Report Title:

Outdoor Advertising; Residential Property

Description:

Establishes conditions under which signs expressing a viewpoint on any issue or on any candidate for election may be displayed on residential property. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2705

TWENTY-THIRD LEGISLATURE, 2006

H.D. 1

STATE OF HAWAII

S.D. 1


 

A BILL FOR AN ACT

 

relating to outdoor advertising.

 

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

SECTION 1. The purpose of this Act is to permit certain outdoor signs that will not, by their size, 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 these public safety concerns, the legislature also wishes to address the following concerns 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:] below, and as may be limited by section 445-A:

(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;] expressing a viewpoint on any issue or on any candidate for election may be erected and maintained on residential property; provided that the signs shall meet the following requirements:

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

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

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

(D) No billboard, sign, or outdoor advertising device on residential property may be illuminated by any form of artificial lighting; and

(E) In the case of any sign expressing a viewpoint on any candidate for election or any ballot issue, no sign shall be erected on residential property more than forty-five days before the day of the election for which the candidate has been nominated or by which the ballot issue is to be decided, and no sign shall be maintained on residential property more than ten days after the day of the election for which the candidate was nominated or by which the ballot issue was to be decided.

For the purposes of this paragraph, "residential property" refers 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 manner 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. Chapter 445, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§445-A  Residential devices; size limitations. (a) The billboards or displays of outdoor advertising devices allowed under section 445-12, if erected, maintained, used, or displayed on residential property shall only be allowed if they comply with the following additional requirements:

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

(2) 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; "economic benefit" shall not include any benefit derived by the resident or owner of the property from the effect of the advertising.

(b) For purposes of this section, the term "residential property" shall refer to any 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 subsection (a)(1).

(c) A dwelling structure with multiple separate residential units may, on its common areas, display signs that are no larger than eight by four feet, provided that the total area of all signs for such common areas of a structure does not exceed sixty-four square feet."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon approval.