Bill Text: HI SB500 | 2010 | Regular Session | Introduced


Bill Title: Outdoor Advertising

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB500 Detail]

Download: Hawaii-2010-SB500-Introduced.html

Report Title:

Outdoor Advertising

 

Description:

Limits the size of outdoor advertising displays on residential property.

 


THE SENATE

S.B. NO.

500

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO OUTDOOR ADVERTISING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that owners and residents of residential properties should be allowed to display signs and other outdoor advertising devices on their property in a manner that will not, by their size, location, or method of display, interfere with traffic safety or otherwise endanger the public health, safety, and welfare. 

     The purpose of this Act is to:

     (1)  Preserve the character of residential neighborhoods;

     (2)  Preserve order and cleanliness;

     (3)  Avoid the appearance of clutter;

     (4)  Protect property values;

     (5)  Avoid the propagation of litter and the growth of weeds around signs;

     (6)  Reduce traffic hazards caused by distractions to motorists and impairment of sight lines;

     (7)  Ensure that the State remains an attractive place to live, work, and visit;

     (8)  Protect the outstanding scenic beauty of our community;

     (9)  Reduce administrative burdens; and

    (10)  Protect the health, safety, and welfare of the public.

     It is not the purpose of this Act to regulate or control the copy, content, or viewpoint of any type of sign, nor is it the intent of this Act to create any greater or less protection for any specific type of speech, commercial or non-commercial.

     SECTION 2.  Chapter 445, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§445-    Residential property limitations.  (a)  No sign, billboard, or outdoor advertising device subject to section 445-112 and displayed on residential property may be larger than four feet by two feet; provided that the total area of all signs for each residential property unit shall not exceed sixteen square feet.

     (b)  No sign, billboard, or outdoor advertising device under section 445-112 may be displayed on residential property if the tenant or owner of the property has received any payment, fee, or valuable consideration in return for the display; provided that valuable consideration does not include any benefit derived by the tenant or owner of the property from the effect of the advertising.

     (c)  In a multi-unit residential structure, each separate unit shall be entitled to display signs, billboards, or outdoor advertising devices meeting the requirements listed in subsection (a); provided that multi-unit residential structures may display, in their common areas, signs that are no larger than eight feet by four feet; and provided further that the total area of all signs in the common areas shall not exceed sixty-four square feet.  This subsection shall apply only if signs are permitted to be displayed by the rules of the association of apartment owners.

     (d)  Nothing in this section is intended to permit any sign, billboard, or outdoor advertising device otherwise prohibited by county ordinance.

     (e)  For purposes of this section, the term "residential property" refers to separate residential properties that have separate tax map keys."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect July 1, 2009.

 

INTRODUCED BY:

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