2007 Oregon Code - Chapter 377 :: Chapter 377 - Highway Beautification - Motorist Information Signs
Chapter 377 —
Highway Beautification; Motorist Information Signs
2007 EDITION
HIGHWAY BEAUTIFICATION; MOTORIST SIGNS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
TREES
377.030Â Â Â Â Destruction
or removal of trees on state highways without permission prohibited
377.040Â Â Â Â Application
to department to remove trees along state highways
377.050Â Â Â Â Consent
of department for removal of trees along state highways
HISTORIC AND SCENIC HIGHWAYS
377.100Â Â Â Â Study
of highway system; designation of historic and scenic highways
377.105Â Â Â Â Effect
of designation as historic and scenic highway
SCENIC AREAS
377.505Â Â Â Â Definitions
for ORS 377.505 to 377.540
377.510Â Â Â Â Signs
visible from state highways regulated; junkyards prohibited; exceptions
377.515Â Â Â Â Removal
of nonconforming signs deferred
377.521Â Â Â Â Status
of previously designated scenic areas
377.540Â Â Â Â Director
of Transportation to enforce orders and render administrative assistance
JUNKYARDS
377.605Â Â Â Â Definitions
for ORS 377.605 to 377.655
377.610Â Â Â Â Public
policy on junkyards
377.615Â Â Â Â DirectorÂ’s
authority to promulgate regulations, enter into agreements with federal
government
377.620Â Â Â Â Restrictions
on maintaining or establishing junkyard along highway
377.625Â Â Â Â Screening
junkyard located in restricted area
377.630Â Â Â Â Removing
junkyard from restricted area
377.635Â Â Â Â Junkyard
in violation of restrictions declared a public nuisance; authority to abate;
when junk placed on state highway right of way
377.640Â Â Â Â Acquisition
of land necessary to screen or relocate junkyards
377.645Â Â Â Â Expenditure
of moneys to screen or relocate junkyards prior to availability of federal
matching funds
DISPOSAL OF PROPERTY
377.650Â Â Â Â Personal
property not junk as nuisance; disposition of property; liability
377.655Â Â Â Â Rules
for removal and disposition of signs and property in violation of ORS 377.650
MOTORIST INFORMATION SIGNS
(General Provisions)
377.700Â Â Â Â Short
title
377.705Â Â Â Â Policy
377.707Â Â Â Â Identifying
location of signs on construction plans; repair or replacement of damaged signs
377.708Â Â Â Â Effect
on certain signs of transfer of jurisdiction over state highway
377.710Â Â Â Â Definitions
for ORS 377.700 to 377.840; rules
377.712Â Â Â Â Issuance
of permits for certain preexisting signs
(Signs, Generally)
377.715Â Â Â Â Application
of ORS 377.700 to 377.840; prohibition against erection or maintenance of
certain signs not in compliance with law
377.720Â Â Â Â Prohibited
signs; exceptions
377.723Â Â Â Â Affidavit
of city or county necessary for issuance of sign permit; requirements of
affidavit
377.725Â Â Â Â Permit;
application; fee; cancellation; rules
377.729Â Â Â Â Fees
for sign permits and business licenses; rules
377.730Â Â Â Â License
for business of maintaining or erecting signs; fee; application; revocation;
suspension
377.735Â Â Â Â Exemptions
from sign permit requirements; historic signs; rules
377.737Â Â Â Â Giving
or receiving compensation or value for signs; rules
377.740Â Â Â Â ORS
377.700 to 377.840 not intended to authorize signs prohibited by other
governmental units
377.745Â Â Â Â Limitation
on form and size of signs
377.750Â Â Â Â Spacing
between signs
377.753Â Â Â Â Permits
for outdoor advertising signs; rules
377.756Â Â Â Â Permits
for signs erected by city or unincorporated community
377.757Â Â Â Â Requirements
for signs authorized by ORS 377.756; payment of cost of sign
377.758Â Â Â Â Notification
by federal authorities of illegal sign; consequences
377.765Â Â Â Â Status
of previously existing signs; removal upon payment of compensation
377.766Â Â Â Â Relocation
credit for removal of outdoor advertising sign
377.767Â Â Â Â Relocation
of existing outdoor advertising sign; conditions
377.768Â Â Â Â Effect
of relocation permit on existing sign permit; duty of director
377.770Â Â Â Â Signs
in protected, commercial or industrial areas
377.773Â Â Â Â When
sign abandoned; removal
377.775Â Â Â Â Removal
procedure for noncomplying signs; ownership issues at hearing; disposition of
removed signs; costs of removal
377.777Â Â Â Â Action
to enjoin person from violation of ORS 377.700 to 377.840
377.780Â Â Â Â Removal
of outdoor advertising signs; payment of compensation; value determinations
377.787Â Â Â Â Contracts
to study traveler information needs; council to establish sign programs; rules
377.790Â Â Â Â Construction,
maintenance and operation of tourist and motorist informational signs
377.795Â Â Â Â Allocation
of costs of telephone informational system; webpage fee; disposition of
receipts
377.800Â Â Â Â Tourist
and motorist informational signs; logo signs; sign and travel plazas
377.805Â Â Â Â Form
of tourist and motorist informational signs; use of logo signs
377.820Â Â Â Â Application
for tourist or motorist informational sign permit; investigation; disposition
377.825Â Â Â Â Fees
for sign applications, maintenance costs and reinstallation
377.830Â Â Â Â Limitation
on motorist informational sign permits; use of logo signs
(Administration)
377.835Â Â Â Â Creation
of Travel Information Council as semi-independent state agency; members;
qualifications; appointment; terms; chairperson; quorum; rules
377.836Â Â Â Â Application
of certain statutes to Travel Information Council
377.838Â Â Â Â Authority
of director of Travel Information Council
377.840Â Â Â Â Travel
Information Council account; budget process; disposition of moneys received
377.845Â Â Â Â Use
of funds by Department of Transportation after repayment of highway fund
PENALTIES
377.992Â Â Â Â Penalties
Note         Sign
Task Force--2007 c.199 §§26,27
     377.010 [Amended by 1959 c.382 §1; repealed by 1981 c.153 §79]
     377.020 [Repealed by 1981 c.153 §79]
TREES
     377.030
Destruction or removal of trees on state highways without permission
prohibited. No person shall
dig up, cut down, injure, destroy or in any manner remove any trees growing
upon the right of way of any state highway without first procuring the written
consent of the Department of Transportation.
     377.040
Application to department to remove trees along state highways. Whenever any person, firm or corporation,
including any public, municipal or private corporation and any privately or
publicly owned utility or cooperative association, desires to dig up, cut down,
injure, destroy or in any manner remove any trees growing upon the right of way
of any state highway, such person shall file with the Department of
Transportation an application in writing, setting forth the reasons and purpose
for the removal or destruction of the trees.
     377.050
Consent of department for removal of trees along state highways. (1) Upon the filing of the application
mentioned in ORS 377.040 the Department of Transportation may, if in its
judgment and discretion the destruction or removal of the trees will not mar or
in any way affect the scenic beauty of or otherwise harm, injure or affect the
highway, issue a permit authorizing the cutting down, digging up, removal or
destruction of the trees under such conditions and in such manner as the
department may in such permit designate.
     (2) Such permits may be granted when it
becomes necessary to cut or remove brush and tree growth which otherwise would
be hazardous to the operation or maintenance of lines for the transmission of
electric energy or communication, or which would impair the efficiency of the
service of such lines to the public, but such cutting or removal shall be done
in such manner as not substantially to impair the scenic beauty of the highway.
HISTORIC AND
SCENIC HIGHWAYS
     377.100
Study of highway system; designation of historic and scenic highways. The Oregon Transportation Commission shall
conduct a study of the historic, scenic and cultural values of the state highway
system. The study required by this subsection is subject to the following:
     (1) In developing the study the commission
shall appoint a volunteer citizen advisory committee to advise the commission
on the study.
     (2) The study shall identify and evaluate
areas of the state highway system for their historic, recreational or scenic
significance.
     (3) The study shall designate highways,
portions of highways or highway related structures as historic and scenic
highways. [1983 c.552 §1; 1985 c.260 §1]
     377.105
Effect of designation as historic and scenic highway. When a highway, portion of a highway or
highway related structure is designated as an historic and scenic highway under
ORS 377.100, the Oregon Transportation Commission and the Department of Transportation:
     (1) Shall provide for the rehabilitation,
restoration, maintenance and preservation of those features of the highway or
structure that have historical, engineering, recreational, scenic or tourist
related significance, whenever prudent and feasible.
     (2) May consult with the State Historic
Preservation Officer, state historic organizations and other appropriate groups
or organizations to determine how to best rehabilitate, restore, maintain and
preserve the significant features of the highway or structure.
     (3) In all highway planning and funding
considerations, shall provide for the continuance of the significant features
of the highway or structure, whenever prudent and feasible.
     (4) As the commission determines
appropriate, may arrange for and provide for posting of signs, consistent with
ORS 377.700 to 377.840, 810.200 and 810.210, to inform the traveling public of
the location and significant features of the highway or structure.
     (5) Shall not dismantle, destroy, abandon,
significantly transform or sell the highway or structure or any portion thereof
or take any other action that will adversely affect the preservation of the
highway or structure as an historic and scenic highway when it is prudent or
feasible not to take such action.
     (6) May provide for bypass highways to
divert damaging traffic from use of the highway or structure or provide other
means of limiting or diverting use of the highway or structure by damaging
traffic.
     (7) Are directed to seek and may accept
and use for the purposes of this section and ORS 377.100 contributions, gifts,
grants and moneys from any source, public or private.
     (8) May hold hearings that have been given
appropriate public notification before any significant action is taken relating
to a highway, portion of a highway or highway related structure that is so
designated.
     (9) Shall consider aesthetics and
environmental effects when the only alternative to rehabilitation or
restoration is to replace a portion of a highway or highway related structure
so designated. [1983 c.552 §2; 1985 c.16 §461; 1985 c.260 §2]
     377.110 [1955 c.541 §1; repealed by 1959 c.309 §22]
     377.115 [1959 c.309 §1; 1965 c.219 §1; repealed by
1971 c.770 §31]
     377.120 [1955 c.541 §2; repealed by 1959 c.309 §22]
     377.125 [1959 c.309 §2; 1963 c.400 §1; 1965 c.219 §2;
repealed by 1971 c.770 §31]
     377.130 [1955 c.541 §3; repealed by 1959 c.309 §22]
     377.135 [1959 c.309 §3; 1965 c.219 §3; repealed by
1971 c.770 §31]
     377.140 [1955 c.377 §14; 1959 c.94 §1; repealed by
1959 c.309 §22]
     377.145 [1959 c.309 §4; 1965 c.219 §4; repealed by
1971 c.770 §31]
     377.150 [1955 c.541 §4; repealed by 1959 c.309 §22]
     377.155 [1959 c.309 §5; 1965 c.219 §5; repealed by
1971 c.770 §31]
     377.160 [1955 c.541 §5; repealed by 1959 c.309 §22]
     377.165 [1959 c.309 §6; repealed by 1971 c.770 §31]
     377.170 [1955 c.541 §15; repealed by 1959 c.309 §22]
     377.175 [1959 c.309 §7; 1965 c.219 §6; repealed by
1971 c.770 §31]
     377.178 [1965 c.219 §13; repealed by 1971 c.770 §31]
     377.180 [1955 c.541 §6; repealed by 1959 c.309 §22]
     377.181 [1961 c.615 §13; 1965 c.219 §7; repealed by
1971 c.770 §31]
     377.185 [1959 c.309 §8; 1961 c.615 §9; 1965 c.219 §8;
repealed by 1971 c.770 §31]
     377.190 [1955 c.541 §7; repealed by 1959 c.309 §22]
     377.195 [1959 c.309 §9; 1961 c.615 §10; 1965 c.219 §9;
repealed by 1971 c.770 §31]
     377.200 [1955 c.541 §8; repealed by 1959 c.309 §22]
     377.205 [1959 c.309 §10; 1961 c.615 §11; repealed by
1965 c.219 §10 (377.206 enacted in lieu of 377.205)]
     377.206 [1965 c.219 §11 (enacted in lieu of
377.205); repealed by 1971 c.770 §31]
     377.210 [1955 c.541 §9; repealed by 1959 c.309 §22]
     377.215 [1959 c.309 §11; 1963 c.400 §2; 1965 c.219 §14;
repealed by 1971 c.770 §31]
     377.220 [1955 c.541 §10; repealed by 1959 c.309 §22]
     377.225 [1959 c.309 §12; 1963 c.400 §3; 1965 c.219 §15;
repealed by 1971 c.770 §31]
     377.230 [1955 c.541 §11; repealed by 1959 c.309 §22]
     377.235 [1959 c.309 §13; 1963 c.400 §4; 1965 c.219 §16;
repealed by 1971 c.770 §31]
     377.240 [1955 c.541 §12; repealed by 1959 c.309 §22]
     377.245 [1959 c.309 §14; 1963 c.400 §5; 1965 c.219 §17;
repealed by 1971 c.770 §31]
     377.250 [1955 c.541 §16; repealed by 1959 c.309 §22]
     377.255 [1959 c.309 §15; 1961 c.615 §14; 1963 c.400 §6;
1965 c.219 §18; repealed by 1971 c.770 §31]
     377.260 [1955 c.541 §18; repealed by 1959 c.309 §22]
     377.265 [1959 c.309 §16; 1963 c.400 §7; 1965 c.219 §19;
repealed by 1971 c.770 §31]
     377.270 [1955 c.541 §17; repealed by 1959 c.309 §22]
     377.275 [1959 c.309 §17; 1963 c.400 §8; 1965 c.219 §20;
repealed by 1971 c.770 §31]
     377.280 [1955 c.541 §13; 1957 c.465 §2; repealed by
1959 c.309 §22]
     377.285 [1959 c.309 §18; 1961 c.615 §15; 1963 c.400 §9;
1965 c.219 §21; repealed by 1971 c.770 §31]
     377.295 [1959 c.309 §19; 1963 c.400 §10; 1965 c.219 §22;
repealed by 1971 c.770 §31]
     377.305 [1959 c.309 §20; 1963 c.400 §11; repealed by
1971 c.770 §31]
     377.310 [Repealed by 1953 c.335 §1]
     377.320 [Repealed by 1953 c.335 §1]
     377.330 [Repealed by 1953 c.335 §1]
     377.340 [Repealed by 1971 c.770 §31]
     377.350 [Repealed by 1971 c.770 §31]
     377.360 [Amended by 1957 c.663 §3; repealed by 1971
c.770 §31]
     377.405 [1961 c.615 §1; 1963 c.400 §12; repealed by
1971 c.770 §31]
     377.410 [1961 c.615 §5; 1963 c.400 §13; repealed by
1971 c.770 §31]
     377.415 [1961 c.615 §§7,16; repealed by 1971 c.770 §31]
     377.420 [1961 c.615 §§2,4; repealed by 1971 c.770 §31]
     377.425 [1961 c.615 §8; 1963 c.400 §14; repealed by
1971 c.770 §31]
     377.430 [1961 c.615 §6; repealed by 1971 c.770 §31]
SCENIC AREAS
     377.505
Definitions for ORS 377.505 to 377.540. As used in ORS 377.505 to 377.540:
     (1) “State highway” has the meaning given
that term in ORS 377.710.
     (2) “Scenic area” means an area adjacent
to or along a segment of a state highway that is within a federal or state park,
is a site of historical significance or affords a view of unusual natural
beauty, and has been established as a scenic area under the provisions of ORS
377.505 to 377.545 (1975 Replacement Part). [1961 c.614 §1; 1963 c.400 §15;
1965 c.219 §23; 1967 c.590 §13; 1977 c.578 §3; 1979 c.186 §15; 2007 c.199 §21]
     377.510
Signs visible from state highways regulated; junkyards prohibited; exceptions. (1) A sign that is visible from a state
highway may not be erected or maintained in an area that has been established
by final order as a scenic area except:
     (a) Traffic control signs or devices.
     (b) Signs other than outdoor advertising
signs, as defined in ORS 377.710.
     (c) Signs approved by the Director of
Transportation, or the authorized representative of the director, erected and
maintained by a public utility or telecommunications utility for the purpose of
giving warning of the location of an underground cable or other installations.
     (d) Signs identifying incorporated or
unincorporated communities, erected in compliance with ORS 377.715 and 377.756
to 377.758, that are designed to complement the scenic quality of the area in
which the signs are erected. Signs located in snow zones may be more than eight
feet in height to compensate for snow if approved by the director.
     (2) Unless adequately screened as provided
in ORS 377.620 (3)(a) or unless located within a zoned industrial area, no
junkyard shall be established which is visible from a state highway where the
area immediately adjacent to the state highway has been established by final
order as a scenic area. [1961 c.614 §7; 1965 c.219 §24; 1967 c.590 §14; 1987
c.447 §122; 1991 c.287 §1; 1993 c.741 §45; 2007 c.199 §22]
     377.515
Removal of nonconforming signs deferred. Any sign lawfully maintained in a scenic area prior to the
establishment of the area as a scenic area and not included within the
exceptions of ORS 377.510, shall be removed by the owner thereof prior to seven
years following the establishment of the area as a scenic area, unless the sign
is required to be removed at an earlier date, pursuant to other state laws. [1961
c.614 §8; 1965 c.219 §25; 1967 c.590 §15]
     377.520 [1961 c.614 §2; 1963 c.400 §16; 1965 c.219 §26;
repealed by 1977 c.578 §5]
     377.521
Status of previously designated scenic areas. All scenic areas designated prior to October 4, 1977, shall continue
to retain their designation as scenic areas. [1977 c.578 §2]
     Note: 377.521 was enacted into law by the
Legislative Assembly but was not added to ORS 377.505 to 377.540 by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
     377.525 [1961 c.614 §4; 1963 c.400 §17; 1969 c.314 §30;
repealed by 1977 c.578 §5]
     377.530 [1961 c.614 §5; 1963 c.400 §18; repealed by
1977 c.578 §5]
     377.535 [1961 c.614 §6; 1963 c.400 §19; repealed by
1977 c.578 §5]
     377.540
Director of Transportation to enforce orders and render administrative
assistance. The Director of
Transportation shall take appropriate action for the administration and
enforcement of orders issued under the provisions of ORS 377.505 to 377.545
(1975 Replacement Part). [1961 c.614 §10; 1963 c.400 §20; 1977 c.578 §4; 1993
c.741 §46]
     377.545 [1961 c.614 §9; repealed by 2001 c.750 §7]
JUNKYARDS
     377.605
Definitions for ORS 377.605 to 377.655. As used in ORS 377.605 to 377.655, unless the context requires
otherwise:
     (1) “Department” means the Department of
Transportation.
     (2) “Director” means the Director of
Transportation.
     (3) “Federal-aid primary system” means the
federal-aid primary system in existence on June 1, 1991, and any highway that
is not on such system but that is on the National Highway System.
     (4) “Interstate System” means every state
highway that is part of the National System of Interstate and Defense Highways
established by the department in compliance with section 103(e) of title 23,
United States Code.
     (5) “Junk” means old or scrap copper,
brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked,
dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts,
iron, steel or other old or scrap ferrous, or nonferrous material, metal or
nonmetal materials.
     (6) “Junkyard” means any establishment or
place of business where there is accumulated on the premises eight or more
motor vehicles or an equivalent volume of junk that is maintained, operated or
used for storing, keeping, buying or selling of junk and the term includes
automobile graveyards, garbage dumps and scrap metal processing facilities.
     (7) “Maintain” means to allow to exist.
     (8) “
     (9) “State highway” or “state highway
system” means the entire width between the boundary lines of every state
highway as defined in ORS 366.005, including but not limited to the Interstate
System and the federal-aid primary system.
     (10) “Visible” means capable of being seen
without visual aid by a person of normal visual acuity.
     (11) “Zoned industrial area” is an area
adjacent to a state highway or public highway which is zoned for industrial use
under authority of state law. [1967 c.590 §3; 1979 c.186 §16; 1979 c.210 §1;
1993 c.741 §47]
     377.610
Public policy on junkyards.
The Legislative Assembly hereby finds and declares that establishment,
maintenance and operation of junkyards along public highways should be
controlled in accordance with the provisions of ORS 377.605 to 377.655 in order
to protect the public investment in such highways, promote the safety and
recreational value of public travel on such highways, preserve natural beauty
and aesthetic features of such highways and adjacent areas, and maintain the
qualifications of this state for its share of federal-aid highway funds payable
under title 23, United States Code, and in furtherance of the purposes
previously established under ORS 366.556 to 366.578. [1967 c.590 §2]
     377.615
DirectorÂ’s authority to promulgate regulations, enter into agreements with
federal government. (1) The
Director of Transportation shall promulgate such regulations as are necessary
to carry out the provisions of ORS 377.605 to 377.655. Except where federal law
or rules and regulations require otherwise as a condition to receipt of federal
granted funds, the rules shall be promulgated pursuant to ORS chapter 183.
     (2) The director is authorized to enter
into any necessary agreements with the United States Government or any officer
or agency thereof authorized to make agreements pursuant to title 23, United
States Code, relating to the control of junkyards in areas adjacent to the
state highway system. [1967 c.590 §4; 1993 c.741 §48]
     377.620
Restrictions on maintaining or establishing junkyard along highway. (1) Except as provided in subsection (3) of
this section, no junkyard in existence on June 30, 1967, may be maintained after
June 30, 1967, within 1,000 feet of the nearest edge of the right of way of:
     (a) The Interstate System.
     (b) The federal-aid primary system.
     (c) Other state highways, unless permitted
by the Director of Transportation and subject to rules adopted by the director.
     (2) Except as provided in subsection (3)
of this section, no junkyard shall be established after June 30, 1967, within
1,000 feet of the nearest edge of the right of way of any state highway or
which is visible from any state highway, as defined by ORS 377.505, where the
area immediately adjacent to the state highway retains designation as a scenic
area pursuant to ORS 377.521.
     (3) Except as provided in ORS 377.510
relating to location of junkyards within or adjacent to designated scenic areas,
this section does not prohibit the establishment or maintenance along state
highways of the following junkyards:
     (a) Junkyards that are hidden or
adequately screened by the terrain or other natural objects, or by plantings,
fences, or other appropriate means so as not to be visible from the main
traveled way of the state highway, in accordance with regulations promulgated
by the director.
     (b) Junkyards located in zoned industrial
areas.
     (4) No owner or operator of a junkyard
shall place any junk on a state highway right of way. [1967 c.590 §5; 1975
c.262 §1; 1983 c.740 §122; 1993 c.741 §49; 2007 c.199 §24]
     377.625
Screening junkyard located in restricted area. (1) Any junkyard which is in existence on
June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way
line and visible from the main traveled way of the Interstate System or the
federal-aid primary system and is not in a zoned industrial area, may be
screened by the Director of Transportation, if economically and otherwise feasible,
at locations on the highway rights of way or in areas outside of the rights of
way acquired for such purposes by the Department of Transportation.
     (2) Any junkyard which is in existence on
June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way
line and which is visible from the main traveled way of any state highway other
than the Interstate System or federal-aid primary system and is not in a zoned
industrial area, may be screened by the director when it is financially, economically
and otherwise feasible. The screening may be located on the highway rights of
way or in areas outside the rights of way acquired for such purposes by the
department. [1967 c.590 §6; 1979 c.210 §2; 1993 c.741 §50]
     377.630
Removing junkyard from restricted area. (1) Where a junkyard is in existence on June 30, 1967, less than 1,000
feet of the nearest edge of the right-of-way line of the Interstate System or
federal-aid primary system, is not in a zoned industrial area, and cannot be
effectively screened as provided in ORS 377.625 (1), then the Department of
Transportation may secure such interests in land as may be necessary to
relocate, remove or dispose of the junkyard and may pay for the cost of
relocation, removal or disposal thereof, as set forth in ORS 377.640.
     (2) Where a junkyard is in existence less
than 1,000 feet of the nearest edge of the right-of-way line and visible from
the main traveled way of any state highway which becomes a part of the
Interstate System or federal-aid primary system and is not in a zoned
industrial area, the junkyard may be screened as provided in subsection (1) of
this section or may be relocated, removed or disposed of by the department
after the portion of the state highway involved becomes a part of the Interstate
System or the federal-aid primary system, as provided in subsection (1) of this
section.
     (3) Where a junkyard is in existence on
June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way
line of any state highway other than the Interstate System or federal-aid
primary system, is not in a zoned industrial area, and cannot be effectively
screened as provided in ORS 377.625 (2), then the department may, in its
discretion, secure such interests in lands as may be necessary to relocate, remove
or dispose of the junkyard. [1967 c.590 §7; 1979 c.210 §3]
     377.635
Junkyard in violation of restrictions declared a public nuisance; authority to
abate; when junk placed on state highway right of way. (1) Any junkyard which comes into existence
after June 30, 1967, and which is in violation of ORS 377.620, is hereby found
and declared to be a public nuisance. The Director of Transportation, 30 days
after written notice is mailed to the person owning or operating the junkyard,
may institute, on behalf of the Department of Transportation any legal
proceedings the director considers necessary to prevent the violation of ORS
377.620.
     (2) Whenever the owner or operator of a
junkyard places junk on state highway right of way adjacent to or in the
immediate vicinity of the junkyard, the director, 10 days after written notice
is mailed to the person owning or operating the junkyard, may remove and store
the junk. Junk placed on a highway right of way adjacent to or in the vicinity
of a junkyard is prima facie evidence that it has been placed there by the
owner or the operator of the junkyard. After 30 days of storage, unless claimed
sooner by the owner, the director may sell or otherwise dispose of the junk by
sale or otherwise. When removal is performed by the director, the director
shall not be liable for conversion of any personal property and the director
may collect the directorÂ’s cost for removal, storage and sale or disposal from
the person owning the junk. [1967 c.590 §8; 1975 c.262 §2; 1979 c.210 §4; 1993
c.741 §51]
     377.640
Acquisition of land necessary to screen or relocate junkyards. The Department of Transportation may acquire
by purchase, agreement, donation, or the exercise of the power of eminent
domain, such lands or interest in lands as may be necessary for the screening
or the relocation, removal or disposal of junkyards. In exercising the power of
eminent domain the department shall be governed by the provisions of ORS
chapter 35. [1967 c.590 §9; 1971 c.741 §36]
     377.645
Expenditure of moneys to screen or relocate junkyards prior to availability of
federal matching funds. (1)
The Department of Transportation may expend moneys appropriated to the
department for the purposes of the screening, relocating, removal or disposal
of junkyards as provided in ORS 377.625 to 377.640, except that the department
may not use moneys that are subject to the provisions of section 3a, Article IX
of the Oregon Constitution. Moneys appropriated for the purposes specified in
this subsection may be expended by the department unless and until federal-aid
matching funds are appropriated and made available to the state for such
similar purposes as provided in section 136, title 23, United States Code.
     (2) All money received by the Director of
Transportation under ORS 377.505, 377.510, 377.515 and 377.605 to 377.655 shall
be credited to the State Highway Fund. [1967 c.590 §§10,11; 1983 c.338 §924;
1993 c.741 §52; 2001 c.750 §1]
DISPOSAL OF
PROPERTY
     377.650
Personal property not junk as nuisance; disposition of property; liability. Any personal property not coming within the
definition of junk, except a vehicle as defined in ORS 801.590 or a
manufactured structure as defined in ORS 446.561, that is deposited, left or
displayed on a state highway is hereby found and declared to be a public
nuisance. The Director of Transportation may do any of the following with
respect to personal property declared to be a nuisance by this section:
     (1) Ten days after written notice is
mailed to the person owning the personal property, the director may institute
on behalf of the Department of Transportation any legal proceedings the
director considers necessary to prevent the violation of this section.
     (2) Ten days after written notice, the
director may remove the personal property and store it. After 30 days of
storage, unless claimed sooner by the owner, the director may sell or otherwise
dispose of the personal property. Where removal is performed by the director,
the director shall not be liable for any conversion of personal property and
may collect the cost for removal, storage and sale or disposal of the personal
property from the person owning it.
     (3) If the property is a sign, as defined
under ORS 377.710, that is portable or if the property has been repeatedly
deposited, left or displayed in violation of this section, the director may
follow the procedures under ORS 377.655. This subsection applies
notwithstanding any other provision of this section. [1975 c.262 §4; 1983 c.338
§925; 1985 c.110 §1; 1993 c.741 §53; 1999 c.59 §102; 2003 c.655 §73]
     377.655
Rules for removal and disposition of signs and property in violation of ORS
377.650. (1) The department
shall adopt rules consistent with this section to provide procedures for the
removal and disposition of portable signs or personal property that has been
repeatedly left, deposited or displayed in violation of ORS 377.650.
     (2) Rules adopted by the department under
this section may provide for any of the following:
     (a) A reduction in the times required for
notice of violation, opportunity for hearing, opportunity to remove the
violation and removal of the violation.
     (b) Removal of the violation without prior
notice if the person committing the violation has been given prior notice of
the violation. If removal is provided under this paragraph, opportunity for
hearing must be provided by the rules within five days after the removal.
     (c) Any other rules concerning removal and
disposition of such violations that the department determines will reduce the
repeating of such violations. [1985 c.110 §2]
MOTORIST
INFORMATION SIGNS
(General
Provisions)
     377.700
Short title. ORS 377.700 to
377.840 and 377.992 shall be known and may be cited as the Oregon Motorist
Information Act of 1971. [1971 c.770 §1]
     377.705
Policy. To promote the public
safety; to preserve the recreational value of public travel on the stateÂ’s
highways; to preserve the natural beauty and aesthetic features of such
highways and adjacent areas; to provide information about and direct travelers
to public accommodations, services for the traveling public, campgrounds,
parks, recreational areas, and points of scenic, historic, cultural and
educational interest, it is the policy of this state and the purpose of ORS
377.700 to 377.840 and 377.992:
     (1) To establish official information
centers and motorist informational signs, including sign plazas in appropriate
locations for the convenient arrangement of those signs.
     (2) To provide for publication and
distribution of official guidebooks and other publications.
     (3) To prohibit the indiscriminate use of
other outdoor advertising.
     (4) To provide motorists, where feasible,
a telephone emergency, information and reservation system for lodging. [1971
c.770 §2; 1999 c.877 §1]
     377.707
Identifying location of signs on construction plans; repair or replacement of
damaged signs. (1) The
Department of Transportation shall ensure that all construction and engineering
plans for state highways identify the locations of motorist informational
signs, tourist oriented directional signs and logo signs. The department shall
adopt written plans for protecting the signs from damage during construction.
     (2) If any sign specified in subsection
(1) of this section is damaged, destroyed or lost as a result of work on a
highway done by the department, the department shall repair or replace the
sign. [2001 c.402 §2]
     Note: 377.707 was added to and made a part of
377.700 to 377.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     377.708
Effect on certain signs of transfer of jurisdiction over state highway. (1) As part of the negotiation process
between the Department of Transportation and another road authority concerning
transfer of jurisdiction over a state highway from the department to the other
road authority, the department shall identify any tourist oriented directional
signs and logo signs on the state highway that will be affected by the
transfer. If there are such signs, the department shall notify the Travel
Information Council of the proposed transfer of jurisdiction.
     (2) When signs described in subsection (1)
of this section are identified, the road authority that will receive
jurisdiction over the state highway shall, as part of the negotiation process,
agree in writing to protect the signs from destruction or removal. The transfer
of jurisdiction may not take place until the receiving road authority has
entered into the written agreement described in this subsection.
     (3) After the transfer of jurisdiction,
the Travel Information Council shall retain authority over signs on the highway
as though the highway were still a state highway.
     (4) After a transfer of jurisdiction over
a state highway from the department to another road authority, the council
shall notify the receiving road authority of any request for a new sign and
shall request approval of the signÂ’s location from that road authority. [2003
c.388 §2]
     Note: 377.708 was added to and made a part of
377.700 to 377.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     377.710
Definitions for ORS 377.700 to 377.840; rules. As used in ORS 377.700 to 377.840 unless the
context otherwise requires:
     (1) “Back-to-back sign” means a sign with
multiple display surfaces mounted on a single structure with display surfaces
visible to traffic from opposite directions of travel.
     (2) “Commercial or industrial zone” means
an area, adjacent to a state highway, that is zoned for commercial or
industrial use by or under state statute or local ordinance.
     (3) “Council” means the Travel Information
Council created by ORS 377.835.
     (4) “Cutout” means every type of display
in the form of letters, figures, characters or other representations in cutout
or irregular form attached to and superimposed upon a sign.
     (5) “Department” means the Department of
Transportation.
     (6) “Director” means the Director of
Transportation.
     (7) “Display surface” means the area of a
sign available for the purpose of displaying a message.
     (8) “Double-faced sign” means a sign with
multiple display surfaces with two or more separate and different messages
visible to traffic from one direction of travel.
     (9) “Erect” means to construct, build,
assemble, place, affix, attach, create, paint, draw or in any way bring into
being or establish.
     (10) “Federal-aid primary system” or “primary
highway” means the federal-aid primary system in existence on June 1, 1991, and
any highway that is on the National Highway System.
     (11) “Freeway” means a divided arterial
highway with four or more lanes available for through traffic with full control
of access and grade separation at intersections.
     (12) “Governmental unit” means the federal
government, the state, or a city, county or other political subdivision or an
agency thereof.
     (13) “Interstate highway” or “interstate
system” means every state highway that is a part of the National System of
Interstate and Defense Highways established pursuant to section 103(c), title
23, United States Code.
     (14) “Logo” means a symbol or design used
by a business as a means of identification of its products or services.
     (15) “Logo sign” means a sign located on
highway right of way on which logos for gas, food, lodging and camping are mounted.
     (16) “Maintain” includes painting,
changing messages on display surfaces, adding or removing a cutout or display
surface of the same dimensions, replacing lights or the catwalk, making routine
repairs necessary to keep the sign in a neat, clean, attractive and safe
condition, and allowing the sign to exist.
     (17) “
     (18) “Motorist informational sign” means a
sign erected in a safety rest area, scenic overlook or sign plaza and
maintained under the authority of ORS 377.700 to 377.840 to inform the
traveling public about public accommodations, services for the traveling public
and points of scenic, historic, cultural, scientific, outdoor recreational and
educational interest.
     (19) “Nonconforming sign” means a sign
that complied with ORS 377.700 to 377.840 when erected, but no longer complies
with ORS 377.700 to 377.840 because of a later change in the law or in the
conditions outside of the ownerÂ’s control. An unlawfully located or maintained
sign is not a nonconforming sign.
     (20) “Outdoor advertising sign” means:
     (a) A sign that is not at the location of
a business or an activity open to the public, as defined by the department by
rule; or
     (b) A sign for which compensation or
anything of value as defined by the department by rule is given or received for
the display of the sign or for the right to place the sign on anotherÂ’s
property.
     (21) “Protected area” means an area
located within 660 feet of the edge of the right of way of any portion of an
interstate highway constructed upon any part of right of way, the entire width
of which was acquired by the State of Oregon subsequent to July 1, 1956, and
which portion or segment does not traverse:
     (a) A commercial or industrial zone within
the boundaries of a city, as such boundaries existed on September 21, 1959,
wherein the use of real property adjacent to the interstate highway is subject
to municipal regulation or control; or
     (b) Other areas where land use, as of
September 21, 1959, is established as industrial or commercial pursuant to
state law.
     (22) “Reconstruct” means replacing a sign
totally or partially destroyed, changing its overall height or performing any
work, except maintenance work, that alters or changes a sign that lawfully
exists under ORS 377.700 to 377.840.
     (23) “Relocate” includes, but is not
limited to removing a sign from one site and erecting a new sign upon another
site as a substitute therefor.
     (24) “Rest area” means an area established
and maintained within or adjacent to a state highway right of way by or under
public supervision or control for the convenience of the traveling public, and
includes safety rest areas, scenic overlooks or similar roadside areas.
     (25) “Secondary highway” means any state
highway other than an interstate highway or primary highway.
     (26)(a) “Sign” means any sign, display,
message, emblem, device, figure, painting, drawing, placard, poster, billboard
or other thing that is designed, used or intended for advertising purposes or
to inform or attract the attention of the public.
     (b) “Sign” includes the sign structure,
display surface and all other component parts of a sign.
     (c) When dimensions of a sign are
specified, “sign” includes panels and frames and both sides of a sign of
specified dimensions or area.
     (27) “Sign area” means the overall
dimensions of all panels capable of displaying messages on a sign structure.
     (28) “Sign plaza” means a structure
erected and maintained by or for the department or the Travel Information
Council, adjacent to or in close proximity to a state highway, for the display
of motorist information.
     (29) “Sign rules for protected areas”
means rules adopted by the department applicable to signs displayed within
protected areas.
     (30) “Sign structure” or “structure” means
the supports, uprights, braces, poles, pylons, foundation elements, framework
and display surfaces of a sign.
     (31) “State highway,” “highway” or “state
highway system” means the entire width between the boundary lines of the right
of way of every state highway, as defined by ORS 366.005, and the interstate
system and the federal-aid primary system.
     (32) “Tourist oriented directional sign”
means a sign erected on state highway right of way to provide business
identification and directional information for services and activities of
interest to tourists.
     (33) “Traffic control sign or device”
means an official route marker, guide sign, warning sign, or sign directing or
regulating traffic, which has been erected by or under the order of the
department.
     (34) “Travel plaza” means any staffed
facility erected under the authority of the Travel Information Council to serve
motorists by providing brochures, displays, signs and other visitor information
and located in close proximity to a highway.
     (35) “Tri-vision sign” means a sign that
contains display surfaces composed of a series of three-sided rotating slats
arranged side by side, either horizontally or vertically, that are rotated by
an electromechanical process and capable of displaying a total of three
separate and distinct messages, one message at a time, provided that the
rotation from one message to another message is no more frequent than every
eight seconds and the actual rotation process is accomplished in four seconds
or less.
     (36) “V-type sign” means two signs erected
independently of each other with multiple display surfaces having single or
multiple messages visible to traffic from opposite directions, with an interior
angle between the two signs of not more than 120 degrees and the signs
separated by not more than 10 feet at the nearest point.
     (37) “Visible” means capable of being seen
without visual aid by a person of normal visual acuity, whether or not legible
from the main traveled way of any state highway. [1971 c.770 §3; 1973 c.790 §1;
1974 c.33 §1; 1975 c.336 §1; 1977 c.265 §1; 1983 c.111 §1; 1987 c.336 §2; 1993
c.741 §54; 1999 c.877 §2; 2007 c.199 §5]
     377.712
Issuance of permits for certain preexisting signs. (1) Notwithstanding the provisions of ORS
377.700 to 377.780, the owner of any outdoor advertising sign in existence on
May 30, 2007, located in a commercial or industrial zone in existence on May
30, 2007, that meets all requirements for obtaining an outdoor advertising sign
permit as set out in ORS 377.700 to 377.780 and for which the owner had not
secured an outdoor advertising permit as required by ORS 377.725 prior to May
30, 2007, either because of ignorance of the requirements of ORS 377.725 or
because the area, road or street adjacent to which the sign was situated was
not, at that time, designated as a state highway, shall be entitled to the
issuance of an outdoor advertising sign permit by the Department of
Transportation upon application by the owner of the sign and the payment of the
fee established by the department under ORS 377.729.
     (2) Notwithstanding the provisions of ORS
377.700 to 377.780, the owner of any outdoor advertising sign visible from a
road or street that is designated as a state highway after May 30, 2007, is
entitled to the issuance of an outdoor advertising sign permit for the sign
upon application by the owner of the sign, payment of the fee established by
the department under ORS 377.729 and receipt of the affidavit required under
ORS 377.723, if the sign was lawfully located within a commercial or industrial
zone at the time of designation as a state highway. [1977 c.265 §7; 1993 c.376 §1;
2001 c.104 §127; 2001 c.750 §4; 2007 c.199 §6]
     Note: 377.712 was enacted into law by the
Legislative Assembly but was not added to or made a part of any series in ORS
chapter 377 by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
(Signs,
Generally)
     377.715
Application of ORS 377.700 to 377.840; prohibition against erection or maintenance
of certain signs not in compliance with law. ORS 377.700 to 377.840, and the rules adopted pursuant thereto, apply
to signs erected or maintained outside the right of way along state highways
and visible to the traveling public from a state highway. A person may not
erect or maintain a sign visible to the traveling public from a state highway,
except where permitted outside the right of way of a state highway, unless the
sign complies with the provisions of ORS 377.505 to 377.540 and 377.700 to 377.840,
and the rules adopted pursuant thereto. A person may not erect or maintain a
sign on the right of way of a state highway, other than a traffic control sign
or device. [1971 c.770 §8; 1973 c.790 §2; 1974 c.33 §2; 1975 c.336 §2; 1983
c.111 §2; 1987 c.336 §3; 1999 c.877 §3; 2007 c.199 §7]
     377.720
Prohibited signs; exceptions.
A sign may not be erected or maintained if it:
     (1) Interferes with, imitates or resembles
any traffic control sign or device, or attempts or appears to attempt to direct
the movement of traffic.
     (2) Prevents the driver of a motor vehicle
from having a clear and unobstructed view of traffic control signs or devices
or approaching or merging traffic.
     (3) Contains, includes or is illuminated
by any flashing, intermittent, revolving, rotating or moving light or moves or
has any animated or moving parts. This subsection does not apply to:
     (a) A traffic control sign or device.
     (b) Signs or portions thereof with lights
that may be changed at intermittent intervals by electronic process or remote
control that are not outdoor advertising signs.
     (c) A tri-vision sign, except that a
tri-vision sign may not be illuminated by any flashing, intermittent,
revolving, rotating or moving lights.
     (4) Has any lighting, unless such lighting
is so effectively shielded as to prevent beams or rays of light from being
directed at any portion of the main traveled way of a state highway, or is of
such low intensity or brilliance as not to cause glare or to impair the vision
of the driver of a motor vehicle or otherwise to interfere with the operation
thereof.
     (5) Is located upon a tree, or painted or
drawn upon a rock or other natural feature.
     (6) Advertises activities that are illegal
under any state or federal law applicable at the location of the sign or of the
activities.
     (7) Is not maintained in a neat, clean and
attractive condition and in good repair.
     (8) Is not able to withstand a wind
pressure of 20 pounds per square foot of exposed surface.
     (9) Is on a vehicle or trailer that is
located on public or private property. This subsection does not apply to a
vehicle or trailer used for transportation by the owner or person in control of
the property. [1971 c.770 §15; 1973 c.790 §3; 1977 c.256 §2; 1981 c.392 §1;
1999 c.877 §4; 2007 c.199 §8]
     377.723
Affidavit of city or county necessary for issuance of sign permit; requirements
of affidavit.
Notwithstanding any other provision of ORS 377.700 to 377.840, the Department
of Transportation shall not issue a permit under ORS 377.725 or 377.767 unless
the applicant for the permit submits affidavits that meet the following
requirements:
     (1) The applicant must submit an affidavit
from each city or county that would have jurisdiction over the proposed sign.
     (2) Each affidavit must contain a
certification by the respective city or county that the proposed sign would
comply with all applicable ordinances, plans, rules and other requirements of
the city or county.
     (3) Each affidavit must be on a form
prepared by the department. [1981 c.329 §2; 1987 c.336 §4; 1993 c.741 §55]
     377.725
Permit; application; fee; cancellation; rules. (1) A person may not erect, control,
relocate or reconstruct an outdoor advertising sign unless the Department of
Transportation has issued a permit for the erection, control, relocation or
reconstruction of the sign.
     (2) A person who applies for a permit to
the Director of Transportation shall complete forms furnished by the director.
The permit application shall include a precise description of the outdoor
advertising sign and such other information as the director considers necessary
or desirable to determine compliance with ORS 377.700 to 377.840. The director
shall issue a permit for an outdoor advertising sign that complies with ORS
377.700 to 377.840. A valid permit may be transferred to another person upon
written notice to the director.
     (3) A permit may not be issued for an
outdoor advertising sign located adjacent to an interstate highway or freeway
unless the director determines that access to the sign from the interstate
highway or freeway can be obtained without violating the access control line of
the interstate highway or freeway.
     (4) A permit shall be renewed annually on
the first day of January. Application for renewal of a permit shall be filed
prior to expiration of the term of the permit. If application for renewal of a
permit is filed within 30 days after the expiration of the term, the permit
shall be granted if any additional fee specified by the department in rules
adopted under ORS 377.729 is paid at the time the application is filed. Any
permit not renewed in accordance with this section shall be canceled.
     (5) Permit fees for purposes of this
section are as established by the department by rule under ORS 377.729.
     (6) A permit shall be issued for one year.
The applicable fee shall accompany the permit application. A fee may not be
prorated for a fraction of a year or be refunded if the outdoor advertising
sign is removed.
     (7) The display surface of an outdoor
advertising sign may be changed or cutouts may be attached or removed within
the sign area without obtaining a permit. However, a permit shall be obtained
if the outdoor advertising sign is reconstructed.
     (8) A reconstruction permit may be issued
for the addition of another display surface on the opposite side of an
existing, conforming sign under permit, that is no larger than the existing
display surface.
     (9) The director shall require removal of
a sign or shall cancel a permit and require removal of an outdoor advertising
sign as provided by ORS 377.775 if the director finds a sign has been erected,
maintained or serviced from the highway right of way at any portion of the
right of way where the department has acquired rights of access to the highway
or rights of access have not accrued to the abutting property. If there is no
permit for the outdoor advertising sign, then the director shall require
removal of the outdoor advertising sign. In addition, the department may
recover from the owner of the sign or outdoor advertising sign or from the
person erecting, maintaining or servicing the sign or outdoor advertising sign,
the amount of damage to landscaping, sod, fencing, ditches or other highway
appurtenances resulting from such acts. If a permit is canceled under this
subsection, an outdoor advertising sign may not be relocated under ORS 377.767.
     (10)(a) The director may cancel a permit,
unless a corrected application is filed or the outdoor advertising sign is
brought into compliance within 30 days after written notice thereof is mailed
to the permittee, if the director finds:
     (A) The applicant has knowingly supplied
materially false or misleading information in the application for a permit or
renewal thereof; or
     (B) The sign covered by the permit
violates ORS 377.700 to 377.840.
     (b) If a permit is canceled under this
subsection, an outdoor advertising sign may not be relocated under ORS 377.767,
and the holder of the permit is not entitled to a relocation credit as defined
in ORS 377.766.
     (11) The director shall cancel a permit
immediately upon failure of a permittee to erect or maintain the outdoor
advertising sign as described by the permit application and to attach a permit
plate to the sign 180 days after the date of issuance of the permit.
     (12) The director shall assign a permit
plate with an identification number to the permit issued for an outdoor
advertising sign. The permittee shall attach the permit plate to the outdoor
advertising sign so the plate is visible from the adjacent state highway. The
absence of a permit plate or failure to renew the permit annually is prima
facie evidence that the outdoor advertising sign does not comply with ORS
377.700 to 377.840.
     (13) Except as otherwise provided in ORS
377.712, 377.753 and 377.765, no permits shall be issued for the erection of
any new outdoor advertising sign after May 30, 2007.
     (14) The director may establish more than
one class or type of outdoor advertising sign permit as necessary or desirable
to carry out ORS 377.700 to 377.840.
     (15) Any hearing under this section shall
be conducted as a contested case hearing under ORS chapter 183. [1971 c.770 §23;
1973 c.790 §4; 1974 c.33 §3; 1975 c.336 §4; 1977 c.265 §2; 1985 c.553 §1; 1993
c.376 §2; 1993 c.741 §56; 1999 c.877 §5; 2001 c.750 §5; 2003 c.126 §1; 2007
c.199 §9]
     377.726 [1977 c.265 §8; 1979 c.146 §3; 1981 c.308 §2;
1999 c.877 §6; 2001 c.750 §6; repealed by 2007 c.199 §28]
     377.727 [1974 c.33 §8; 1999 c.663 §1; 2007 c.71 §100;
repealed by 2007 c.199 §28]
     377.729
Fees for sign permits and business licenses; rules. The Department of Transportation may adopt
rules establishing permit fees for purposes of ORS 377.725 and fees for an
outdoor advertising business license issued under ORS 377.730. Fees established
by the department shall be designed to recover the cost to the department of
regulating signs that are outside the right of way of a highway but are visible
from the highway. [1985 c.553 §4; 1987 c.336 §1; 2001 c.750 §2]
     377.730
License for business of maintaining or erecting signs; fee; application;
revocation; suspension. (1)
A person shall not engage in the business of erecting or maintaining outdoor
advertising signs for other persons without first obtaining an annual license
therefor from the Director of Transportation and paying the annual license fee
established by the Department of Transportation by rule as provided in ORS
377.729.
     (2) An application for a license or
renewal thereof shall be made on a form furnished by the director, shall
contain such pertinent information as the director may require and shall be
accompanied by the applicable annual fee. A license granted under this section
expires on June 30 of each year. The fee shall not be prorated. The director
shall by certified mail send to each licensee a notice of expiration of license
and a renewal application form not less than 30 days before the date of
expiration.
     (3) If the director finds that an
applicant has knowingly provided materially false or misleading information in
the application or that a licensee has violated any of the provisions of ORS
377.700 to 377.840, the director may revoke, suspend for a period of up to one
year or refuse to renew the license unless a corrected application is filed or
the violation ceases, within 30 days after written notice to do so is mailed to
the applicant or licensee. During the suspension of a license, the licensee may
continue in business, but shall not erect or reconstruct any sign requiring a
permit under ORS 377.700 to 377.840. [1971 c.770 §22; 1973 c.790 §5; 1993 c.741
§57; 2001 c.750 §3]
     377.735
Exemptions from sign permit requirements; historic signs; rules. (1) The permit requirements of ORS 377.700
to 377.840 do not apply to:
     (a) Signs of a governmental unit,
including but not limited to traffic control signs or devices, legal notices or
warnings.
     (b) A temporary sign on private property
if:
     (A) The sign does not exceed 12 square
feet;
     (B) The sign is not on a permanent base;
     (C) The sign does not remain in place for
a period of more than 60 days in a calendar year, except that a sign erected by
a resident on the residentÂ’s residential property may remain in place for
longer than 60 days in a calendar year;
     (D) No person receives compensation or
anything of value as defined by the Department of Transportation by rule for
displaying the sign; and
     (E) The sign complies with ORS 377.720.
     (2) The Department of Transportation may
adopt rules that, for good cause shown, allow a person displaying a temporary
sign to obtain a variance from the restrictions in subsection (1)(b) of this
section. The department shall not consider the content of the sign in deciding
whether to allow a variance.
     (3) The department shall adopt rules for
the approval and preservation of historic signs. Rules adopted under this
subsection may not be based on or allow consideration of the content of the
signs.
     (4) The department shall adopt rules for
the erection and maintenance of permanent signs that do not exceed six square
feet and that provide messages for the safety or convenience of the public.
     (5) ORS 377.700 to 377.840 do not apply to
a sign erected or maintained within a city more than 660 feet from the nearest
edge of the right of way of a state highway, unless the sign is designed to be
viewed primarily from the state highway. [1971 c.770 §14; 1973 c.790 §6; 1975
c.336 §5; 1977 c.265 §3; 1987 c.336 §5; 1993 c.741 §58; 1999 c.877 §7; 2007
c.199 §10]
     377.737
Giving or receiving compensation or value for signs; rules. (1) To determine whether a person is giving
or receiving, or has given or received, compensation or anything of value as
defined by the Department of Transportation by rule for displaying a sign, the
department may issue an investigative demand upon any person it reasonably
believes may have relevant documents or information.
     (2) If any person after being served an
investigative demand under subsection (1) of this section fails or refuses to
obey the demand, the Department of Transportation may request that the
Department of Justice apply to an appropriate circuit court and, after a
hearing, request an order requiring compliance with the demand. [2007 c.199 §2]
     Note: 377.737 was added to and made a part of
377.700 to 377.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     377.740
ORS 377.700 to 377.840 not intended to authorize signs prohibited by other
governmental units. Nothing
in ORS 377.700 to 377.840 and 377.992 is intended to permit a person to erect
or maintain any sign that is prohibited by any governmental unit. [1971 c.770 §25]
     377.745
Limitation on form and size of signs. (1) Except as provided in subsection (3) of this section, an outdoor
advertising sign may not exceed:
     (a) A length of 48 feet;
     (b) A height, excluding foundation and
supports, of 14 feet; or
     (c) A sign area of 825 square feet.
     (2) In determining the dimensions of an
outdoor advertising sign or sign area under this section:
     (a) Cutouts that project beyond the
borders of an outdoor advertising sign shall be included in measuring the area
of a sign, but not the height or length of a sign. The sign area of cutouts
shall be no more than 20 percent of the area of the sign to which attached.
     (b) The limitations apply separately to
each side of a back-to-back sign.
     (c) The size limitations apply separately
to each sign forming a V-type sign.
     (d) The size limitations apply separately
to each of the display surfaces on a tri-vision sign.
     (3) A nonconforming outdoor advertising
sign in existence on May 30, 2007, may continue to exceed the size limitations
established in this section until the sign is reconstructed or relocated, at
which time the sign must comply with subsection (1) of this section. [1971
c.770 §20; 1973 c.790 §7; 1999 c.877 §8; 2007 c.199 §11]
     377.750
Spacing between signs. (1)
For the purpose of applying the spacing provided by subsection (2) of this
section:
     (a) Distances shall be measured lineally
along the highway and parallel to the center line of the highway.
     (b) A back-to-back sign, double-faced
sign, V-type sign or tri-vision sign shall be considered one sign.
     (c) Distance from an interchange shall be
measured from a point departing from or entering onto the main traveled way.
     (2) Except as provided in subsection (3)
of this section, minimum spacing between outdoor advertising signs shall be:
______________________________________________________________________________
                                              Minimum space          Minimum
                                              between signs on        space from
Type of highway                    same
side of               interchange
where erected                         highway (in feet)        (in feet)
Interstate Highway
     Inside cities                      500                             None
     Outside cities                   2,000                          500
Freeway
     Inside cities                      500                             None
     Outside cities                   1,000                          500
Other state highway
     Inside cities                      100                             None
     Outside cities                   500                             None
______________________________________________________________________________
     (3) A nonconforming outdoor advertising
sign in existence on May 30, 2007, may continue to deviate from the spacing
limitations established in this section until the sign is reconstructed or
relocated, at which time the sign shall comply with the spacing limitations
established in this section. [1971 c.770 §21; 1973 c.790 §8; 1997 c.249 §120;
1999 c.877 §9; 2007 c.199 §12]
     377.753
Permits for outdoor advertising signs; rules. (1) Notwithstanding the provisions of ORS 377.715, 377.725 and
377.770, the Department of Transportation may issue permits for outdoor
advertising signs placed on benches or shelters erected or maintained for use
by customers of a mass transit district, a transportation district or other
public transportation agency.
     (2) The department shall determine by rule
the fees and criteria for the number, size, and location of such signs but the
department may not issue a permit for a sign that is visible from an interstate
highway. [2007 c.199 §3]
     Note: 377.753 was added to and made a part of
377.700 to 377.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     377.755 [1971 c.770 §13; 1973 c.790 §9; 1974 s.s.
c.33 §4; 1977 c.256 §1; repealed by
1987 c.336 §7]
     377.756
Permits for signs erected by city or unincorporated community. (1) The Department of Transportation shall
issue permits for the erection of signs authorized by ORS 377.756 to 377.758.
Subject to subsections (2) and (3) of this section, permits shall be issued at
no cost to any city or county that applies or to any nonprofit or civic
applicant approved by a city or county. Each permit entitles the holder of the
permit to erect one sign in accordance with this section.
     (2) Each city may be given permits under
this section entitling the city to erect not more than two signs that are
visible from state highways and that are within the city limits or, pursuant to
a memorandum of understanding with appropriate federal authorities, are no more
than one mile outside of the city limits. The permits may be given directly to
the city or may be given to a nonprofit or civic organization designated by the
city governing body.
     (3) Each county may be given permits under
this section entitling each unincorporated community identified in the county
comprehensive plan, as defined in ORS 197.015, to erect not more than two signs
that are visible from state highways and that are within one mile of the
community growth boundary as designated by the county. The permits may be given
directly to the county or, if the county governing body so authorizes, to an
unincorporated community or a nonprofit or civic organization designated by the
county governing body.
     (4) The department may not issue more than
200 permits under this section. [1987 c.631 §2]
     377.757
Requirements for signs authorized by ORS 377.756; payment of cost of sign. (1) A sign authorized by ORS 377.756 shall
not exceed 48 square feet in size and may not have a vertical or horizontal
dimension of more than eight feet. Nothing in this subsection affects size
requirements for signs of a governmental unit that are authorized under ORS
377.735.
     (2) Signs erected pursuant to ORS 377.756
to 377.758 shall be kept in good repair and shall be clean and attractive.
     (3) A county may require an unincorporated
community authorized to erect a sign under ORS 377.756 to 377.758 to pay for
the cost of erecting and maintaining the sign.
     (4) If a city or county obtains a permit
under ORS 377.756 for a nonprofit or civic organization, the city or county may
require the organization to pay the cost of erecting and maintaining the sign.
     (5) Signs erected pursuant to ORS 377.756
to 377.758 shall conform to the provisions of ORS 377.720. [1987 c.631 §§3,4]
     377.758
Notification by federal authorities of illegal sign; consequences. If appropriate federal authorities notify
the Department of Transportation that the erection of a sign pursuant to any of
the provisions of ORS 377.756 to 377.758 is contrary to any federal law, the
department shall cease issuing permits and shall cause any signs erected
pursuant to ORS 377.756 to 377.758 to be removed. [1987 c.631 §5; 2001 c.104 §128]
     377.760 [1971 c.770 §26; 1973 c.790 §10; repealed by
1987 c.336 §7]
     377.765
Status of previously existing signs; removal upon payment of compensation. (1) Outdoor advertising signs in existence
on May 30, 2007, and lawfully located within commercial or industrial zones in
existence on May 30, 2007, and outdoor advertising signs visible from a road or
street that is designated as a state highway after May 30, 2007, and lawfully
located within a commercial or industrial zone at the time the road or street
is designated as a state highway, may remain. Subject to the provisions of ORS
377.700 to 377.840, such signs may be maintained, reconstructed and relocated.
However, such signs may not be relocated unless a relocation permit has been
issued pursuant to ORS 377.767. A permit may not be issued to relocate an
outdoor advertising sign that was not lawfully in existence on May 30, 2007,
except that outdoor advertising signs that are visible from a road or street
that is designated as a state highway after May 30, 2007, and that are lawfully
located within a commercial or industrial zone at the time the road or street
is designated as a state highway, may be relocated within the same section of
highway.
     (2) All outdoor advertising signs that are
lawfully located outside of a commercial or industrial zone and visible from an
interstate highway or a primary highway shall be removed upon payment of just
compensation as provided by ORS 377.780.
     (3) Upon payment of just compensation, the
Department of Transportation may remove any lawful outdoor advertising sign
located in a scenic area designated pursuant to ORS 377.505 to 377.540.
     (4) Where an outdoor advertising sign was
reconstructed under a waiver, upon payment of just compensation for that
portion of the value that is not covered by the waiver, the department may
remove the outdoor advertising sign.
     (5) Outdoor advertising signs in existence
on May 30, 2007, that are lawfully located outside of a commercial or
industrial zone in existence on July 1, 1971, and visible from a secondary
highway and not within a scenic area existing on July 1, 1971, or thereafter
designated a scenic area may be removed only upon payment of just compensation
as provided in ORS 377.780. Upon payment of just compensation, the department
may remove the outdoor advertising sign. It may not be reconstructed or
replaced if destroyed by natural causes and may not be relocated.
     (6) Subject to subsection (2) of this
section, the department may remove without payment of just compensation every
outdoor advertising sign erected since October 22, 1965, pursuant to a waiver,
adjacent to an interstate highway or a primary highway and outside of a
commercial or industrial zone, unless an owner of such a sign or signs, within
10 days after April 18, 1973, enters into an agreement transferring title to
the signs to the state. Such an agreement may provide for the leasing back of
such signs and for a scheduled removal which shall be not later than December
31, 1975.
     (7) If a secondary highway existing on
July 2, 1971, is subsequently designated as an interstate or primary highway,
upon payment of just compensation, the department may remove outdoor
advertising signs not conforming to the provisions of ORS 377.700 to 377.840.
     (8) If any other highway is designated as
an interstate or primary highway, upon payment of just compensation, the
department may remove a nonconforming outdoor advertising sign lawful before
such designation but nonconforming thereafter.
     (9) Upon the construction or designation
of a secondary highway, after July 2, 1971, an outdoor advertising sign
lawfully in existence and not regulated under ORS 377.700 to 377.840 prior to
such construction or designation is subject to subsection (5) of this section.
     (10) Any outdoor advertising sign lawfully
in existence outside of a city on July 2, 1971, beyond 660 feet from the
nearest edge of the right of way of an interstate or primary highway and
designed to be viewed primarily from such highway shall be removed by July 1,
1976, without compensation. [1971 c.770 §18; 1973 c.28 §1; 1973 c.790 §11; 1975
c.336 §7; 1993 c.376 §3; 2007 c.199 §13]
     377.766
Relocation credit for removal of outdoor advertising sign. (1) An outdoor advertising sign under state
permit prior to May 30, 2007, that has been removed by its owner due to loss of
lease but has not yet been relocated as of May 30, 2007, may continue to have a
relocation credit subject to all requirements for relocation.
     (2) As used in this section, “relocation
credit” means a credit for future relocation of a permitted outdoor advertising
sign that was removed by the owner due to loss of lease, that had no legal
impediment to relocation under ORS 377.767 and for which the owner had not yet
obtained a permit under ORS 377.767 to relocate the sign to a new site. [2007
c.199 §4]
     Note: 377.766 was added to and made a part of
377.700 to 377.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     377.767
Relocation of existing outdoor advertising sign; conditions. A permit or a relocation credit as defined in
ORS 377.766 shall be issued for the relocation of a permitted outdoor
advertising sign lawfully located within a commercial or industrial zone in
existence on May 30, 2007, if the site lease for the sign is terminated for any
reason. The existing outdoor advertising sign may be relocated within any
commercial or industrial zone if the new sign and the new site comply with ORS
377.700 to 377.840, and upon the following conditions:
     (1) The outdoor advertising sign that is
relocated may not have a sign size larger than that specified in the permit for
the sign located on the site on which the lease was terminated. However, an
outdoor advertising sign with 250 square feet or more of display surface on one
side may be increased to the maximum size allowed by ORS 377.700 to 377.840 if
the relocated sign is not visible from Interstate Highway 5, Interstate Highway
205, or Interstate Highway 84. A single-faced sign may be relocated as a
back-to-back sign.
     (2) The site for the relocated sign is not
within the distances set forth below, on the same side of the highway, from a
site from which an outdoor advertising sign was purchased pursuant to the
provisions of ORS 377.700 to 377.840.
______________________________________________________________________________
                                              Distance
in Either
Types of
Highway                Direction
from Site
     Interstate                         2,000 feet
     Freeway                          1,000 feet
     Other
______________________________________________________________________________
     (3)(a) If an outdoor advertising sign is
relocated within a commercial or industrial zone that first came into existence
after January 1, 1973, the site shall be within 750 feet of a developed
commercial or industrial area, as measured parallel to the centerline of the
highway.
     (b) For purposes of this subsection, “developed
commercial or industrial area” includes only the land occupied by a building,
parking lot, storage area or processing area of a commercial or industrial use
and on the same side of the highway.
     (4) A permit may not be issued to relocate
an outdoor advertising sign more than 100 miles from the existing site of the
sign as of May 30, 2007, as measured along public streets, roads or highways
between that site and the proposed new site. For relocation credits that exist
as of May 30, 2007, a permit may not be issued to relocate an outdoor
advertising sign more than 100 miles from the existing site of the sign as of
September 1, 1977, as measured along public streets, roads or highways between
that site and proposed new site.
     (5) Outdoor advertising signs may not be
relocated to a state highway or portion of a state highway designated as part
of the scenic byway system by the Oregon Transportation Commission. If a
portion of a highway is no longer designated as a scenic byway, as provided by
state and federal law, an outdoor advertising sign may be relocated to that
portion subject to ORS 377.700 to 377.840 and 377.992 and any other limitations
provided by law.
     (6) If the outdoor advertising sign being
relocated is relocated as a tri-vision sign, the applicant shall obtain three
equivalent permits or relocation credits and the sign must meet all
requirements of this section.
     (7) If the outdoor advertising sign being
relocated is relocated as a back-to-back tri-vision sign or V-type tri-vision
sign, the applicant shall obtain six equivalent permits and the sign must meet
all requirements of this section. [1975 c.336 §9; 1977 c.265 §4; 1983 c.226 §1;
1993 c.268 §1; 1997 c.249 §121; 1999 c.877 §10; 2007 c.199 §14]
     377.768
Effect of relocation permit on existing sign permit; duty of director. Notwithstanding ORS 377.700 to 377.840:
     (1) Issuance of a permit under ORS 377.767
to relocate an outdoor advertising sign for which a permit has been issued
under ORS 377.725 does not cancel the original permit issued under ORS 377.725
except as provided in this section. The applicant for the permit to relocate
shall surrender the original permit to the Director of Transportation upon
issuance of the permit to relocate. Upon completion of the relocation of the
outdoor advertising sign, including the removal of the sign structure from the
original site, the person holding the permit for relocation of the sign shall
immediately notify the director in writing.
     (2) The director shall retain any permit
surrendered under subsection (1) of this section. If the director:
     (a) Is notified that the relocation of the
outdoor advertising sign is completed within 180 days after the issuance of the
permit for relocation, the director shall cancel the original permit.
     (b) Cancels the permit for relocation
because the relocation of the outdoor advertising sign is not completed within
180 days as required under ORS 377.725, the director shall reinstate the
original permit for the sign to the person whose permit for relocation of the
sign is canceled.
     (3) A permit that is reinstated under
subsection (2) of this section remains valid and retains all rights under ORS
377.725 of a permit that has not been surrendered under this section.
     (4) Relocation credits as defined in ORS
377.766 issued prior to May 30, 2007, and not yet used as of May 30, 2007, are
valid subject to ORS 377.767. [1979 c.146 §2; 1993 c.741 §59; 2007 c.199 §15]
     377.770
Signs in protected, commercial or industrial areas. (1) Signs and outdoor advertising signs
erected or maintained within protected areas shall comply with the sign rules
for protected areas. If any provision of ORS 377.700 to 377.840 or rules
adopted pursuant thereto are more restrictive than the sign rules for protected
areas, the more restrictive provision or rule applies.
     (2) In addition to the requirements
provided by subsection (1) of this section, and subject to ORS 377.505 to
377.540, 377.720, 377.725, 377.745, 377.750 and 377.767:
     (a) Outdoor advertising signs lawfully in
existence on May 30, 2007, may be maintained, reconstructed or relocated within
commercial or industrial zones. Within cities, an outdoor advertising sign may
not be erected more than 660 feet from the nearest edge of the right of way if
the sign is designed to be viewed primarily from a state highway.
     (b) The Legislative Assembly declares it
is the paramount policy of this state to prohibit outdoor advertising signs
visible to the traveling public from a state highway except those lawfully in
existence on May 30, 2007, in commercial or industrial zones established on May
30, 2007, except as provided by ORS 377.753, 377.765 and 377.767. [1971 c.770 §19;
1973 c.790 §12; 1974 c.33 §5; 1975 c.336 §10; 2007 c.199 §16]
     377.773
When sign abandoned; removal.
Any sign that does not have a message on the display surface for a period of
six months is deemed to have been abandoned by the owner and is a noncomplying
sign subject to removal by the Director of Transportation under the procedure
set forth in ORS 377.775. [1974 c.33 §7; 1975 c.336 §11; 1993 c.741 §60; 2007
c.199 §17]
     377.775
Removal procedure for noncomplying signs; ownership issues at hearing;
disposition of removed signs; costs of removal. (1) Any sign that fails to comply with ORS
377.700 to 377.840 is a public and private nuisance. In addition to the
penalties provided by ORS 377.992, such a sign may be removed by the Director
of Transportation or the duly authorized representative of the director as
provided by this section. The director may enter upon private property and
remove the sign without incurring any liability therefor.
     (2) If a noncomplying sign does not bear
the name and address of its owner or if the owner is not readily identified and
located, the director may remove it immediately.
     (3)(a) If a noncomplying sign bears the
name and address of its owner or if the owner of the sign is readily identified
and located, the director shall notify the owner that the sign is in violation
of ORS 377.700 to 377.840 and that the owner has 30 days from the date of the
notice within which to make the sign comply, to remove the sign or to request a
hearing before the director within the time specified in the notice.
     (b) If the sign is not made to comply or
is not removed and if the owner does not request a hearing within the time
required, or if the owner after a hearing fails to comply with the final order
in the proceedings, the director or the duly authorized representatives of the
director may remove and destroy or otherwise dispose of the sign.
     (4)(a) If the person who receives notice
under subsection (3) of this section intends to raise issues regarding
ownership interests in the sign or its appurtenances in a hearing requested
under subsection (3) of this section, the request for hearing must include
notice that the person intends to raise those issues and must contain the names
and addresses of all persons who have ownership interests in the sign or its
appurtenances.
     (b) If the person requesting the hearing
under subsection (3) of this section fails to include notice of intent to raise
issues regarding ownership interests, the person may not raise the issues in
the hearing. In addition, the person who requested the hearing may not raise
issues regarding ownership interests of any person whose name and address the
person who requested the hearing has failed to provide as required by paragraph
(a) of this subsection.
     (c) For purposes of this subsection, an
ownership interest includes, but is not limited to:
     (A) An interest in the land on which the
sign is located, in the sign structure and in the display surface; and
     (B) A right to operate the sign, whether
the right is created by lease, operating agreement or otherwise.
     (5)(a) The director shall, after removing
a sign in accordance with subsection (2) of this section, place the sign in
storage for 30 days while the director makes a further effort to find its
owner.
     (b) If the owner cannot be found within 30
days, the director may, without incurring any liability therefor, destroy or
otherwise dispose of the sign.
     (c) If the owner is found within 30 days,
the owner may be required to remove the sign from storage.
     (d) If the owner is found at any time, the
director may recover from the owner the cost of storage. The cost of storage is
in addition to the cost of removal payable under subsection (6) of this
section.
     (6) The owner is liable for, and the
director shall collect, the costs of removing a sign. Costs shall be determined
by the director on the basis of actual costs of removal or on a square-foot
flat fee basis.
     (7) A hearing under this section shall be
conducted as a contested case hearing under ORS chapter 183. [1971 c.770 §17;
1973 c.790 §13; 1977 c.265 §5; 1993 c.741 §61; 2001 c.508 §2; 2007 c.199 §18]
     377.777
Action to enjoin person from violation of ORS 377.700 to 377.840. If the Department of Transportation has
issued three or more final orders in a 12-month period finding that a person
has violated one or more provisions of ORS 377.700 to 377.840, the Director of
Transportation may file an action for injunctive relief to enjoin the person,
or any other entity substantially controlled or directed by the person, from
further violating ORS 377.700 to 377.840. The action may be filed in the
Circuit Court for
     Note: 377.777 was added to and made a part of
377.700 to 377.840 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
     377.780
Removal of outdoor advertising signs; payment of compensation; value
determinations. (1) Where
the Department of Transportation elects to remove and pay for a sign visible
from secondary highways pursuant to ORS 377.765 (5), upon removal, the
department shall pay just compensation.
     (2) For the purposes of ORS 377.700 to
377.840, the department may acquire by purchase, agreement, donation or
exercise of the power of eminent domain land or an interest in land or a sign.
The department shall pay just compensation for:
     (a) The taking from the owner of such
lawfully located sign all right, title, leasehold and interest in such sign;
and
     (b) The taking from the owner of the real
property on which the sign is located the right to place such sign thereon.
     (3) When the department is required under
ORS 377.700 to 377.840 to make payment therefor to remove a sign, the payment
shall be for the value of the items specified by subsection (2) of this
section, as determined by the department. In determining value, the department
shall use the accepted appraisal method customarily used in such cases or the
method prescribed by federal regulations, if any, applicable to such appraisals
or payments, whichever results in the lowest valuation. However, in any case,
the department shall so appraise such signs or rights taken by whatever method
may be required to avoid imposition of a reduction in the amount of federal
highway funds the state otherwise would be eligible to receive. [1971 c.770 §16;
1973 c.790 §14; 1975 c.336 §12; 2007 c.199 §19]
     377.785 [1971 c.770 §5; 1973 c.790 §15; 1983 c.324 §36;
1985 c.104 §4; renumbered 285.163 in 1991]
     377.787
Contracts to study traveler information needs; council to establish sign
programs; rules. (1) The
Travel Information Council may enter into contractual or other agreements with
other governmental agencies of this state or an independent contractor to study
various ways of providing information deemed necessary to the traveling public
by signs, information centers or other means. The council may also enter into
contractual or other agreements with other governmental agencies of this state
or an independent contractor for the construction of experimental signs or
displays to provide information deemed necessary to the traveling public.
     (2) Notwithstanding any other provisions
of ORS 377.700 to 377.840, the Travel Information Council shall institute logo
sign and motorist informational sign programs on the state highway system and
adopt any rules necessary to carry out such programs. [1979 c.478 §§5,7; 2007
c.199 §20]
     377.790
Construction, maintenance and operation of tourist and motorist informational
signs. Pursuant to the terms
of a written agreement between the Department of Transportation and the Travel
Information Council:
     (1) The department shall furnish, erect
and maintain motorist informational signs, logo signs, tourist oriented
directional signs and sign plazas as requested by the council. Such signs shall
be erected and maintained at locations the council considers appropriate. The
department may contract for the furnishing, erection and replacement of all
such sign plazas, logo signs, tourist oriented directional signs and motorist
informational signs to be erected upon a state highway, in tourist information
centers, rest areas or other places.
     (2) In carrying out its responsibilities
under ORS 377.700 to 377.840 the council may enter into contractual or other
agreements with a city, county or other governmental agency of this state or
with an independent contractor providing for the erection, maintenance,
administration and operation of sign plazas, logo signs, tourist oriented
directional signs and motorist informational signs and collection of the permit
fees charged therefor, or for other matter authorized under ORS 377.700 to
377.840 requiring council consideration. When soliciting contracts for goods or
professional services, the council shall:
     (a) Require that an independent
contractor, city, county or other governmental agency of the state submit a
competitive bid;
     (b) Review bids submitted;
     (c) Select the contractor; and
     (d) Enter into a written contract with the
selected contractor, subject to contract specifications established by the
department. [1971 c.770 §6; 1973 c.790 §16; 1983 c.111 §3; 1993 c.745 §7; 2003
c.14 §164]
     377.795
Allocation of costs of telephone informational system; webpage fee; disposition
of receipts. (1) Whenever
the Travel Information Council establishes a telephone reservation system for
lodging accommodations or other travel services at a sign plaza, the costs
thereof shall be apportioned among the subscribing motels, hotels, trailer
parks, campgrounds or providers of other travel services on a per room or other
equitable basis.
     (2)(a) Whenever the council establishes a
tourist and motorist information Internet webpage, or cooperates with the
Department of Transportation or another public or private entity to provide
information about travel services through an Internet webpage, the council may
charge a fee for advertisement by, or information provided on the Internet
webpage on behalf of, the providers of travel services.
     (b) The council may not place an
advertisement for a provider of travel services on an Internet webpage
identified as a department webpage. The department may place a link to the
councilÂ’s Internet webpage on an Internet webpage identified as a department
webpage.
     (3) If the council and the Department of
Transportation decide to use the telephone system or the tourist and motorist
information Internet webpage for emergency or other services, an appropriate
portion of the overall telephone and Internet costs shall be borne by the
department.
     (4) Receipts shall be deposited monthly,
before the 10th day of the month, to the Travel Information Council account
required by ORS 377.840.
     (5) The council may enter into one or more
contracts providing for the promotion and sale of logos, motorist informational
signs, sign plazas, subscriptions to the telephone reservation service and
subscriptions to the tourist and motorist information Internet webpage. [1971
c.770 §7; 1973 c.790 §17; 1993 c.745 §8; 2001 c.296 §1; 2003 c.14 §165]
     377.800
Tourist and motorist informational signs; logo signs; sign and travel plazas. (1) For the convenience and information of
the traveling public, a person may upon obtaining a permit therefor display
messages as may be allowed by rule adopted by the Travel Information Council
for the particular type of sign on a motorist informational sign, tourist
oriented directional sign or logo sign or at a sign plaza or travel plaza.
     (2) The Travel Information Council may not
erect a travel plaza on public lands without first obtaining consent from the
agency that owns the land. [1971 c.770 §9; 1973 c.790 §18; 1975 c.336 §13; 1983
c.111 §4; 2007 c.199 §25]
     377.805
Form of tourist and motorist informational signs; use of logo signs. (1) The Travel Information Council shall by
regulation prescribe the size, shape, color, lighting, and lettering of and
manner of displaying messages on tourist oriented directional signs, logo signs
and motorist informational signs.
     (2) When appropriate, logo signs, tourist
oriented directional signs and motorist informational signs shall be displayed
in tiers or on panels. With the approval of the Director of Transportation, the
council shall specify the types of locations where such a sign or panel may be
erected or maintained, and the size, shape, lighting and other characteristics
of the panels, including the location of signs thereon. Tiers or panels may be
established at reasonably spaced intervals or at sign plazas.
     (3) Distinctive signs shall be allowed to
the extent considered practicable by the council. Logo signs shall be the
primary means used to indicate the availability of one or more brands of motor
fuel. Logos shall be of the shape, color and wording customarily used by the
company. Logo signs and tourist oriented directional signs shall be placed
adjacent to the traveled portion of the highway so as to be easily read by
motorists without slowing or stopping. [1971 c.770 §10; 1973 c.790 §19; 1983
c.111 §5; 1993 c.741 §62]
     377.810 [1971 c.770 §12; repealed by 1973 c.790 §27]
     377.820
Application for tourist or motorist informational sign permit; investigation;
disposition. (1) An
application for a tourist oriented directional sign, logo sign or a motorist
informational sign permit shall be submitted to the Travel Information Council
on a form prescribed by the council. The application shall set forth the name
and address of the applicant; the name, nature and location of the business or
activity; the location where a tourist oriented directional sign, logo sign or
a motorist informational sign is desired; and such other information as the
council may require. The applicant shall tender with the application the permit
fee required under ORS 377.825 for each sign requested.
     (2) Upon receipt of an application for a
tourist oriented directional sign, logo sign or a motorist informational sign,
the council shall refer the application to the Department of Transportation.
Upon receipt of the application the department shall do all the following:
     (a) Notify any city in which a sign is
proposed to be located of the proposed location and composition of the sign and
seek comments from the city.
     (b) Investigate the facts and make a
report to the council with its recommendations thereon.
     (c) Not recommend approval of an
application unless the requested location conforms to the requirements
prescribed by the council under ORS 377.805 and, if applicable, unless the
applicant is complying with all statutes and rules of the State Health Officer
regarding restaurants and places of public accommodation.
     (d) Notify the council promptly in writing
of the results of its investigation and its recommendations and the reasons for
any recommended disapproval.
     (3) If the council approves the
application it shall issue the permit and forward the original to the applicant
and a copy thereof to the director. If it is not approved, the council shall
return the application and fee, stating the reasons for disapproval and giving
the applicant opportunity to correct any defects or to be heard within 30 days
by the council and to present evidence, with or without counsel at the
applicantÂ’s discretion. Upon written request, the council shall hear the matter
and notify the applicant of its findings and decision. The applicant may then
appeal in the manner provided by ORS chapter 183. [1971 c.770 §24; 1973 c.790 §20;
1983 c.111 §6; 1983 c.523 §1a; 1993 c.741 §63]
     377.825
Fees for sign applications, maintenance costs and reinstallation. (1) An applicant for a logo sign, tourist
oriented directional sign or a motorist informational sign shall pay to the Travel
Information Council an initial permit fee and an annual renewal fee which shall
be determined for each year by the council in advance of such year.
     (2) The council may establish a fee
schedule for maintenance costs.
     (3) The council may establish a fee for
reinstallation of a sign that has been removed. [1971 c.770 §27; 1973 c.790 §21;
1983 c.111 §7; 1991 c.525 §1; 1999 c.38 §1]
     377.830
Limitation on motorist informational sign permits; use of logo signs. Notwithstanding any other provisions of ORS
377.700 to 377.840, the Travel Information Council shall not issue, for any one
place or business eligible therefor, more than two permits for motorist
informational or logo signs for one direction of travel on a state highway
leading to the place or business. Where a logo is available it shall be used
and shall be one of the two allowable signs. [1971 c.770 §11; 1973 c.790 §22;
1983 c.111 §8]
(Administration)
     377.835
Creation of Travel Information Council as semi-independent state agency;
members; qualifications; appointment; terms; chairperson; quorum; rules. (1) The Travel Information Council is
created as a semi-independent state agency.
     (2) The Travel Information Council shall
consist of 11 members. One shall be the chairperson of the Oregon Transportation
Commission or a person within the Department of Transportation designated by
the chairperson and 10 appointed members as follows: Two members from among the
lodging, restaurant and recreation industries; one member from the vehicular
service industry; one member from the outdoor advertising industry; one member
from the electrical sign industry; and five members from the public at large.
The public at-large members shall be appointed from among the residents of each
congressional district. None of the public at-large members shall have any
financial interest in any restaurant, hotel, motel, recreational facility,
garage, oil company or other vehicular service industry, or in any advertising
business other than shares of stock that are traded on a national stock
exchange.
     (3) The 10 appointed members shall be
appointed by the Governor. Each shall be appointed to serve for a term of four
years but a member may be removed at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause the Governor shall make an
appointment to become effective immediately for the unexpired term. Five shall
be appointed biennially on July 2 in odd-numbered years.
     (4) The council shall select one of its
members as chairperson, another as vice chairperson and a third as secretary.
Six members shall constitute a quorum for the transaction of business. The council
shall meet quarterly at a time and place to be determined by the chairperson.
The chairperson or any three members of the council may call a special meeting
upon not less than one weekÂ’s written notice to the other members. All members
are entitled to expenses as provided by ORS 292.495.
     (5) The council may, in accordance with
ORS chapter 183 and consistent with ORS 377.700 to 377.840, adopt and from time
to time amend and repeal rules relating to tourist oriented directional signs,
logo signs and motorist informational signs and all other matters necessary and
appropriate to carry out its responsibilities under ORS 377.700 to 377.840. The
sign rules for protected areas in effect on July 2, 1971, shall be continued in
effect unless modified by the commission. All such rules shall be consistent
with federal laws and regulations relating to highways. The Director of
Transportation shall take appropriate action for the administration and
enforcement of orders issued and rules adopted under ORS 377.700 to 377.840.
     (6) The commission may continue or amend
any existing agreements and may enter into new agreements with the United
States or any agency thereof authorized to make agreements under section 131,
title 23, United States Code relating to the regulation, control and removal of
signs within or adjacent to the Interstate and Federal Aid Systems.
     (7) The council shall be under the
administrative control of a director who is appointed by and who holds office
at the pleasure of the council. The director of the Travel Information Council
may appoint all subordinate officers and employees of the council and may
prescribe their duties and fix their compensation. The director of the Travel
Information Council may delegate to any subordinate officer or employee any
administrative duty, function or power imposed upon the council by or pursuant
to law. [1971 c.770 §4; 1973 c.790 §23; 1981 c.545 §5; 1983 c.111 §9; 1993
c.741 §§64,64a; 1997 c.632 §6]
     377.836
Application of certain statutes to Travel Information Council. (1) Except as otherwise provided by law, and
except as provided in subsection (2) of this section, the provisions of ORS
279.835 to 279.855 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291,
292 and 293 do not apply to the Travel Information Council. The council is
subject to all other statutes governing a state agency that do not conflict
with ORS 377.700 to 377.840, including the tort liability provisions of ORS
30.260 to 30.300 and the provisions of ORS chapter 183. Subject to the requirements
of ORS chapters 238 and 238A, the councilÂ’s employees are members of the Public
Employees Retirement System.
     (2) The following shall apply to the
council:
     (a) ORS 279A.250 to 279A.290;
     (b) ORS 282.210 to 282.230; and
     (c) ORS 293.235, 293.240, 293.245,
293.611, 293.625 and 293.630. [1993 c.745 §4; 1997 c.249 §122; 2003 c.733 §77;
2003 c.794 §268]
     377.837 [1973 c.790 §26; repealed by 1983 c.111 §10]
     377.838
Authority of director of Travel Information Council. (1) Except as provided in subsection (2) of
this section, in carrying out the duties, functions and powers of the Travel
Information Council, the director of the Travel Information Council may
contract with any state agency for the performance of such duties, functions
and powers as the council considers appropriate.
     (2) The director of the Travel Information
Council shall not, without the prior approval of the council:
     (a) Award any contract for goods or
professional services in excess of $25,000; or
     (b) Authorize any expenditure of moneys in
excess of $25,000.
     (3) The council shall file with the
Governor and the Legislative Assembly an annual report of the activities and
operations of the council. [1993 c.745 §5; 1993 c.741 §64b]
     377.840
Travel Information Council account; budget process; disposition of moneys
received. (1) All moneys
collected or received by the Travel Information Council shall be deposited into
a Travel Information Council account established in a depository insured by the
Federal Deposit Insurance Corporation or the National Credit Union Share
Insurance Fund. In a manner consistent with the requirements of ORS 295.001 to
295.108, the chairperson of the council shall insure that sufficient collateral
secures any amount of funds on deposit that exceeds the limits of the coverage
of the Federal Deposit Insurance Corporation or the National Credit Union Share
Insurance Fund. Subject to the chairpersonÂ’s approval, the council may invest
moneys collected or received by the council. Investments made by the council
are limited to the types of investments listed in ORS 294.035. Interest earned
from any amounts invested shall be made available to the council in a manner
consistent with the councilÂ’s approved biennial budget.
     (2) Subject to the approval of the
chairperson or director of the Travel Information Council, all necessary
council expenses shall be paid from the moneys collected or earned by the
council.
     (3)(a) The Travel Information Council
shall adopt a budget on a biennial basis using the classifications of expenditures
and revenues required by ORS 291.206 (1). However, the budget shall not be
subject to review and approval by the Legislative Assembly or to future
modification by the Emergency Board or Legislative Assembly.
     (b) The council shall adopt a budget only
after a public hearing thereon. At least 15 days prior to any public hearing on
the budget, the council shall give notice of the hearing to all persons known
to be interested in the proceedings of the council and to any person who
requests notice.
     (4) All expenditures from the Travel
Information Council account are exempt from any state expenditure limitation.
The Travel Information Council shall follow generally accepted accounting
principles and keep such other financial and statistical information as may be
necessary to completely and accurately disclose the financial condition and
financial operations of the council as may be required by the Secretary of
State.
     (5) As used in this section, “depository”
has the meaning given in ORS 295.001. [1971 c.770 §29; 1973 c.790 §24; 1987
c.57 §1; 1987 c.336 §6; 1993 c.741 §64c; 1993 c.745 §6; 1995 c.245 §12; 2003
c.405 §7; 2007 c.871 §28]
     Note: The amendments to 377.840 by section 28,
chapter 871, Oregon Laws 2007, become operative July 1, 2008, and apply to all public
funds on deposit on or after July 1, 2008. See sections 36 and 37, chapter 871,
Oregon Laws 2007, as amended by sections 39 and 40, chapter 871, Oregon Laws
2007. The text that is operative until July 1, 2008, is set forth for the userÂ’s
convenience.
     377.840. (1) All moneys collected or received by the
Travel Information Council shall be deposited into a Travel Information Council
account established in a depository bank insured by the Federal Deposit
Insurance Corporation or the National Credit Union Share Insurance Fund. In a
manner consistent with the requirements of ORS chapter 295, the chairperson of
the council shall insure that sufficient collateral secures any amount of funds
on deposit that exceeds the limits of the coverage of the Federal Deposit
Insurance Corporation or the National Credit Union Share Insurance Fund.
Subject to the chairpersonÂ’s approval, the council may invest moneys collected
or received by the council. Investments made by the council are limited to the
types of investments listed in ORS 294.035. Interest earned from any amounts
invested shall be made available to the council in a manner consistent with the
councilÂ’s approved biennial budget.
     (2) Subject to the approval of the
chairperson or director of the Travel Information Council, all necessary
council expenses shall be paid from the moneys collected or earned by the
council.
     (3)(a) The Travel Information Council
shall adopt a budget on a biennial basis using the classifications of
expenditures and revenues required by ORS 291.206 (1). However, the budget
shall not be subject to review and approval by the Legislative Assembly or to
future modification by the Emergency Board or Legislative Assembly.
     (b) The council shall adopt a budget only
after a public hearing thereon. At least 15 days prior to any public hearing on
the budget, the council shall give notice of the hearing to all persons known
to be interested in the proceedings of the council and to any person who
requests notice.
     (4) All expenditures from the Travel
Information Council account are exempt from any state expenditure limitation.
The Travel Information Council shall follow generally accepted accounting
principles and keep such other financial and statistical information as may be
necessary to completely and accurately disclose the financial condition and
financial operations of the council as may be required by the Secretary of
State.
     (5) As used in this section, “depository
bank” has the meaning given in ORS 295.001.
     377.845
Use of funds by Department of Transportation after repayment of highway fund. After the Travel Information Council has
repaid the State Highway Fund for all moneys advanced or owed it may then
utilize any funds received in excess of expenses to reimburse the Department of
Transportation for such part of the cost of providing public service
information in sign plazas in rest areas as the council may decide and also for
the acquisition of outdoor advertising signs located outside of commercial or
industrial zones adjacent to secondary highways. The Travel Information Council
may enter into such agreements with the department as are necessary to carry
out the provisions of this section. [1975 c.336 §15]
PENALTIES
     377.990 [Amended by 1953 c.335 §2; subsection (4) of
1957 Replacement Part enacted as 1955 c.541 §19; repealed by 1959 c.309 §22]
     377.992
Penalties. (1)(a) A person
who violates any provision of ORS 377.510 or 377.700 to 377.840 or any
regulation of the Travel Information Council adopted pursuant thereto is
subject to a civil penalty of up to $100 per day for each day of violation.
Except as otherwise provided in paragraph (b) of this subsection, the maximum
penalty under this subsection for a violation is $3,000 per sign.
     (b) A person who violates ORS 377.725 is
subject to a civil penalty of up to $100 per day for each day of violation, up
to a maximum amount established by the Department of Transportation by rule.
     (c) Civil penalties under this subsection
shall be imposed in the manner provided by ORS 183.745.
     (2) Violation of the conditions and
provisions of a permit procured under ORS 377.050 by any person having procured
the permit is punishable, upon conviction, by a fine of not more than $100, or
imprisonment in the county jail for not more than 30 days or both.
     (3) Violation of ORS 377.030 to 377.050,
377.510, 377.620 (2) or 377.635 is punishable, upon conviction, by a fine of
not more than $100, or imprisonment in the county jail for not more than 30
days, or both. [1971 c.770 §28; 2001 c.508 §3]
     Note: Sections 26 and 27, chapter 199, Oregon Laws
2007, provide:
     Sec.
26. Sign Task Force. (1)
There is created the Sign Task Force on outdoor signs, consisting of 13 members
appointed as follows:
     (a) The President of the Senate shall
appoint one member from among members of the Senate.
     (b) The Speaker of the House of
Representatives shall appoint one member from among members of the House of
Representatives.
     (c) The Governor shall appoint one
representative from the Department of Transportation.
     (d) The Attorney General shall appoint one
member.
     (e) The Director of Transportation shall
appoint three representatives from the outdoor sign industry holding 300 or
more outdoor sign permits and relocation credits combined.
     (f) The director shall appoint three
representatives from the outdoor sign industry holding fewer than 300 outdoor
sign permits and relocation credits combined.
     (g) The director shall appoint one
representative from an organization that promotes scenic values.
     (h) The director shall appoint one representative
who is a landowner and who receives compensation from outdoor advertising
companies.
     (i) The director shall appoint one
representative from an advertising agency that does business with outdoor
advertising companies in this state.
     (2) The task force shall examine:
     (a) Permitting of tri-vision signs;
     (b) Ownership, use and other issues
regarding relocation credits;
     (c) Emerging technologies in the outdoor
sign industry;
     (d) Increasing the penalties for violation
of outdoor sign regulations;
     (e) Just compensation related to required
removal of outdoor advertising signs; and
     (f) Any other issue relating to the
regulation of the outdoor sign industry the task force determines is
appropriate.
     (3) A majority of the members of the task
force constitutes a quorum for the transaction of business.
     (4) Official action by the task force
requires the approval of a majority of the members of the task force.
     (5) The task force shall elect one of its
members to serve as chairperson.
     (6) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective.
     (7) The task force shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the task force.
     (8) The task force shall have its first
meeting on or before the later of 30 days after adjournment sine die of the
regular session of the Seventy-fourth Legislative Assembly or July 31, 2007.
     (9) The task force may adopt rules
necessary for the operation of the task force.
     (10) The task force shall submit a report,
and may include recommendations for legislation, to an interim committee
related to transportation as appropriate no later than November 1, 2008.
     (11) The Department of Transportation
shall provide staff support to the task force.
     (12) Members of the task force who are not
members of the Legislative Assembly are not entitled to compensation but may be
reimbursed for actual and necessary travel and other expenses incurred by them
in the performance of their official duties in the manner and amounts provided
for in ORS 292.495. Claims for expenses incurred in performing functions of the
task force shall be paid out of funds appropriated to the department for that
purpose.
     (13) All agencies of state government, as
defined in ORS 174.111, are directed to assist the task force in the
performance of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the members of the
task force consider necessary to perform their duties. [2007 c.199 §26]
     Sec.
27. Section 26 of this 2007
Act is repealed on the date of the convening of the next regular biennial
legislative session. [2007 c.199 §27]
     377.995 [1959 c.309 §21; subsection (5) enacted as
1961 c.615 §17; subsection (6) enacted as 1961 c.614 §11; subsection (7)
enacted as 1967 c.590 §12; repealed by 1971 c.770 §31]
_______________
CHAPTERS 378 TO 380
[Reserved for expansion]
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