HB 1689 - Highways; multiple message signs; provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 1689 - Highways; multiple message signs; provisions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Williams 114th 2. Connell 115th
House Comm: Trans / Senate Comm: Trans /
House Vote: Yeas 164 Nays 0 Senate Vote: Yeas 44 Nays 1
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House Action Senate
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2/14/96 Read 1st Time 3/6/96
2/15/96 Read 2nd Time 3/13/96
2/27/96 Favorably Reported 3/13/96
3/6/96 Read 3rd Time 3/15/96
3/6/96 Passed/Adopted 3/15/96
FA Comm/Floor Amend/Sub
4/1/96 Sent to Governor
4/15/96 Signed by Governor
937 Act/Veto Number
4/15/96 Effective Date
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Code Sections amended: 32-6-71, 32-6-75, 32-6-76
HB 1689 LC 10 1644
H. B. No. 1689 (AM)
By: Representatives Williams of the 114th and Connell
of the 115th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the
1- 2 Official Code of Georgia Annotated, relating to the control
1- 3 of signs and signals on the state highway system, so as to
1- 4 provide that multiple message signs shall be permitted on
1- 5 the interstate system, primary highways, and other highways
1- 6 under certain conditions; to define a certain term; to
1- 7 change the definition of a certain term; to change the
1- 8 provisions relating to restrictions on outdoor advertising
1- 9 authorized by paragraphs (4) through (6) of Code Section
1-10 32-6-72 and by paragraph (4) of Code Section 32-6-73; to
1-11 provide for multiple message signs which were not in
1-12 conformity with certain prior laws; to provide a permitting
1-13 procedure for such signs; to provide for administrative
1-14 procedures; to provide a certain presumption of eligibility
1-15 for a permit; to provide a presumption that such a sign has
1-16 been abandoned; to change a certain reference; to provide
1-17 for related matters; to provide for an effective date; to
1-18 repeal conflicting laws; and for other purposes.
1-19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-20 Part 2 of Article 3 of Chapter 6 of Title 32 of the Official
1-21 Code of Georgia Annotated, relating to the control of signs
1-22 and signals on the state highway system, is amended by
1-23 adding between paragraphs (11) and (12) of Code Section
1-24 32-6-71, relating to definitions applicable to said part, a
1-25 new paragraph (11.1) to read as follows:
1-26 "(11.1) 'Multiple message sign' means a sign, display,
1-27 or device which changes the message or copy on the sign
1-28 electronically by movement or rotation of panels or
1-29 slats."
SECTION 2.
1-30 Said part is further amended by striking in its entirety
1-31 paragraph (23) of Code Section 32-6-71, relating to
H. B. No. 1689
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LC 10 1644
2- 1 definitions applicable to said part, and inserting in lieu
2- 2 thereof a new paragraph (23) to read as follows:
2- 3 "(23) 'Specific interest of the traveling public' means
2- 4 information regarding places offering lodging, food,
2- 5 motor vehicle fuels and lubricants, motor vehicle
2- 6 service and repair facilities, or any other service or
2- 7 product available to the general public, including, but
2- 8 not limited to, publicly or privately owned natural
2- 9 phenomena; historic, cultural, scientific, educational,
2-10 or religious sites; and areas of natural scenic beauty
2-11 or areas naturally suited for outdoor recreation."
SECTION 3.
2-12 Said part is further amended by striking in its entirety
2-13 Code Section 32-6-75, relating to restrictions on outdoor
2-14 advertising authorized by paragraphs (4) through (6) of Code
2-15 Section 32-6-72 and by paragraph (4) of Code Section
2-16 32-6-73, and inserting in lieu thereof a new Code Section
2-17 32-6-75 to read as follows:
2-18 "32-6-75. (Index)
2-19 (a) No sign authorized by paragraphs (4) through (6) of
2-20 Code Section 32-6-72 and paragraph (4) of Code Section
2-21 32-6-73 shall be erected or maintained which:
2-22 (1) Advertises an activity that is illegal under Georgia
2-23 or federal laws or regulations in effect at the location
2-24 of such sign or at the location of such activity;
2-25 (2) Is obsolete;
2-26 (3) Is not structurally safe, clean, and in good repair;
2-27 (4) Is not securely affixed to a substantial structure
2-28 which is permanently attached to the ground;
2-29 (5) Is attached to, drawn, or painted upon trees, rocks,
2-30 or other natural features;
2-31 (6) Moves or has any moving or animated parts, except as
2-32 expressly allowed under subsection (b) of this Code
2-33 section;
2-34 (7) Emits or utilizes in any manner any sound capable of
2-35 being detected on the main traveled way by a person with
2-36 normal hearing;
2-37 (8) If illuminated, contains, includes, or is
2-38 illuminated by any flashing, intermittent, or moving
H. B. No. 1689
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LC 10 1644
3- 1 light or lights except those giving public service
3- 2 information such as time, date, temperature, weather, or
3- 3 other similar information. The illumination of multiple
3- 4 message signs is not illumination by flashing,
3- 5 intermittent, or moving light or lights, except that no
3- 6 multiple message sign may include any illumination which
3- 7 is flashing, intermittent, or moving when the sign is in
3- 8 a fixed position;
3- 9 (9) If illuminated, is not effectively shielded so as to
3-10 prevent beams or rays of light from being directed at
3-11 any portion of the traveled way, which beams or rays are
3-12 of such intensity or brilliance as to cause glare or to
3-13 impair the vision of the driver of any motor vehicle or
3-14 which otherwise interfere with the operation of a motor
3-15 vehicle;
3-16 (10) If illuminated, is illuminated so that it obscures
3-17 or interferes with the effectiveness of an official
3-18 traffic sign, device, or signal;
3-19 (11) Contains an area, to be measured by the smallest
3-20 square, rectangle, triangle, circle, or combination
3-21 thereof, which encompasses the entire sign, in excess of
3-22 1,200 square feet or exceeding 30 feet in height or 60
3-23 feet in length, inclusive of any border and trim but
3-24 excluding the base, apron, supports, and other
3-25 structural members; provided, however, that, in counties
3-26 having a population greater than 500,000 according to
3-27 the United States decennial census for 1970 or any such
3-28 future census, the maximum size of 1,200 square feet,
3-29 the maximum height of 30 feet, and the maximum length of
3-30 60 feet may be exceeded, but in no event shall any such
3-31 sign exceed 3,000 square feet; provided, further, that
3-32 no such oversize signs shall be erected after July 1,
3-33 1973;
3-34 (12) Contains more than two faces visible from the same
3-35 direction on the main-traveled way. Double-faced,
3-36 back-to-back, and V-type constructed signs shall, for
3-37 the purpose of determining compliance with size and
3-38 spacing limitations, be considered as one sign;
3-39 (13) Is in an area not zoned for commercial or
3-40 industrial activity and within 300 feet of a residence
3-41 without the written consent of the owner;
H. B. No. 1689
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LC 10 1644
4- 1 (14) Is within 500 feet of a public park, public
4- 2 playground, public recreation area, public forest,
4- 3 scenic area, or cemetery;
4- 4 (15) Is located so as to obscure or otherwise interfere
4- 5 with the effectiveness of an official traffic sign,
4- 6 signal, or device;
4- 7 (16) Is located so as to obscure or otherwise interfere
4- 8 with a motor vehicle operator's view of approaching,
4- 9 merging, or intersecting traffic;
4-10 (17) Is located adjacent to an interstate highway and
4-11 which is within 500 feet of another sign on the same
4-12 side of the highway; provided, however, that such sign
4-13 may be located within 500 feet of another sign when the
4-14 signs are separated by buildings or other obstructions
4-15 so that only one sign face located within the 500 foot
4-16 zone is visible from the interstate highway at any time;
4-17 (18) Is located outside of the corporate limits of a
4-18 municipality and adjacent to an interstate highway
4-19 within 500 feet of an interchange, intersection at
4-20 grade, or safety rest area. The foregoing 500 foot zone
4-21 shall be measured along the interstate highway from the
4-22 point at which the pavement commences or ceases to widen
4-23 at exits from or entrances to the main traveled way;
4-24 (19) Is located outside of the corporate limits of a
4-25 municipality and adjacent to a highway on the primary
4-26 system and which is within 300 feet of another sign on
4-27 the same side of the highway; provided, however, that
4-28 such sign may be located within 300 feet of another sign
4-29 when the signs are separated by buildings or other
4-30 obstructions so that only one sign face located within
4-31 the 300 foot zone is visible from the primary system
4-32 highway at any one time; or
4-33 (20) Is located within the corporate limits of a
4-34 municipality and adjacent to a highway on the primary
4-35 system and which is within 100 feet of another sign on
4-36 the same side of the highway; provided, however, that
4-37 such sign may be located within 100 feet of another sign
4-38 when the signs are separated by buildings or other
4-39 obstructions so that only one sign face located within
4-40 the 100 foot zone is visible from the primary system
4-41 highway at any one time.
H. B. No. 1689
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LC 10 1644
5- 1 (b)(1) Multiple message signs shall be permitted on the
5- 2 interstate system, primary highways, and other highways
5- 3 under the following conditions:
5- 4 (A) Each sign shall remain fixed for at least ten
5- 5 seconds;
5- 6 (B) When a message is changed, it shall be
5- 7 accomplished in three seconds or less;
5- 8 (C) No such sign shall be placed within 5,000 feet of
5- 9 another multiple message sign on the same side of the
5-10 highway;
5-11 (D) Any such sign shall contain a default design that
5-12 will freeze the sign in one position if a malfunction
5-13 occurs; and
5-14 (E) Any maximum size limitations shall apply
5-15 independently to each side of a multiple message sign.
5-16 (2) If a multiple message sign on a primary highway or
5-17 other highway is in violation of any of the above
5-18 conditions, its permit shall be revoked and the sign
5-19 shall be removed. During the appeal of any violations of
5-20 paragraph (1) of this subsection, the sign shall remain
5-21 fixed until the matter is resolved. The commissioner may
5-22 allow the continued operation of a multiple message sign
5-23 during part or all of the appeals process.
5-24 (3) After the effective date of this subsection, all
5-25 persons, firms, or corporations who have signs that were
5-26 illegal signs under previous law, but which are legal
5-27 signs under the provisions of this subsection, shall
5-28 have a one-year period during which time they shall be
5-29 required to file an application for a permit issued by
5-30 the department. Applications for such permits shall be
5-31 made upon forms prescribed and provided by the
5-32 department and shall contain the signature of the
5-33 applicant and such other information as may be required
5-34 by the department rules and regulations. The department
5-35 shall have a period of 60 days from the date such an
5-36 application is received to process it. If, at the end
5-37 of this 60 day period, the department has failed to
5-38 approve or deny an application in proper form, it shall
5-39 be conclusively presumed for all purposes that the sign
5-40 can be permitted and the department must issue the
5-41 permit within a reasonable time. Should the department
5-42 deny the application, the applicant may seek relief in
H. B. No. 1689
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LC 10 1644
6- 1 accordance with Chapter 13 of Title 50, the 'Georgia
6- 2 Administrative Procedure Act.' In cases where the
6- 3 applicant fails to exhaust the procedures prescribed by
6- 4 Chapter 13 of Title 50, the 'Georgia Administrative
6- 5 Procedure Act,' the department's denial of the permit
6- 6 request will be final and the sign shall then become an
6- 7 illegal sign as defined by paragraph (6) of Code Section
6- 8 32-6-71 and shall be subject to removal under the terms
6- 9 of this part. If the owner of the sign fails to apply
6-10 properly for a permit and it is conclusively presumed
6-11 that the sign has been abandoned, the sign shall remain
6-12 an illegal sign as defined by paragraph (6) of Code
6-13 Section 32-6-71 and the sign shall be subject to removal
6-14 under the terms of this part."
SECTION 4.
6-15 Said part is further amended by striking in its entirety
6-16 Code Section 32-6-76, relating to restrictions on
6-17 directional signs generally, and inserting in lieu thereof a
6-18 new Code Section 32-6-76 to read as follows:
6-19 "32-6-76. (Index)
6-20 Paragraphs (1) through (7), (9), (10), (13) through (17),
6-21 (19), and (20) of subsection (a) of Code Section 32-6-75
6-22 are applicable to directional signs authorized by
6-23 paragraph (1) of Code Section 32-6-72 and paragraph (1) of
6-24 Code Section 32-6-73; and, in addition thereto, no
6-25 directional sign shall be erected or maintained which:
6-26 (1) Is located in a rest area, parkland, or scenic area;
6-27 (2) Contains an area, to be measured by the smallest
6-28 square, rectangle, triangle, circle, or combination
6-29 thereof, which encompasses the entire sign, in excess of
6-30 150 square feet or exceeding 20 feet in height or 20
6-31 feet in length, inclusive of any border and trim but
6-32 excluding the base, apron, supports, and other
6-33 structural members;
6-34 (3) Contains, includes, or is illuminated by any
6-35 flashing, intermittent, or moving light or lights;
6-36 (4) Is located adjacent to an interstate highway and
6-37 which is within 2,000 feet of an interchange or
6-38 intersection at grade. The foregoing 2,000 foot zone
6-39 shall be measured along the interstate highway from the
6-40 point at which the pavement commences or ceases to widen
6-41 at exits from or entrances to the main traveled way;
H. B. No. 1689
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LC 10 1644
7- 1 (5) Is located within 2,000 feet of a rest area,
7- 2 parkland, or scenic area;
7- 3 (6) Is located within one mile of another directional
7- 4 sign facing the same direction of travel;
7- 5 (7) Creates the existence of more than three directional
7- 6 signs pertaining to the same activity facing the same
7- 7 direction of travel along a single route approaching the
7- 8 activity;
7- 9 (8) Is located along the interstate system at a point
7-10 more than 75 air miles from the advertised activity;
7-11 (9) Is located along the primary system at a point more
7-12 than 50 air miles from the advertised activity;
7-13 (10) Contains information other than the identification
7-14 of the attraction or activity and directional
7-15 information useful to the traveler in locating the
7-16 attraction, such as mileage, route numbers, or exit
7-17 numbers. The sign shall not contain descriptive words,
7-18 phrases, or pictorial or photographic representations of
7-19 the activity or its environs;
7-20 (11) Advertises privately owned activities or
7-21 attractions other than natural phenomena, scenic
7-22 attractions, historic, educational, cultural,
7-23 scientific, and religious sites, and outdoor
7-24 recreational areas and which are nationally or
7-25 regionally known and are of outstanding interest to the
7-26 traveling public, as determined by the State
7-27 Transportation Board."
SECTION 5.
7-28 This Act shall become effective upon its approval by the
7-29 Governor or upon its becoming law without such approval.
SECTION 6.
7-30 All laws and parts of laws in conflict with this Act are
7-31 repealed.
H. B. No. 1689
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97