Bill Text: OR SB639 | 2011 | Regular Session | Enrolled


Bill Title: Relating to outdoor advertising signs; and prescribing an effective date.

Spectrum: Committee Bill

Status: (Passed) 2011-06-30 - Effective date, September 29, 2011. [SB639 Detail]

Download: Oregon-2011-SB639-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 639

Sponsored by COMMITTEE ON BUSINESS, TRANSPORTATION AND ECONOMIC
  DEVELOPMENT (at the request of Clear Channel Outdoor
  Advertising)

                     CHAPTER ................

                             AN ACT

Relating to outdoor advertising signs; creating new provisions;
  amending ORS 377.710, 377.720, 377.750 and 377.767; and
  prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 377.710 is amended to read:
  377.710. As used in ORS 377.700 to 377.840 unless the context
otherwise requires:
  (1) 'Back-to-back sign' means a sign with multiple display
surfaces mounted on a single structure with display surfaces
visible to traffic from opposite directions of travel.
  (2) 'Commercial or industrial zone' means an area, adjacent to
a state highway, that is zoned for commercial or industrial use
by or under state statute or local ordinance.
  (3) 'Council' means the Travel Information Council created by
ORS 377.835.
  (4) 'Cutout' means every type of display in the form of
letters, figures, characters or other representations in cutout
or irregular form attached to and superimposed upon a sign.
  (5) 'Department' means the Department of Transportation.
   { +  (6) '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. + }
    { - (6) - }  { +  (7) + } 'Director' means the Director of
Transportation.
    { - (7) - }  { +  (8) + } 'Display surface' means the area of
a sign available for the purpose of displaying a message.
    { - (8) - }  { +  (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.
    { - (9) - }  { +  (10) + } 'Erect' means to construct, build,
assemble, place, affix, attach, create, paint, draw or in any way
bring into being or establish.
    { - (10) - }  { +  (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.

Enrolled Senate Bill 639 (SB 639-A)                        Page 1

    { - (11) - }  { +  (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.
    { - (12) - }  { +  (13) + } 'Governmental unit' means the
federal government, the state, or a city, county or other
political subdivision or an agency thereof.
    { - (13) - }  { +  (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.
    { - (14) - }  { +  (15) + } 'Logo' means a symbol or design
used by a business as a means of identification of its products
or services.
    { - (15) - }  { +  (16) + } 'Logo sign' means a sign located
on highway right of way on which logos for gas, food, lodging and
camping are mounted.
    { - (16) - }  { +  (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.
    { - (17) - }  { +  (18) + } 'Main traveled way' means the
through traffic lanes, exclusive of frontage roads, auxiliary
lanes and ramps.
    { - (18) - }  { +  (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.
    { - (19) - }  { +  (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.
    { - (20) - }  { +  (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.
    { - (21) - }  { +  (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.

Enrolled Senate Bill 639 (SB 639-A)                        Page 2

    { - (22) - }  { +  (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.
    { - (23) - }  { +  (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.
    { - (24) - }  { +  (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.
    { - (25) - }  { +  (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.
    { - (26) - }  { +  (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.
    { - (27) - }  { +  (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.
    { - (28) - }  { +  (29) + } 'Secondary highway' means any
state highway other than an interstate highway or primary
highway.
    { - (29)(a) - }  { +  (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.
    { - (30) - }  { +  (31) + } 'Sign area' means the overall
dimensions of all panels capable of displaying messages on a sign
structure.
    { - (31) - }  { +  (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.
    { - (32) - }  { +  (33) + } 'Sign rules for protected areas'
means rules adopted by the department applicable to signs
displayed within protected areas.
    { - (33) - }  { +  (34) + } 'Sign structure' or 'structure'
means the supports, uprights, braces, poles, pylons, foundation
elements, framework and display surfaces of a sign.
    { - (34) - }  { +  (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.
    { - (35) - }  { +  (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.
    { - (36) - }  { +  (37) + } 'Traffic control sign or device'
means an official route marker, guide sign, warning sign, or sign

Enrolled Senate Bill 639 (SB 639-A)                        Page 3

directing or regulating traffic, which has been erected by or
under the order of the department.
    { - (37) - }  { +  (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.
    { - (38) - }  { +  (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.
    { - (39) - }  { +  (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.
    { - (40) - }  { +  (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.
  SECTION 2. ORS 377.720 is amended to read:
  377.720. 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;

Enrolled Senate Bill 639 (SB 639-A)                        Page 4

  (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.
  SECTION 3. ORS 377.750 is amended to read:
  377.750. (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:
_________________________________________________________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

        Minimum space
        between signsMinimum
         on same sidspace from
Type of hiofwhighwainterchange
where erec(in feet) (in feet)
Interstate Highway

Enrolled Senate Bill 639 (SB 639-A)                        Page 5

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

  Inside citie500      None
  Outside ci2,000       500
Freeway
  Inside citie500      None
  Outside ci1,000       500
Other state highway
  Inside citie100      None
  Outside citi500      None
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

  (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.
  SECTION 4. ORS 377.767 is amended to read:
  377.767. 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.
_________________________________________________________________

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

            Distance in Either
Types of HiDirection from Site

____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________

Enrolled Senate Bill 639 (SB 639-A)                        Page 6

  Interstate    2,000 feet
  Freeway       1,000 feet
  Other State High500 feet
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________

  (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.
    { - (6) If the outdoor advertising sign being relocated is
relocated as a tri-vision sign, the applicant shall obtain three
equivalent permits or relocation credits and the sign must meet
all requirements of this section. - }
    { - (7) If the outdoor advertising sign being relocated is
relocated as a back-to-back tri-vision sign or V-type tri-vision
sign, the applicant shall obtain six equivalent permits and the
sign must meet all requirements of this section. - }
  SECTION 5. { +  Sections 6 and 7 of this 2011 Act are added to
and made a part of ORS 377.700 to 377.840. + }
  SECTION 6.  { + (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.

Enrolled Senate Bill 639 (SB 639-A)                        Page 7

  (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. + }
  SECTION 7.  { + (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

Enrolled Senate Bill 639 (SB 639-A)                        Page 8

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. + }
  SECTION 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.
  (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. + }
  SECTION 9.  { + Section 8 of this 2011 Act is repealed on
January 2, 2013. + }
  SECTION 10.  { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 regular session of the
Seventy-sixth Legislative Assembly adjourns sine die. + }
                         ----------

Passed by Senate March 3, 2011

Repassed by Senate June 15, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 8, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 639 (SB 639-A)                        Page 9

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 639 (SB 639-A)                       Page 10
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