CSHB 367(TRA): "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising."
00CS FOR HOUSE BILL NO. 367(TRA) 01 "An Act relating to limitations on outdoor advertising signs, displays, and devices 02 and penalties for violations related to outdoor advertising." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 19.25.105(a) is amended to read: 05 (a) Outdoor advertising may not be erected or maintained within 660 feet of 06 the nearest edge of the right-of-way and visible from the main-traveled way of the 07 interstate, primary, or secondary highways in this state except the following: 08 (1) directional and other official signs and notices which include, but 09 are not limited to, signs and notices pertaining to natural wonders, scenic and historic 10 attractions, which are required or authorized by law, and which shall conform to 11 federal standards for interstate and primary systems; 12 (2) signs, displays, and devices advertising the sale or lease of property 13 upon which they are located or advertising activities conducted on the property upon 14 which they are located;
01 (3) signs determined by the state, subject to concurrence of the United 02 States Department of Transportation, to be landmark signs, including signs on farm 03 structures, or natural surfaces, of historic or artistic significance, the preservation of 04 which would be consistent with the provisions of this chapter; 05 (4) directional signs and notices pertaining to schools; 06 (5) advertising on bus benches or bus shelters if 07 (A) the state determines that the advertising conforms to local, 08 state, and federal standards for interstate and primary highways; 09 (6) directional signs whose size, lighting, and spacing, are approved 10 by the United States Department of Transportation, may be erected and 11 maintained outside of the right-of-way adjacent to interstate and primary 12 highways in areas zoned industrial or commercial or in unzoned commercial or 13 industrial areas as may be determined by agreement with the United States 14 Department of Transportation; under this paragraph, the directional signs must 15 (A) be for an individual business entity that is of significant 16 interest to the traveling public as evidenced by documentation that at least 17 75 percent of the entity's gross business receipts are from motorists 18 residing more than 20 miles from the business; 19 (B) consist of four or fewer off-premises signs for each 20 business, and each sign 21 (i) must be located on private property; 22 (ii) must provide directional information; 23 (iii) must indicate the specific business entity; 24 (iv) must be located within 50 miles of the physical 25 location of the business entity; and 26 (v) may not exceed 8 feet by 12 feet in size 27 [HIGHWAY SYSTEMS]. 28 * Sec. 2. AS 19.25.105(d) is amended to read: 29 (d) Outdoor advertising may not be erected or maintained within the 30 right-of-way of an interstate, primary, or secondary highway except that 31 (1) outdoor advertising is allowed on bus benches and bus shelters
01 located within the right-of-way under the authority of a permit issued under 02 AS 19.25.200, if the bus benches or bus shelters are located within a borough or 03 unified municipality and the buses that stop at that location operate during the entire 04 year; 05 (2) signs, displays, and devices located on right-of-way property 06 leased from the state that advertise activities conducted on business property 07 adjacent to the highway may be erected and maintained; 08 (3) signs within the right-of-way that give specific business 09 information in the interest of the traveling public may be erected and maintained 10 to the extent permitted under federal law or regulation. 11 * Sec. 3. AS 19.25.130 is amended to read: 12 Sec. 19.25.130. PENALTY FOR VIOLATION. A person who violates 13 AS 19.25.080 - 19.25.180, or a regulation adopted under AS 19.25.080 - 19.25.180 14 [THEM], is guilty of a violation [MISDEMEANOR] and upon conviction is 15 punishable by a fine of not less than $250 [$50] nor more than $2,500 [$1,000]. 16 * Sec. 4. AS 19.25.180 is repealed and reenacted to read: 17 Sec. 19.25.180. APPLICABILITY OF MUNICIPAL ENACTMENTS. 18 Notwithstanding AS 19.25.080 - 19.25.180, a municipality may enact ordinances that 19 regulate outdoor advertising in a way that is more restrictive than the provisions of 20 AS 19.25.080 - 19.25.180, except that a municipality may not restrict directional signs 21 allowed under AS 19.25.105(a)(6). 22 * Sec. 5. AS 19.45.002 is amended to read: 23 Sec. 19.45.002. PENALTIES. A person who violates a [ANY] provision of 24 AS 19.05 - AS 19.25, except a violation of AS 19.25.080 - 19.25.180, is guilty of a 25 misdemeanor and upon conviction is punishable by a fine of not less than $10 nor 26 more than $500, or by imprisonment in jail for a period not to exceed one year, or by 27 both. 28 * Sec. 6. 17 AAC 20.010 is annulled.