2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 89 - OUTDOOR ADVERTISING CONTROL ACT OF 1971 - CONTROL OF OUTDOOR ADVERTISING, REMOVAL OF PROHIBITED ADVERTISING DEVICES, PENALTIES FOR VIOLATION AND IMPOSING A DUTY ON THE SECRETARY OF TRANSPORTATION TO NOTIFY THE FEDERAL HIGHWAY ADMINISTRATION
Session of 2022
No. 2022-89
SB 1093
AN ACT
Amending the act of December 15, 1971 (P.L.596, No.160), entitled "An act providing for the control and regulation of outdoor advertising adjacent to the interstate and primary highway systems within this Commonwealth; providing for administration by the Department of Transportation to comply with Federal requirements as a condition to the receipt of highway funds; fixing penalties and making appropriations," further providing for definitions, for control of outdoor advertising, for removal of prohibited advertising devices and for penalties for violation; and imposing a duty on the Secretary of Transportation to notify the Federal Highway Administration.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 3(1) and (2) of the act of December 15, 1971 (P.L.596, No.160), known as the Outdoor Advertising Control Act of 1971, are amended and the section is amended by adding clauses to read:
Section 3. Definitions.--As used in this act:
[(1) "Department" shall mean the Department of Transportation of the Commonwealth of Pennsylvania and "secretary" shall mean the Secretary of Transportation of the Commonwealth of Pennsylvania.]
(1.1) "Charitable association" shall mean a not-for-profit group or body of persons which is created and exists for the purpose of performing a humane service; promoting the good and welfare of the aged, poor, infirm or distressed; combating juvenile delinquency; or advancing the spiritual, mental, social and physical improvement of young individuals.
(1.2) "Department" shall mean the Department of Transportation of the Commonwealth.
(2) "Erect" means to construct, build, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance and repair of a sign or sign structure[.], including a change of an existing external light fixture to energy-efficient lighting provided that, for signs that were legally erected but do not conform to the requirements of this act, such lighting does not require any structural changes to a sign or include any bracing, guy wire or other reinforcing devices or upgrades to the sign's structural support.
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(6.1) "Religious service organization" shall mean a not-for-profit group or body of persons that is created and exists for the predominant purpose of regularly holding or conducting religious activities or religious education, without pecuniary benefit to an officer, member or shareholder, except as reasonable compensation for actual services rendered to the organization.
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(7.1) "Secretary" shall mean the Secretary of Transportation of the Commonwealth.
(7.2) "Service club" shall mean a not-for-profit club which is created and exists for the purpose of performing a humane service.
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Section 2. Sections 4, 10 and 11 of the act are amended to read:
Section 4. Control of Outdoor Advertising.--To effectively control outdoor advertising, while recognizing it to be a legitimate commercial use of property and an integral part of the business and marketing function, no outdoor advertising device shall be erected or maintained: (1) within six hundred sixty feet of the nearest edge of the right-of-way if any part of the advertising or informative contents is visible from the main-traveled way of an interstate or primary highway, except:
(i) Official signs and notices which are required or authorized by law and which shall conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to section 131 of Title 23, United States Code.
(ii) Outdoor advertising devices advertising the sale or lease of the real property upon which they are located.
(iii) Outdoor advertising devices advertising activities conducted on the property on which they are located.
(iv) Outdoor advertising devices in zoned or unzoned commercial or industrial areas along those portions of the interstate system constructed on right-of-way, any part of the width of which was acquired on or before July 1, 1956.
(v) Outdoor advertising devices in areas zoned commercial or industrial along the interstate system and lying within the boundaries of any incorporated municipality as such boundaries existed on September 21, 1959, and devices located in any other area which, as of September 21, 1959, was clearly established by law as industrial or commercial.
(vi) Outdoor advertising devices in zoned or unzoned commercial or industrial areas along the primary system.
(vii) Outdoor advertising devices in the specific interest of the traveling public which are authorized to be erected or maintained by the secretary and which are designed to give information in the interest of the traveling public.
(viii) Directional signs, including but not limited to, signs pertaining to natural wonders, scenic and historical attractions, and other points of interest to the traveling public which shall conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to section 131 of Title 23, United States Code.
(ix) Any other outdoor advertising devices permitted or authorized along the interstate system by the official agreement executed June 23, 1961, between the Commonwealth and the Federal Government; provided such outdoor advertising devices do not violate the provisions of Title 23, United States Code, "Highways."[; or]
(x) Outdoor advertising devices permitted under section 1425 of the Fixing America's Surface Transportation Act (Public Law 114-94, 129 Stat. 1312); or
(2) More than six hundred sixty feet from the nearest edge of such a right-of-way and visible aforesaid, if located outside of urban areas and erected with the purpose of its message being read from such a main-traveled way, except:
(i) Official signs and notices which are required or authorized by law and which shall conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to section 131 of Title 23, United States Code.
(ii) Outdoor advertising devices advertising the sale or lease of the real property upon which they are located.
(iii) Outdoor advertising devices advertising activities conducted on the property on which they are located.
(iv) Directional signs, including but not limited to, signs pertaining to natural wonders, scenic and historical attractions, and other points of interest to the traveling public which shall conform to the national standards promulgated by the Secretary of Transportation of the United States pursuant to section 131 of Title 23, United States Code.
(v) Outdoor advertising devices permitted under section 1425 of the Fixing America's Surface Transportation Act.
Section 10. Removal of Prohibited Advertising Devices.--(a) In addition to the penalties prescribed in this act, the secretary may institute any appropriate action or proceeding after thirty days' written notice of a violation to the person or persons maintaining or allowing to be maintained such device, to prevent, restrain, correct or abate a violation or to cause the removal of any advertising device erected or maintained in violation of the provisions of this act, or the secretary may have any such device corrected or removed by his employes.
(b) Notwithstanding subsection (a) or any other law to the contrary, neither the secretary nor any other employe acting at his direction may remove or cause to be removed an outdoor advertising device that meets all of the following criteria:
(1) The maximum area of one side of the outdoor advertising device does not exceed thirty-two square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members.
(2) The outdoor advertising device is owned by a service club, charitable association or religious service organization.
(3) The outdoor advertising device was erected on or before December 4, 2015, or was removed between December 4, 2012, and December 4, 2015.
(c) In the event of [such] removal under subsection (a), the person or persons responsible for the erection or maintenance of such device and the person or persons allowing such device to be maintained shall be liable to the department for the cost of removal or correction of such device.
(d) Neither the secretary nor any other employe acting at his direction shall be liable in any criminal or civil action for damages for any action authorized by this act.
Section 11. Penalties for Violation.--(a) Any person who shall erect or cause or allow to be erected or maintained any advertising device in violation of this act, shall, upon summary conviction thereof, be sentenced to pay a fine of five hundred dollars ($500) to be paid into the Highway Beautification Fund, and in default of the payment thereof, shall undergo imprisonment for thirty days. Each day a device is maintained in violation of this act after conviction shall constitute a separate offense.
(b) Subsection (a) shall not apply to an outdoor advertising device that satisfies all of the criteria specified under section 10(b).
Section 3. The Secretary of Transportation of the Commonwealth shall notify the Federal Highway Administration within 60 days of the effective date of this section that the State has elected to exempt signs less than 32 square feet owned by a service club, charitable association or religious service organization as permitted by section 1425 of the Fixing America's Surface Transportation Act (Public Law 114-94, 129 Stat. 1312).
Section 4. This act shall take effect in 60 days.
APPROVED--The 11th day of July, A.D. 2022.
TOM WOLF
