SSSB 181: "An Act relating to the promotion of Alaska businesses through signs, displays, and devices within or adjacent to highway rights-of-way, to municipal regulation of directional signs, displays, and devices, and to penalties for violations related to outdoor advertising."
00SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181 01 "An Act relating to the promotion of Alaska businesses through signs, displays, 02 and devices within or adjacent to highway rights-of-way, to municipal regulation 03 of directional signs, displays, and devices, and to penalties for violations related 04 to outdoor advertising." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 19.25.105(a) is amended to read: 07 (a) Outdoor advertising may not be erected or maintained within 660 feet of 08 the nearest edge of the right-of-way and visible from the main-traveled way of the 09 interstate, primary, or secondary highways in this state except the following: 10 (1) directional and other official signs and notices which include, but 11 are not limited to, signs and notices pertaining to natural wonders, scenic and historic 12 attractions, which are required or authorized by law, and which shall conform to 13 federal standards for interstate and primary systems; 14 (2) signs, displays, and devices advertising the sale or lease of property
01 upon which they are located or advertising activities conducted on the property upon 02 which they are located; 03 (3) signs determined by the state, subject to concurrence of the United 04 States Department of Transportation, to be landmark signs, including signs on farm 05 structures, or natural surfaces, of historic or artistic significance, the preservation of 06 which would be consistent with the provisions of this chapter; 07 (4) directional signs and notices pertaining to schools; 08 (5) advertising on bus benches or bus shelters, and adjacent trash 09 receptacles, if the state determines that the advertising conforms to local, state, and 10 federal standards for interstate and primary highways; 11 (6) signs whose size, lighting, and spacing are approved by the 12 United States Department of Transportation, may be erected and maintained 13 outside of the right-of-way adjacent to interstate and primary highways in areas 14 zoned industrial or commercial or in unzoned commercial or industrial areas as 15 may be determined by agreement with the United States Department of 16 Transportation; under this paragraph, the signs 17 (A) must be for an individual business entity that is of 18 significant interest to the traveling public as evidenced by documentation 19 that at least 25 percent of the entity's gross business receipts are from 20 motorists residing more than 20 miles from the business; 21 (B) must be consistent with format and size standards 22 established by the department; 23 (C) may be located on private property; 24 (D) must provide only directional information; 25 (E) must indicate the specific business entity; and 26 (F) must be located 27 (i) if the business entity is physically located on an 28 interstate or primary highway, within one mile of the physical 29 location of the business entity; or 30 (ii) if the business entity is physically located on a 31 road that is not an interstate or primary highway, within six miles
01 of the nearest junction of the road with an interstate or primary 02 highway. 03 * Sec. 2. AS 19.25.105(d) is amended to read: 04 (d) Outdoor advertising may not be erected or maintained within the 05 right-of-way of an interstate, primary, or secondary highway except that 06 (1) outdoor advertising is allowed on bus benches and bus shelters, and 07 adjacent trash receptacles, located within the right-of-way under the authority of a 08 permit issued under AS 19.25.200, if the bus benches or bus shelters are located within 09 a borough or unified municipality and the buses that stop at that location operate 10 during the entire year; 11 (2) signs within the right-of-way that give specific business 12 information in the interest of the traveling public may be erected and maintained 13 to the extent permitted under federal law and under departmental regulations 14 governing tourist oriented directional signs. 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 amended by adding a new subsection to read: 21 (b) A municipality may enact by ordinance standards for directional signs, 22 displays, and devices that have been adopted by the department. 23 * Sec. 5. AS 19.45.002 is amended to read: 24 Sec. 19.45.002. PENALTIES. A person who violates a [ANY] provision of 25 AS 19.05 - AS 19.25, other than a provision of AS 19.25.080 - 19.25.180, is guilty 26 of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor 27 more than $500, or by imprisonment in jail for a period not to exceed one year, or by 28 both. 29 * Sec. 6. 17 AAC 20.010 is annulled.