2006 Code of Virginia § 33.1-373 - Advertising on rocks, poles, etc., within limits of highway; civil penalty

33.1-373. Advertising on rocks, poles, etc., within limits of highway;civil penalty.

Any person who in any manner (i) paints, prints, places, puts or affixes anyadvertisement upon or to any rock, stone, tree, fence, stump, pole,mile-board, milestone, danger-sign, guide-sign, guidepost, highway sign,historical marker, building or other object lawfully within the limits of anyhighway or (ii) erects, paints, prints, places, puts, or affixes anyadvertisement within the limits of any highway shall be assessed a civilpenalty of $100. Each occurrence shall be subject to a separate penalty. Allcivil penalties collected under this section shall be paid into the HighwayMaintenance and Operating Fund. Advertisements placed within the limits ofthe highway are hereby declared a public and private nuisance and may beforthwith removed, obliterated, or abated by the Commonwealth TransportationCommissioner or his representatives without notice. The CommonwealthTransportation Commissioner may collect the cost of such removal,obliteration, or abatement from the person erecting, painting, printing,placing, putting, affixing or using such advertisement. When no one isobserved erecting, painting, printing, placing, putting, or affixing suchsign or advertisement, the person, firm or corporation being advertised shallbe presumed to have placed the sign or advertisement and shall be punishedaccordingly. Such presumption, however, shall be rebuttable by competentevidence. In addition, the Commissioner or his representative may seek toenjoin any recurring violator of this section.

The provisions of this section shall not apply to signs or other outdooradvertising regulated under Chapter 7 ( 33.1-351 et seq.) of this title.

(Code 1950, 33-319; 1970, c. 322; 1993, c. 538; 1994, c. 696.)

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