Bill Text: HI SB2192 | 2012 | Regular Session | Introduced
Bill Title: Outdoor Advertising; Ground Signs
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-01-26 - (S) The committee on PGM deferred the measure. [SB2192 Detail]
Download: Hawaii-2012-SB2192-Introduced.html
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THE SENATE |
S.B. NO. |
2192 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to outdoor advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 445-111, Hawaii Revised Statutes, is amended to read as follows:
"§445-111 Definitions[.];
application of terms. (a) As used in this chapter:
"Billboard" means any board, fence, or similar structure, whether free-standing or supported by or placed against any wall or structure, which is designed or used for the principal purpose of having outdoor advertising devices placed, posted, or fastened upon it. The term billboard does not include a ground sign.
"Ground sign" means a freestanding, self-supported structure that:
(1) Is placed or erected by a planned community association subject to chapter 421J to announce association meetings or recreational activities of the planned community association's recreation center;
(2) Is erected or supported from the ground within the zoned district of the planned community association;
(3) Contains one or more faces for sign or display purposes, including a pole sign; and
(4) Does not exceed a height of five feet above finish grade.
[(1)] "Outdoor advertising device"
means any device which is:
[(A)] (1) A writing, picture,
painting, light, model, display, emblem, sign, or similar device situated
outdoors, which is so designed that it draws the attention of persons in any
public highway, park, or other public place to any property, services, entertainment,
or amusement, bought, sold, rented, hired, offered, or otherwise traded in by
any person, or to the place or person where or by whom such buying, selling,
renting, hiring, offering, or other trading is carried on;
[(B)] (2) A sign, poster, notice,
bill, or word or words in writing situated outdoors and so designed that it
draws the attention of and is read by persons in any public highway, park, or
other public place; or
[(C)] (3) A sign, writing,
symbol, or emblem made of lights, or a device or design made of lights so
designed that its primary function is not giving light, which is situated
outdoors and draws the attention of persons in any public highway, park or
other public place.
The term outdoor advertising device does not include a ground sign.
[(2) "Billboard" is any board,
fence, or similar structure, whether free-standing or supported by or placed
against any wall or structure, which is designed or used for the principal
purpose of having outdoor advertising devices placed, posted, or fastened upon
it.
(3)] (b) Any person who, by
oneself or through any agent or independent contractor, maintains or displays
any outdoor advertising device, or any person who knowingly causes any outdoor
advertising device advertising the person's products, merchandise, or services
to be displayed by oneself or any agent or independent contractor; or any
person who, being in possession of any land, building, or part of a building,
permits any outdoor advertising device on the land, building, or part of a
building, shall be deemed to be displaying an outdoor advertising device.
[(4)] (c) Any person, who, by
oneself or through any agent or independent contractor, erects or maintains a
billboard or places any outdoor advertising device upon a billboard, or any
person who knowingly causes any of the person's products, merchandise, or
services to be advertised upon a billboard by oneself or through any agent or
independent contractor; or any person who, being in possession of any land,
building, or part of a building, knowingly permits a billboard to be erected or
to remain on the land, building, or part of a building, shall be deemed to be
maintaining a billboard."
SECTION 2. Section 445-113, Hawaii Revised Statutes, is amended to read as follows:
"§445-113 Regulation by counties. [Except
for outdoor advertising devices authorized under section 445-112(16) and (17),
the] The several counties may adopt ordinances regulating billboards
and outdoor advertising devices that are not prohibited by sections 445-111
to 445-121[.], excluding outdoor advertising devices authorized under
section 445-112(16) and (17) and ground signs, as defined in section 445-111.
The ordinances may:
(1) Classify billboards and outdoor advertising devices in the classes set forth in section 445-112, or in any other reasonable manner of classification;
(2) Regulate the size, manner of construction, color, illumination, location, and appearance of any class of billboard or outdoor advertising device;
(3) Prohibit the erection or maintenance of any type of billboard or the displaying of any outdoor advertising device in particular parts, or in all parts, of the county; provided that the prohibition shall not apply to any official notice or sign described in section 445-112(1); and provided further that, unless a county ordinance specifies otherwise, the prohibition shall extend to billboards or outdoor advertising devices located in the airspace or waters beyond the boundaries of the county that are visible from any public highway, park, or other public place located within the county;
(4) Control and license the business of making, erecting, posting, renting, and maintaining outdoor advertising devices and billboards as a business providing advertising for others, and require each person engaging in such business to obtain an annual license, the fee for which shall not exceed $100. The license shall be conditioned upon the maintenance of all outdoor advertising devices and billboards in a safe state, and the observance of sections 445-111 to 445‑121 and all applicable ordinances and shall be revocable by the licensing authority upon breach of such condition;
(5) Require that no person, whether licensed under paragraph (4) or not, shall erect or maintain any billboard unless it is licensed by a permit issued by the county, the issuance of which permit shall be conditioned upon compliance with this chapter and all applicable ordinances and the payment to the county of an annual fee not to exceed $25 per billboard; and
(6) Provide for such other regulation of billboards and outdoor advertising devices as will promote the public health, welfare, safety, and convenience; encourage and promote the tourist and visitor trade; conserve and develop the natural beauty of the State, as well as objects and places of historic and cultural interest; foster sightliness and physical good order; and promote the purposes and provisions of sections 445‑111 to 445-121."
SECTION 3. Section 445-114, Hawaii Revised Statutes, is amended to read as follows:
"§445-114 Unlawful posting in public places. (a) Except for a public officer in performance of a public duty, or a private person in giving legal notice on other than utility poles, it shall be unlawful for any person to paste, post, paint, print, nail, tack, or otherwise fasten any card, banner, handbill, sign, poster, outdoor advertising device, or notice of any kind or cause the same to be done, on any curbstone, lamppost, utility pole, streetlight pole, hydrant, bridge, tree, street sign, traffic sign, or traffic light upon any public property in the State, except as may be required by the ordinances of the county where it is posted, or by the laws of this State or of the United States.
(b) Notwithstanding subsection (a), a ground sign, as defined in section 445-111, shall be allowable in public places."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Outdoor Advertising; Ground Signs
Description:
Exempts certain ground signs from county outdoor advertising regulation. Allows ground signs to be posted in public places.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
