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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."

00 SENATE 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.