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SB 181: "An Act relating to directional and informational signs, displays, and devices and penalties for violations related to outdoor advertising."

00SENATE BILL NO. 181 01 "An Act relating to directional and informational signs, displays, and devices and 02 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 the state determines 07 that the advertising conforms to local, state, and federal standards for interstate and 08 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 15  (A) must be for an individual business entity that is of 16 significant interest to the traveling public as evidenced by documentation 17 that at least 75 percent of the entity's gross business receipts are from 18 motorists residing more than 20 miles from the business; 19  (B) must be consistent with format and size standards 20 established by the department; 21  (C) may be located on private property; 22  (D) must provide only directional information; 23  (E) must indicate the specific business entity; and 24  (F) must be located 25  (i) if the business entity is physically located on an 26 interstate or primary highway, within one mile of the physical 27 location of the business entity; or 28  (ii) if the business entity is physically located on a 29 road that is not an interstate or primary highway, within three 30 miles of the nearest junction of the road with an interstate or 31 primary highway [SYSTEMS].

01 * Sec. 2. AS 19.25.105(d) is amended to read: 02  (d) Outdoor advertising may not be erected or maintained within the 03 right-of-way of an interstate, primary, or secondary highway except that 04  (1) outdoor advertising is allowed on bus benches and bus shelters 05 located within the right-of-way under the authority of a permit issued under 06 AS 19.25.200, if the bus benches or bus shelters are located within a borough or 07 unified municipality and the buses that stop at that location operate during the entire 08 year; 09  (2) directional signs, displays, and devices located on right-of-way 10 property leased from the state that advertise activities conducted on or abutting 11 the leased property may be erected and maintained; 12  (3) directional signs within the right-of-way that give specific 13 business information in the interest of the traveling public may be erected and 14 maintained to the extent permitted under federal law. 15 * Sec. 3. AS 19.25.130 is amended to read: 16  Sec. 19.25.130. PENALTY FOR VIOLATION. A person who violates 17 AS 19.25.080 - 19.25.180, or a regulation adopted under AS 19.25.080 - 19.25.180 18 [THEM], is guilty of a violation [MISDEMEANOR] and upon conviction is 19 punishable by a fine of not less than $50 nor more than $1,000. 20 * Sec. 4. AS 19.25.180 is repealed and reenacted to read: 21  Sec. 19.25.180. MUNICIPAL ENACTMENTS. (a) Notwithstanding 22 AS 19.25.080 - 19.25.180, a municipality may enact ordinances that regulate outdoor 23 advertising in a way that is more restrictive than the provisions of AS 19.25.080 - 24 19.25.180. 25  (b) A municipality may enact by ordinance standards for directional signs, 26 displays, and devices that have been adopted by the department. 27 * Sec. 5. AS 19.45.002 is amended to read: 28  Sec. 19.45.002. PENALTIES. A person who violates a [ANY] provision of 29 AS 19.05 - AS 19.25, except a violation of AS 19.25.080 - 19.25.180, is guilty of a 30 misdemeanor and upon conviction is punishable by a fine of not less than $10 nor 31 more than $500, or by imprisonment in jail for a period not to exceed one year, or by

01 both. 02 * Sec. 6. 17 AAC 20.010 is annulled.