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REFERENCE TITLE: billboards; changing message; authorization |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2757 |
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Introduced by Representatives Robson, Weiers J, Senators Allen, Reagan: Representatives Campbell, Crandell, Fann, Forese, Jones, Mesnard, Olson, Pierce, Reeve, Urie, Vogt, Wheeler, Yee, Senators Biggs, Crandall, Griffin, Lopez, Meza, Nelson, Shooter
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AN ACT
amending sections 28‑7902 and 28‑7903, Arizona Revised Statutes; relating to outdoor advertising.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-7902, Arizona Revised Statutes, is amended to read:
28-7902. Outdoor advertising authorized
A. The following outdoor advertising may be placed or maintained along an interstate, secondary or primary system within six hundred sixty feet of the edge of the right‑of‑way:
1. Directional or other official signs or notices that are required or authorized by law, including signs pertaining to natural wonders and scenic and historic attractions.
2. Signs, displays and devices that are located on the premises of the activity that they advertise. This paragraph applies to any sign that is located on the premises of a comprehensive development that the sign advertises if the placement of the sign does not cause a reduction of federal aid highway monies pursuant to 23 United States Code section 131. For the purposes of this paragraph, "activity" means the active use or collective uses of the premises.
3. Signs, displays and devices advertising the sale or lease of the property on which they are located.
4. Signs, displays and devices lawfully placed after April 1, 1970 in business areas.
5. Signs, displays and devices lawfully placed after either:
(a) July 1, 1974 in zoned or unzoned commercial or industrial areas inside municipal limits.
(b) April 1, 1972 in unzoned commercial or industrial areas outside municipal limits.
6. Signs, displays and devices that are lawfully existing on April 1, 1970 and that are located in business areas and in zoned commercial or industrial areas outside municipal limits.
7. Signs, displays and devices lawfully existing on either:
(a) July 1, 1974 that are located in zoned or unzoned commercial or industrial areas inside municipal limits.
(b) April 1, 1972 in unzoned commercial or industrial areas outside municipal limits.
8. Nonconforming tourist related advertising displays that are lawfully erected and in existence on May 5, 1976, that are located in defined hardship areas, that provide specific directional information to the traveling public and that are approved by the United States secretary of transportation pursuant to 23 United States Code section 131(o).
9. A sign located in a charter city adjacent to an interstate highway with a changing message for identification of businesses that are located on separate contiguous parcels and that are part of a single development approved by a city council as part of a development agreement entered into before April 22, 1990. The changing message may not contain words or phrases that continuously travel or scroll in a manner that presents a message longer than may be displayed on the sign at one instant in time. The director may adopt rules governing the interval within which a message may be displayed or changed. This paragraph does not alter, change or affect any other statute, rule, regulation, policy or interpretation concerning the use of signs with changing messages or the ownership of property on which the signs are located.
B. Outdoor advertising authorized under subsection A, paragraphs 1, 4 and 5 shall conform with standards contained and shall bear permits required in rules adopted by the director under this article, except that the authorized outdoor advertising along highways in the secondary system that are not state highways need only bear permits required by the responsible county or municipal authority.
C. Outdoor advertising authorized under subsection A, paragraphs 6 and 7 need not conform to standards contained but shall bear permits required in rules adopted by the director under this article, except that the authorized outdoor advertising along highways in the secondary system that are not state highways need only bear permits required by the responsible county or municipal authority.
D. If preservation would be consistent with this article, signs may be preserved or maintained if they were lawfully in existence on October 22, 1965 and if the director determines, subject to the approval of the United States secretary of transportation as provided for by 23 United States Code section 131(c), that they are landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance.
E. Outdoor advertising authorized under this section may include billboards that are capable of changing messages mechanically or electronically by remote or automatic means if each static message displayed remains fixed for at least eight seconds.
Sec. 2. Section 28-7903, Arizona Revised Statutes, is amended to read:
28-7903. Outdoor advertising prohibited
A. Outdoor advertising shall not be placed or maintained adjacent to the interstate, secondary or primary systems at the following locations or positions, under any of the following conditions or if the outdoor advertising is of the following nature:
1. If it is within view of, directed at and intended to be read from the main traveled way of the interstate, primary or secondary systems, except outdoor advertising authorized under section 28‑7902.
2. If it is visible from the main traveled way and simulates or imitates a directional, warning, danger or information sign permitted under this article, if it is likely to be mistaken for any such permitted sign or if it is intended or likely to be construed as giving warning to traffic, such as by the use of the words "stop" or "slow down".
3. If it is within any stream or drainage channel or below the flood water level of any stream or drainage channel where the outdoor advertising might be deluged by floodwaters and swept under any highway structure crossing the stream or drainage channel or against the supports of the highway structure.
4. If it is visible from the main traveled way and displays a red, flashing, blinking, intermittent or moving light or lights likely to be mistaken for a warning or danger signal, except that as provided in section 28‑7902 and except for any part necessary to give public service information such as time, date, weather, temperature or similar information.
5. If an illumination on the outdoor advertising is of such brilliance and in such a position as to blind or dazzle the vision of travelers on the main traveled way.
6. If it exists under a permit as required by this article and is not maintained in safe condition.
7. If it is obviously abandoned.
8. If it is placed in a manner that either:
(a) Obstructs or otherwise physically interferes with an official traffic sign, signal or device.
(b) Obstructs or physically interferes with the vision of drivers in approaching, merging or intersecting traffic.
9. If it is placed on trees or painted or drawn on rocks or other natural features, except signs permitted by section 28‑7902, subsection A, paragraph 2.
B. At interchanges on freeways or interstate highways outside municipal limits, an outdoor advertising sign, display or device shall not be erected in the area between the crossroad and a point five hundred feet beyond the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.