
“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. [1971 c.770 §3; 1973 c.790 §1; 1974 c.33 §1; 1975 c.336 §1; 1977 c.265
§1; 1983 c.111 §1; 1987 c.336 §2; 1993 c.741 §54; 1999 c.877 §2; 2007 c.199 §5;
2009 c.463 §5; 2011 c.562 §1]
377.712 Issuance of permits for certain
preexisting signs. (1) Notwithstanding the
provisions of ORS 377.700 to 377.780, the owner of any outdoor advertising sign
in existence on May 30, 2007, located in a commercial or industrial zone in
existence on May 30, 2007, that meets all requirements for obtaining an outdoor
advertising sign permit as set out in ORS 377.700 to 377.780 and for which the
owner had not secured an outdoor advertising permit as required by ORS 377.725
prior to May 30, 2007, 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 May 30, 2007, 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 lawfully located within a
commercial or industrial zone at the time of designation as a state highway. [1977
c.265 §7; 1993 c.376 §1; 2001 c.104 §127; 2001 c.750 §4; 2007 c.199 §6]
Note:
377.712 was enacted into law by the Legislative Assembly but was not added to
or made a part of any series in ORS chapter 377 by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
(Signs, Generally)
377.715 Application of ORS 377.700 to
377.840; prohibition against erection or maintenance of certain signs not in
compliance with law. ORS 377.700 to 377.840, and the
rules adopted pursuant thereto, apply to 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 visible to the
traveling public from a state highway, except where permitted outside the right
of way of a state highway, unless 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. A person may not erect or maintain a sign on the right of way of a
state highway, other than a traffic control sign or device. [1971 c.770 §8;
1973 c.790 §2; 1974 c.33 §2; 1975 c.336 §2; 1983 c.111 §2; 1987 c.336 §3; 1999
c.877 §3; 2007 c.199 §7]
377.720 Prohibited signs; exceptions.
A sign may not be erected or maintained if it:
(1)
Interferes with, imitates or resembles any traffic control sign 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 traffic control signs 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 or portions thereof with lights that may be changed at intermittent
intervals by electronic process or remote control that are not outdoor advertising
signs.
(c)
A tri-vision sign, except that a tri-vision sign may not be illuminated by any
flashing, intermittent, revolving, rotating or moving lights.
(d)
A digital billboard, only if the digital billboard:
(A)
Is not illuminated by a flashing light or a light that varies in intensity;
(B)
Has a display surface that does not create the appearance of movement;
(C)
Does not operate at an intensity level of more than 0.3 foot-candles over
ambient light as measured at a distance of:
(i)
150 feet, if the display surface is 12 feet by 25 feet;
(ii)
200 feet, if the display surface is 10.5 feet by 36 feet; or
(iii)
250 feet, if the display surface is 14 feet by 48 feet;
(D)
Is equipped with a light sensor that automatically adjusts the intensity of the
billboard according to the amount of ambient light;
(E)
Is designed to either freeze the display in one static position, display a full
black screen or turn off in the event of a malfunction;
(F)
If available where the digital billboard is located, uses renewable energy
resources to power the digital billboard, including but not limited to the
following:
(i)
Wind energy;
(ii)
Solar photovoltaic and solar thermal energy;
(iii)
Wave, tidal and ocean thermal energy;
(iv)
Geothermal energy; and
(v)
The purchase of carbon credits; and
(G)
If wind energy is used, as specified in subparagraph (F)(i) of this paragraph,
uses moving parts for the purpose of generating the wind energy to power the
billboard.
(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 activities that are illegal under any state or federal law
applicable at the location of the sign or of the activities.
(7)
Is not maintained in a neat, clean and attractive condition and in good repair.
(8)
Is not able to withstand a wind pressure of 20 pounds per square foot of
exposed surface.
(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. [1971 c.770 §15; 1973 c.790 §3;
1977 c.256 §2; 1981 c.392 §1; 1999 c.877 §4; 2007 c.199 §8; 2011 c.562 §2]
377.723 Affidavit of city or county
necessary for issuance of sign permit; requirements of affidavit.
Notwithstanding any other provision of ORS 377.700 to 377.840, the Department
of Transportation shall 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.
(3)
Each affidavit must be on a form prepared by the department. [1981 c.329 §2;
1987 c.336 §4; 1993 c.741 §55]
377.725 Permit; application; fee;
cancellation; rules. (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.
(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. [1971 c.770 §23; 1973 c.790 §4; 1974 c.33 §3; 1975 c.336
§4; 1977 c.265 §2; 1985 c.553 §1; 1993 c.376 §2; 1993 c.741 §56; 1999 c.877 §5;
2001 c.750 §5; 2003 c.126 §1; 2007 c.199 §9; 2009 c.463 §6]
377.726 [1977
c.265 §8; 1979 c.146 §3; 1981 c.308 §2; 1999 c.877 §6; 2001 c.750 §6; repealed
by 2007 c.199 §28]
377.727 [1974
c.33 §8; 1999 c.663 §1; 2007 c.71 §100; repealed by 2007 c.199 §28]
377.729 Fees for sign permits and business
licenses; rules. The Department of Transportation
may adopt rules establishing permit fees for purposes of ORS 377.725 and fees
for an outdoor advertising business license issued under ORS 377.730. Fees
established by the department shall be designed to recover the cost to the
department of regulating signs that are outside the right of way of a highway
but are visible from the highway. [1985 c.553 §4; 1987 c.336 §1; 2001 c.750 §2]
377.730 License for business of
maintaining or erecting signs; fee; application; revocation; suspension.
(1) A person shall not engage in the business of erecting or maintaining
outdoor advertising signs for other persons without first obtaining an annual
license therefor from the Director of Transportation and paying the annual
license fee established by the Department of Transportation by rule as provided
in ORS 377.729.
(2)
An application for a license or renewal thereof shall be made on a form
furnished by the director, shall contain such pertinent information as the
director may require and shall be accompanied by the applicable annual fee. A
license granted under this section expires on June 30 of each year. The fee
shall not be prorated. The director shall by certified mail send to each
licensee a notice of expiration of license and a renewal application form not
less than 30 days before the date of expiration.
(3)
If the director finds that an applicant has knowingly provided materially false
or misleading information in the application or that a licensee has violated
any of the provisions of ORS 377.700 to 377.840, the director may revoke,
suspend for a period of up to one year or refuse to renew the license unless a
corrected application is filed or the violation ceases, within 30 days after
written notice to do so is mailed to the applicant or licensee. During the
suspension of a license, the licensee may continue in business, but shall not
erect or reconstruct any sign requiring a permit under ORS 377.700 to 377.840. [1971
c.770 §22; 1973 c.790 §5; 1993 c.741 §57; 2001 c.750 §3]
377.735 Exemptions from sign permit
requirements; historic signs; rules. (1) 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
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.
(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 erection and maintenance of permanent
signs that do not exceed six square feet and that provide messages for the
safety or convenience of the public.
(5)
ORS 377.700 to 377.840 do not apply to 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. [1971 c.770 §14; 1973 c.790 §6; 1975 c.336 §5; 1977 c.265 §3; 1987
c.336 §5; 1993 c.741 §58; 1999 c.877 §7; 2007 c.199 §10]
377.737 Giving or receiving compensation or
value for signs; rules. (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. [2007 c.199 §2]
Note:
377.737 was added to and made a part of 377.700 to 377.840 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
377.740 ORS 377.700 to 377.840 not
intended to authorize signs prohibited by other governmental units.
Nothing in ORS 377.700 to 377.840 and 377.992 is intended to permit a person to
erect or maintain any sign that is prohibited by any governmental unit. [1971
c.770 §25]
377.745 Limitation on form and size of
signs. (1) Except as provided in subsection
(3) of this section, an outdoor advertising sign 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 an outdoor advertising sign or sign area under
this section:
(a)
Cutouts that project beyond the borders of 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 display surfaces on a
tri-vision sign.
(3)
A nonconforming outdoor advertising sign in existence on May 30, 2007, 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. [1971 c.770 §20; 1973 c.790 §7; 1999 c.877 §8;
2007 c.199 §11]
377.750 Spacing between signs.
(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, digital billboard, 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 way.
(2)
Except as provided in subsection (3) of this section, minimum spacing between
outdoor advertising signs shall be:
______________________________________________________________________________
Minimum space
between signs Minimum
on same side space
from
Type of highway of highway interchange
where erected (in feet) (in feet)
Interstate Highway
Inside cities 500 None
Outside cities 2,000 500
Freeway
Inside cities 500 None
Outside cities 1,000 500
Other state
highway
Inside cities 100 None
Outside cities 500 None
______________________________________________________________________________
(3) A nonconforming outdoor advertising
sign in existence on May 30, 2007, 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. [1971 c.770 §21; 1973 c.790 §8; 1997 c.249 §120;
1999 c.877 §9; 2007 c.199 §12; 2011 c.562 §3]
377.753
Permits for outdoor advertising signs; rules. (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. [2007 c.199 §3]
Note:
377.753 was added to and made a part of 377.700 to 377.840 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
377.755
[1971 c.770 §13; 1973 c.790 §9; 1974 s.s. c.33
§4;
1977 c.256 §1; repealed by 1987 c.336 §7]
377.756
Permits for signs erected by city or unincorporated community.
(1) The Department of Transportation shall issue permits for the erection of
signs authorized by ORS 377.756 to 377.758. Subject to subsections (2) and (3)
of this section, permits shall be issued at no cost to any city or county that
applies or to any nonprofit or civic applicant approved by a city or county.
Each permit entitles the holder of the permit to erect one sign in accordance with
this section.
(2) Each city may be given permits under
this section entitling the city to erect not more than two signs that are
visible from state highways and that are within the city limits or, pursuant to
a memorandum of understanding with appropriate federal authorities, are no more
than one mile outside of the city limits. The permits may be given directly to
the city or may be given to a nonprofit or civic organization designated by the
city governing body.
(3) Each county may be given permits under
this section entitling each unincorporated community identified in the county
comprehensive plan, as defined in ORS 197.015, to erect not more than two signs
that are visible from state highways and that are within one mile of the
community growth boundary as designated by the county. The permits may be given
directly to the county or, if the county governing body so authorizes, to an
unincorporated community or a nonprofit or civic organization designated by the
county governing body.
(4) The department may not issue more than
200 permits under this section. [1987 c.631 §2]
377.757
Requirements for signs authorized by ORS 377.756; payment of cost of sign.
(1) A sign authorized by ORS 377.756 shall not exceed 48 square feet in size
and may not have a vertical or horizontal dimension of more than eight feet.
Nothing in this subsection affects size requirements for signs of a
governmental unit that are authorized under ORS 377.735.
(2) Signs erected pursuant to ORS 377.756
to 377.758 shall be kept in good repair and shall be clean and attractive.
(3) A county may require an unincorporated
community authorized to erect a sign under ORS 377.756 to 377.758 to pay for
the cost of erecting and maintaining the sign.
(4) If a city or county obtains a permit
under ORS 377.756 for a nonprofit or civic organization, the city or county may
require the organization to pay the cost of erecting and maintaining the sign.
(5) Signs erected pursuant to ORS 377.756
to 377.758 shall conform to the provisions of ORS 377.720. [1987 c.631 §§3,4]
377.758
Notification by federal authorities of illegal sign; consequences.
If appropriate federal authorities notify the Department of Transportation that
the erection of a sign pursuant to any of the provisions of ORS 377.756 to
377.758 is contrary to any federal law, the department shall cease issuing
permits and shall cause any signs erected pursuant to ORS 377.756 to 377.758 to
be removed. [1987 c.631 §5; 2001 c.104 §128]
377.759
Issuance of relocation credits for removal of outdoor advertising signs from
scenic byway; rules. (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. [2009
c.463 §2]
Note:
377.759, 377.762 and 377.763 were added to and made a part of 377.700 to
377.840 by legislative action but were not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation.
377.760
[1971 c.770 §26; 1973 c.790 §10; repealed by 1987 c.336 §7]
377.762
Issuance of relocation credits for removal of sign.
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. [2009
c.463 §3]
Note:
See note under 377.759.
377.763
Consolidation of relocation credits. 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). [2009 c.463 §4]
Note:
See note under 377.759.
377.765
Status of previously existing signs; removal upon payment of compensation.
(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) 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.
(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.
(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.
(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 (4) of this section. [1971
c.770 §18; 1973 c.28 §1; 1973 c.790 §11; 1975 c.336 §7; 1993 c.376 §3; 2007
c.199 §13; 2009 c.463 §7]
377.766
[2007 c.199 §4; repealed by 2009 c.463 §13]
377.767
Relocation of existing outdoor advertising sign; conditions.
A permit or a relocation credit 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.
______________________________________________________________________________
Distance
in Either
Types of
Highway Direction
from Site
Interstate 2,000 feet
Freeway 1,000
feet
Other State Highway 500 feet
______________________________________________________________________________
(3) 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. 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. 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. [1975 c.336 §9; 1977 c.265 §4;
1983 c.226 §1; 1993 c.268 §1; 1997 c.249 §121; 1999 c.877 §10; 2007 c.199 §14;
2009 c.463 §8; 2011 c.562 §4]
377.768
Effect of relocation permit on existing sign permit; duty of director.
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. [1979 c.146 §2; 1993
c.741 §59; 2007 c.199 §15; 2009 c.463 §9]
377.770
Signs in protected, commercial or industrial areas.
(1) Signs and outdoor advertising signs erected or maintained within protected
areas shall comply with the sign rules for protected areas. If any provision of
ORS 377.700 to 377.840 or rules adopted pursuant thereto are more restrictive
than the sign 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 May 30, 2007, may be maintained, reconstructed or relocated within
commercial or industrial zones. Within cities, an outdoor advertising sign may
not be erected more than 660 feet from the nearest edge of the right of way if
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 May 30, 2007, in commercial or industrial zones established on May
30, 2007, except as provided by ORS 377.753, 377.765 and 377.767. [1971 c.770 §19;
1973 c.790 §12; 1974 c.33 §5; 1975 c.336 §10; 2007 c.199 §16]
377.773
When sign abandoned; removal. Any sign that
does not have a message on the display surface for a period of six months is
deemed to have been abandoned by the owner and is a noncomplying sign subject
to removal by the Director of Transportation under the procedure set forth in
ORS 377.775. [1974 c.33 §7; 1975 c.336 §11; 1993 c.741 §60; 2007 c.199 §17]
377.775
Removal procedure for noncomplying signs; ownership issues at hearing;
disposition of removed signs; costs of removal.
(1) Any sign that fails to comply with ORS 377.700 to 377.840 is a public and
private nuisance. In addition to the penalties provided by ORS 377.992, 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 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 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 30
days, the director may, without incurring any liability therefor, destroy or
otherwise dispose of the sign.
(c) If the owner is found within 30 days,
the owner may be required to remove the sign from storage.
(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.
(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) A hearing under this section shall be
conducted as a contested case hearing under ORS chapter 183. [1971 c.770 §17;
1973 c.790 §13; 1977 c.265 §5; 1993 c.741 §61; 2001 c.508 §2; 2007 c.199 §18]
377.777
Action to enjoin person from violation of ORS 377.700 to 377.840.
If the Department of Transportation has issued three or more final orders in a
12-month period finding that a person has violated one or more provisions of
ORS 377.700 to 377.840, the Director of Transportation may file an action for
injunctive relief to enjoin the person, or any other entity substantially
controlled or directed by the person, from further violating ORS 377.700 to
377.840. The action may be filed in the Circuit Court for Marion County or in
the circuit court of the county that is the principal place of business or
residence of the person the director seeks to enjoin. [2001 c.508 §5]
Note:
377.777 was added to and made a part of 377.700 to 377.840 by legislative
action but was not added to any smaller series therein. See Preface to Oregon
Revised Statutes for further explanation.
377.780
Removal of outdoor advertising signs; payment of compensation; value
determinations. (1) Where the Department of
Transportation elects to remove and pay for a sign visible from secondary
highways pursuant to ORS 377.765 (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. [1971 c.770 §16;
1973 c.790 §14; 1975 c.336 §12; 2007 c.199 §19; 2009 c.463 §10]
377.785
[1971 c.770 §5; 1973 c.790 §15; 1983 c.324 §36; 1985 c.104 §4; renumbered
285.163 in 1991]
377.787
Contracts to study traveler information needs; council to establish sign
programs; rules. (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 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 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. [1979 c.478 §§5,7; 2007
c.199 §20]
377.790
Construction, maintenance and operation of tourist and motorist informational
signs. Pursuant to the terms of a written
agreement between the Department of Transportation and the Travel Information
Council:
(1) The department shall furnish, erect
and maintain motorist informational signs, logo signs, tourist oriented
directional signs and sign plazas as requested by the council. Such signs shall
be erected and maintained at locations the council considers appropriate. The
department may contract for the furnishing, erection and replacement of all
such sign plazas, logo signs, tourist oriented directional signs and motorist
informational signs to be erected upon a state highway, in tourist information
centers, rest areas or other places.
(2) In carrying out its responsibilities
under ORS 377.700 to 377.840 the council may enter into contractual or other
agreements with a city, county or other governmental agency of this state or
with an independent contractor providing for the erection, maintenance,
administration and operation of sign plazas, logo signs, tourist oriented
directional signs and motorist informational signs and collection of the permit
fees charged therefor, or for other matter authorized under ORS 377.700 to
377.840 requiring council consideration. When soliciting contracts for goods or
professional services, the council shall:
(a) Require that an independent
contractor, city, county or other governmental agency of the state submit a
competitive bid;
(b) Review bids submitted;
(c) Select the contractor; and
(d) Enter into a written contract with the
selected contractor, subject to contract specifications established by the
department. [1971 c.770 §6; 1973 c.790 §16; 1983 c.111 §3; 1993 c.745 §7; 2003
c.14 §164]
377.795
Allocation of costs of telephone informational system; webpage fee; disposition
of receipts. (1) Whenever the Travel Information
Council establishes a telephone reservation system for lodging accommodations
or other travel services at a sign plaza, the costs thereof shall be
apportioned among the subscribing motels, hotels, trailer parks, campgrounds or
providers of other travel services on a per room or other equitable basis.
(2)(a) Whenever the council establishes a
tourist and motorist information Internet webpage, or cooperates with the
Department of Transportation or another public or private entity to provide
information about travel services through an Internet webpage, the council may
charge a fee for advertisement by, or information provided on the Internet
webpage on behalf of, the providers of travel services.
(b) The council may not place an
advertisement for a provider of travel services on an Internet webpage
identified as a department webpage. The department may place a link to the
council’s Internet webpage on an Internet webpage identified as a department
webpage.
(3) If the council and the Department of
Transportation decide to use the telephone system or the tourist and motorist
information Internet webpage for emergency or other services, an appropriate
portion of the overall telephone and Internet costs shall be borne by the
department.
(4) Receipts shall be deposited monthly,
before the 10th day of the month, to the Travel Information Council account
required by ORS 377.840.
(5) The council may enter into one or more
contracts providing for the promotion and sale of logos, motorist informational
signs, sign plazas, subscriptions to the telephone reservation service and
subscriptions to the tourist and motorist information Internet webpage. [1971
c.770 §7; 1973 c.790 §17; 1993 c.745 §8; 2001 c.296 §1; 2003 c.14 §165]
377.800
Tourist and motorist informational signs; logo signs; sign and travel plazas.
(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. [1971 c.770 §9; 1973 c.790 §18; 1975 c.336 §13; 1983
c.111 §4; 2007 c.199 §25]
377.805
Form of tourist and motorist informational signs; use of logo signs.
(1) The Travel Information Council shall by regulation prescribe the size,
shape, color, lighting, and lettering of and manner of displaying messages on
tourist oriented directional signs, logo signs and motorist informational
signs.
(2) When appropriate, logo signs, tourist
oriented directional signs and motorist informational signs shall be displayed
in tiers or on panels. With the approval of the Director of Transportation, the
council shall specify the types of locations where such a sign or panel may be
erected or maintained, and the size, shape, lighting and other characteristics
of the panels, including the location of signs thereon. Tiers or panels may be
established at reasonably spaced intervals or at sign plazas.
(3) Distinctive signs shall be allowed to
the extent considered practicable by the council. Logo signs shall be the
primary means used to indicate the availability of one or more brands of motor
fuel. Logos shall be of the shape, color and wording customarily used by the
company. Logo signs and tourist oriented directional signs shall be placed
adjacent to the traveled portion of the highway so as to be easily read by
motorists without slowing or stopping. [1971 c.770 §10; 1973 c.790 §19; 1983
c.111 §5; 1993 c.741 §62]
377.810
[1971 c.770 §12; repealed by 1973 c.790 §27]
377.820
Application for tourist or motorist informational sign permit; investigation;
disposition. (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 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) 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. 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. [1971 c.770 §24; 1973 c.790 §20;
1983 c.111 §6; 1983 c.523 §1a; 1993 c.741 §63]
377.825
Fees for sign applications, maintenance costs and reinstallation.
(1) An applicant for a logo sign, tourist oriented directional sign or a
motorist informational sign shall pay to the Travel Information Council an
initial permit fee and an annual renewal fee which shall be determined for each
year by the council in advance of such year.
(2) The council may establish a fee
schedule for maintenance costs.
(3) The council may establish a fee for
reinstallation of a sign that has been removed. [1971 c.770 §27; 1973 c.790 §21;
1983 c.111 §7; 1991 c.525 §1; 1999 c.38 §1]
377.830
Limitation on motorist informational sign permits; use of logo signs.
Notwithstanding any other provisions of ORS 377.700 to 377.840, the Travel
Information Council shall not issue, for any one place or business eligible
therefor, more than two permits for motorist informational or logo signs for
one direction of travel on a state highway leading to the place or business.
Where a logo is available it shall be used and shall be one of the two
allowable signs. [1971 c.770 §11; 1973 c.790 §22; 1983 c.111 §8]
(Digital
Billboards)
377.831
Application for digital billboard permit. (1) As
used in this section:
(a) “Bulletin” means an outdoor
advertising sign with a display surface that is 14 feet by 48 feet.
(b) “Poster” means an outdoor advertising
sign with a display surface that is 12 feet by 25 feet.
(2) If an outdoor advertising sign being
relocated is relocated as a digital billboard or if an outdoor advertising sign
being reconstructed is reconstructed as a digital billboard, an applicant for a
permit under ORS 377.725 must exchange the following in order to receive one
permit for a digital billboard:
(a) An applicant with 10 percent or less
of the total number of relocation credits in existence on the date the
Department of Transportation receives the application for a digital billboard
permit shall either remove one existing outdoor advertising sign and retire the
permit for that sign or retire one relocation credit. The permit or relocation
credit retired must be for signs with a display surface of at least 250 square
feet.
(b) An applicant with more than 10 percent
of the total number of relocation credits in existence on the date the
department receives an application for a digital billboard permit shall:
(A) For a digital billboard that is a
bulletin:
(i) Remove two existing bulletins, retire
the permits for those bulletins and retire three relocation credits;
(ii) Remove one existing bulletin and two
existing posters, retire the permits for the bulletin and posters and retire
three relocation credits; or
(iii) Remove four existing posters, retire
the permits for those posters and retire three relocation credits.
(B) For a digital billboard that is a
poster:
(i) Remove two existing posters, retire
the permits for those posters and retire three relocation credits; or
(ii) Remove one existing bulletin, retire the
permit for the bulletin and retire three relocation credits.
(3) The relocation credits retired under
subsection (2)(b) of this section must be for signs with a display surface of
at least 250 square feet.
(4) Notwithstanding ORS 377.759 and
377.762, an owner that removes an outdoor advertising sign under this section
is not entitled to a relocation credit.
(5) When calculating the number of
relocation credits an owner possesses, the department shall consider the total
number of relocation credits owned by any corporate entity held in common
ownership with the owner in order to determine how many outdoor advertising
signs the owner must remove and how many relocation credits the owner must
retire to receive a permit to erect a digital billboard.
(6) The department shall cancel the
relocation credits and permits submitted under this section upon issuance of a
permit to erect a digital billboard.
(7) Two permits for a digital billboard
are required to erect a back-to-back or V-type digital billboard.
(8) The first time an owner uses a permit
to erect a digital billboard, the permit is not restricted by the provisions of
ORS 377.767 (4).
(9) The department shall issue one digital
billboard relocation credit for each digital billboard that is removed. A
digital billboard relocation credit may be used only to erect a digital
billboard and may not be used to erect any other type of outdoor advertising
sign.
(10) Except as provided in subsection (8)
of this section, an outdoor advertising sign that is being relocated as a
digital billboard must meet all requirements of ORS 377.767. [2011 c.562 §6]
377.833
Public notifications. (1) The Department of
Transportation shall work together with the Travel Information Council, the
Office of Emergency Management, the Department of State Police, the Secretary
of State and owners of digital billboards to develop a public notification plan
for the purpose of using digital billboards to display notifications to the
traveling public related to civic activities and public safety. Public
notifications include but are not limited to information about the Government
Waste Hotline established under ORS 177.170, elections, voter registration,
Amber Alerts and natural disasters and other emergencies.
(2) The Department of Transportation, in
coordination with the Office of Emergency Management, the Department of State
Police, the Secretary of State and owners of digital billboards, shall prepare
a written public notification plan. In preparing the plan, the Department of
Transportation shall address:
(a) The criteria to be applied in
determining when it is appropriate to request that an owner of a digital
billboard display a public notification.
(b) The procedures used to determine the
expiration of a notification and to recall the request once the information is
no longer needed. [2011 c.562 §7]
Note:
Sections 8 and 9, chapter 562, Oregon Laws 2011, provide:
Sec.
8. (1) The Travel Information Council
shall study and make recommendations on the following:
(a) How to prioritize public notifications
made under section 7 of this 2011 Act [377.833].
(b) How to encourage the display of public
notifications on digital billboards.
(2) The council shall submit a report, and
may include recommendations for legislation, to the interim committees of the
Legislative Assembly related to transportation no later than September 1, 2012.
[2011 c.562 §8]
Sec.
9. Section 8 of this 2011 Act is repealed
on January 2, 2013. [2011 c.562 §9]
(Administration)
377.835
Creation of Travel Information Council as semi-independent state agency;
members; qualifications; appointment; terms; chairperson; quorum; rules.
(1) The Travel Information Council is created as a semi-independent state
agency.
(2) The Travel Information Council shall
consist of 11 members. One shall be the chairperson of the Oregon
Transportation Commission or a person within the Department of Transportation
designated by the chairperson and 10 appointed members as follows: Two members
from among the lodging, restaurant and recreation industries; one member from
the vehicular service industry; one member from the outdoor advertising
industry; one member from the electrical sign industry; and five members from
the public at large. The public at-large members shall be appointed from among
the residents of each congressional district. None of the public at-large
members shall have any financial interest in any restaurant, hotel, motel,
recreational facility, garage, oil company or other vehicular service industry,
or in any advertising business other than shares of stock that are traded on a
national stock exchange.
(3) The 10 appointed members shall be
appointed by the Governor. Each shall be appointed to serve for a term of four
years but a member may be removed at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause the Governor shall make an
appointment to become effective immediately for the unexpired term. Five shall
be appointed biennially on July 2 in odd-numbered years.
(4) The council shall select one of its
members as chairperson, another as vice chairperson and a third as secretary.
Six members shall constitute a quorum for the transaction of business. The
council shall meet quarterly at a time and place to be determined by the
chairperson. The chairperson or any three members of the council may call a
special meeting upon not less than one week’s written notice to the other
members. All members are entitled to expenses as provided by ORS 292.495.
(5) The council may, in accordance with
ORS chapter 183 and consistent with ORS 377.700 to 377.840, adopt and from time
to time amend and repeal rules relating to tourist oriented directional signs,
logo signs and motorist informational signs and all other matters necessary and
appropriate to carry out its responsibilities under ORS 377.700 to 377.840. The
sign rules for protected areas in effect on July 2, 1971, shall be continued in
effect unless modified by the commission. All such rules shall be consistent
with federal laws and regulations relating to highways. The Director of
Transportation shall take appropriate action for the administration and enforcement
of orders issued and rules adopted under ORS 377.700 to 377.840.
(6) The commission may continue or amend
any existing agreements and may enter into new agreements with the United
States or any agency thereof authorized to make agreements under section 131,
title 23, United States Code relating to the regulation, control and removal of
signs within or adjacent to the Interstate and Federal Aid Systems.
(7) The council shall be under the
administrative control of a director who is appointed by and who holds office
at the pleasure of the council. The director of the Travel Information Council
may appoint all subordinate officers and employees of the council and may
prescribe their duties and fix their compensation. The director of the Travel
Information Council may delegate to any subordinate officer or employee any
administrative duty, function or power imposed upon the council by or pursuant
to law. [1971 c.770 §4; 1973 c.790 §23; 1981 c.545 §5; 1983 c.111 §9; 1993
c.741 §§64,64a; 1997 c.632 §6]
377.836
Application of certain statutes to Travel Information Council.
(1) Except as otherwise provided by law, and except as provided in subsection
(2) of this section, the provisions of ORS 279.835 to 279.855 and ORS chapters
240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the
Travel Information Council. The council is subject to all other statutes
governing a state agency that do not conflict with ORS 377.700 to 377.840,
including the tort liability provisions of ORS 30.260 to 30.300 and the
provisions of ORS chapter 183. Subject to the requirements of ORS chapters 238
and 238A, the council’s employees are members of the Public Employees
Retirement System.
(2) The following shall apply to the
council:
(a) ORS 279A.250 to 279A.290;
(b) ORS 282.210 to 282.230; and
(c) ORS 293.235, 293.240, 293.245,
293.611, 293.625 and 293.630. [1993 c.745 §4; 1997 c.249 §122; 2003 c.733 §77;
2003 c.794 §268]
377.837
[1973 c.790 §26; repealed by 1983 c.111 §10]
377.838
Authority of director of Travel Information Council.
(1) Except as provided in subsection (2) of this section, in carrying out the
duties, functions and powers of the Travel Information Council, the director of
the Travel Information Council may contract with any state agency for the
performance of such duties, functions and powers as the council considers
appropriate.
(2) The director of the Travel Information
Council may not, without the prior approval of the council:
(a) Award any contract for goods or
professional services in excess of $25,000; or
(b) Authorize any expenditure of moneys in
excess of $25,000.
(3) The council shall file with the
Governor, the Legislative Assembly and the Legislative Fiscal Officer an annual
report of the activities and operations of the council. [1993 c.745 §5; 1993
c.741 §64b; 2011 c.630 §3]
377.840
Travel Information Council account; budget process; disposition of moneys
received. (1) All moneys collected, borrowed or
received by the Travel Information Council shall be deposited into a Travel
Information Council account established in a depository insured by the Federal
Deposit Insurance Corporation or the National Credit Union Share Insurance
Fund. In a manner consistent with the requirements of ORS 295.001 to 295.108,
the chairperson of the council shall insure that sufficient collateral secures
any amount of funds on deposit that exceeds the limits of the coverage of the
Federal Deposit Insurance Corporation or the National Credit Union Share
Insurance Fund. Subject to the chairperson’s approval, the council may invest
moneys collected, borrowed or received by the council. Investments made by the
council are limited to the types of investments listed in ORS 294.035. Interest
earned from any amounts invested shall be made available to the council in a
manner consistent with the council’s approved biennial budget.
(2) Subject to the approval of the
chairperson or director of the Travel Information Council, all necessary
council expenses shall be paid from the moneys collected, borrowed or earned by
the council.
(3) Upon approval of a majority of the
Travel Information Council, the director may borrow money. The council may not
borrow an amount that exceeds the estimated revenues from amounts collected,
received or earned by the council for the year.
(4) The Travel Information Council may not
borrow money under subsection (3) of this section unless the indebtedness or
other obligations of the council attributable to the borrowing are payable
solely out of the council’s own resources. Such indebtedness or other
obligations of the council do not constitute a pledge of the full faith and
credit of the State of Oregon or any of the revenues of this state.
(5)(a) The Travel Information Council
shall adopt a budget on a biennial basis using the classifications of
expenditures and revenues required by ORS 291.206 (1). However, the budget
shall not be subject to review and approval by the Legislative Assembly or to
future modification by the Emergency Board or Legislative Assembly.
(b) The council shall adopt a budget only
after a public hearing thereon. At least 15 days prior to any public hearing on
the budget, the council shall give notice of the hearing to all persons known
to be interested in the proceedings of the council and to any person who requests
notice.
(6) All expenditures from the Travel
Information Council account are exempt from any state expenditure limitation.
The Travel Information Council shall follow generally accepted accounting
principles and keep such other financial and statistical information as may be
necessary to completely and accurately disclose the financial condition and
financial operations of the council as may be required by the Secretary of
State.
(7) As used in this section, “depository”
has the meaning given in ORS 295.001. [1971 c.770 §29; 1973 c.790 §24; 1987
c.57 §1; 1987 c.336 §6; 1993 c.741 §64c; 1993 c.745 §6; 1995 c.245 §12; 2003
c.405 §7; 2007 c.871 §28; 2010 c.30 §16]
377.845
Use of funds by Department of Transportation after repayment of highway fund.
After the Travel Information Council has repaid the State Highway Fund for all
moneys advanced or owed it may then utilize any funds received in excess of
expenses to reimburse the Department of Transportation for such part of the
cost of providing public service information in sign plazas in rest areas as
the council may decide and also for the acquisition of outdoor advertising
signs located outside of commercial or industrial zones adjacent to secondary
highways. The Travel Information Council may enter into such agreements with
the department as are necessary to carry out the provisions of this section. [1975
c.336 §15]
PENALTIES
377.990
[Amended by 1953 c.335 §2; subsection (4) of 1957 Replacement Part enacted as
1955 c.541 §19; repealed by 1959 c.309 §22]
377.992
Penalties; rules. (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 $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.
(b) The Department of Transportation 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 civil penalty of not more than
$100.
(3) Violation of ORS 377.030 to 377.050,
377.510 (2), 377.620 (2) or 377.635 is punishable, upon conviction, by a civil
penalty of not more than $100.
(4) Civil penalties under this section
shall be imposed in the manner provided by ORS 183.745. [1971 c.770 §28; 2001
c.508 §3; 2009 c.463 §11; 2011 c.9 §49]
377.995
[1959 c.309 §21; subsection (5) enacted as 1961 c.615 §17; subsection (6)
enacted as 1961 c.614 §11; subsection (7) enacted as 1967 c.590 §12; repealed
by 1971 c.770 §31]
CHAPTERS 378 TO 380
[Reserved for expansion]
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