Report Title:

Outdoor Advertising; Political Signs

Description:

Establishes conditions under which political signs may be displayed on residential property.

HOUSE OF REPRESENTATIVES

H.B. NO.

2705

TWENTY-THIRD LEGISLATURE, 2006

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to outdoor advertising.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the proliferation of signs on residential property is unduly distracting to motorists and pedestrians, creates traffic hazards, and reduces the effectiveness of signs that are needed to direct and warn the public. The legislature also finds that the proliferation of signs restricts light and air, negatively affects property values, and results in inappropriate uses of land.

The legislature further finds that the natural visual beauty of Hawaii's islands is greatly diminished by the proliferation of signs and that the visual clutter created by signage reduces the enjoyment of residents and visitors alike. This interference with the outstanding natural beauty of Hawaii can have a negative effect on the State's economy because visitors may decline to come to the islands if the legislature fails to protect the scenic qualities of the State. In addition, studies show that consumers are willing to pay more for goods in areas that are visually attractive.

Furthermore, the legislature finds that the preservation of the appearance, aesthetics, and scenic views of the State provides citizens with increased and more consistent physical and mental health, as demonstrated by numerous studies. These studies have concluded that: workers who have a view of nature experience less sickness and have a higher job satisfaction; patients who have views of nature from their rooms recover significantly faster than those who do not; appealing aesthetic features contribute to reduced crime rates; and those who drive in scenic areas not cluttered with buildings and signage have lower frustration. In 1978, the people of Hawaii emphasized the importance of protecting Hawaii's natural beauty by adding article XI, section 1, to Hawaii's constitution, which states: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources...." This Act to regulate outdoor advertising is designed to carry out the mandate laid out in article XI, section 1 of Hawaii's constitution.

The purpose of this Act is to permit certain outdoor signs that will not, by their size, location, construction, or manner of display, endanger the safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety, or otherwise endanger the public health, safety and welfare. In addition to the public safety concerns, the legislature finds that the following purposes will also be achieved by this Act:

(1) The preservation of the residential character of residential neighborhoods;

(2) The preservation of order and cleanliness;

(3) The avoidance of the appearance of clutter;

(4) The protection of property values;

(5) The avoidance of litter and the growth of weeds around signs;

(6) The reduction in traffic hazards caused by distractions to motorists and impairment of sight lines;

(7) The assurance that the State remains an attractive place to live, work, and visit;

(8) The reduction of administrative burdens; and

(9) The protection of the health, safety, welfare, morals, convenience and comfort of the public.

SECTION 2. Section 445-112, Hawaii Revised Statutes, is amended to read as follows:

"§445-112 Where and when permitted. No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:

(1) The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law;

(2) Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held. Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services;

(3) Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business;

(4) Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed;

(5) The offering for sale of merchandise bearing incidental advertising, including books, magazines, and newspapers, in any store, newsstand, vending machine, rack, or other place where such merchandise is regularly sold;

(6) Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building of which part is so offered;

(7) Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods;

(8) Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities;

(9) Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism;

(10) Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism;

(11) [Signs urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law;] Signs expressing a viewpoint on any issue or candidate may be erected and maintained on residential property; provided that the signs meet the following requirements:

(A) Each sign displayed is no larger than four feet by two feet and the total area of all signs for each residential unit does not exceed sixteen square feet;

(B) Each sign is set back at least fifteen feet from the right of way or, if the location of the residential structure does not allow for this setback, is attached to the building itself or placed in a window of the building; provided that the signs are located in such a way that links the signs to the particular residential unit expressing the viewpoint;

(C) The signs do not offer for sale, promote, or advertise any business enterprise or any commercial product, service, or entertainment;

(D) No sign may be posted when a resident or owner of the property has received any payment, fee, or other economic benefit of any sort for the display of the sign; and

(E) No billboard, sign, or outdoor advertising device on residential property may be illuminated by any form of artificial lighting. For purposes of this subparagraph, the term "residential property" shall refer to separate residential properties that have separate tax map keys, except that, in a multi-family dwelling structure with separate residential units, each separate unit shall be entitled to display signs meeting the requirements listed in this paragraph; provided that the signs are located in an outdoor area or affixed to the building in a way that links the signs to the particular residential unit whose residents express the viewpoint;

(12) Signs stating that a residence that is offered for sale, lease, or rent is open for inspection at the actual time the sign is displayed and showing the route to the residence; provided that the sign contains no words or designs other than the words "Open House", the address of the residence, the name of the person or agency responsible for the sale, and an arrow or other directional symbol and is removed during such time as the residence is not open for inspection;

(13) The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section;

(14) The continued display and maintenance of outdoor advertising devices actually displayed on July 8, 1965, in accordance with all laws and ordinances immediately theretofore in effect;

(15) The continued maintenance of any billboard actually maintained on July 8, 1965, and the display thereon of the same or new advertising devices, all in accordance with all laws and ordinances in effect immediately prior to July 9, 1965;

(16) Any outdoor advertising device displayed with the authorization of the University of Hawaii on any scoreboard of any stadium owned by the university. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium;

(17) Any temporary outdoor advertising device attached to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to be displayed by the university. For the purpose of this paragraph, "temporary" means displayed for a short period before the official start of organized athletic competition, during the organized athletic competition, and for a short period after the official end of the organized athletic competition; and

(18) Any outdoor advertising device displayed with the authorization of the stadium authority on any scoreboard of any stadium operated by the stadium authority. An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________