HOUSE OF REPRESENTATIVES	H.B. NO.	2111
TWENTY-FIFTH LEGISLATURE, 2010
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 State has a substantial interest in traffic safety and aesthetics.

     The purpose of this Act is to close a loophole that allows a person to place unregulated vehicle wraps on their vehicles or trailers for others, either compensated or not.  This Act does not prohibit vehicle wraps, but allows the counties to regulate them.

     SECTION 2.  Section 445-111, Hawaii Revised Statutes, is amended to read as follows:

     "§445-111  Definitions. (a)  As used in this chapter:

     [(1)] "Outdoor advertising device" means any device which is:

       [(A)]  (1)  A writing, picture, painting, light, model, display, emblem, sign, or similar device situated outdoors, which is so designed that it draws the attention of persons in any public highway, park, or other public place to any property, services, entertainment, or amusement, bought, sold, rented, hired, offered, or otherwise traded in by any person, or to the place or person where or by whom such buying, selling, renting, hiring, offering, or other trading is carried on;

       [(B)]  (2)  A sign, poster, notice, bill, or word or words in writing situated outdoors and so designed that it draws the attention of and is read by persons in any public highway, park, or other public place; or

       [(C)]  (3)  A sign, writing, symbol, or emblem made of lights, or a device or design made of lights so designed that its primary function is not giving light, which is situated outdoors and draws the attention of persons in any public highway, park or other public place.

     [(2)] "Billboard" is any board, fence, or similar structure, whether free-standing or supported by or placed against any wall or structure, which is designed or used for the principal purpose of having outdoor advertising devices placed, posted, or fastened upon it.

"Vehicle wrap" is a custom, full color design that is applied to the entire surface of a motor vehicle.

     [(3)] (b)  Any person who, by oneself or through any agent or independent contractor, maintains or displays any outdoor advertising device, or any person who knowingly causes any outdoor advertising device advertising the person's products, merchandise, or services to be displayed by oneself or any agent or independent contractor; or any person who, being in possession of any land, building, or part of a building, permits any outdoor advertising device on the land, building, or part of a building, shall be deemed to be displaying an outdoor advertising device.

     [(4)] (c)  Any person, who, by oneself or through any agent or independent contractor, erects or maintains a billboard or places any outdoor advertising device upon a billboard, or any person who knowingly causes any of the person's products, merchandise, or services to be advertised upon a billboard by oneself or through any agent or independent contractor; or any person who, being in possession of any land, building, or part of a building, knowingly permits a billboard to be erected or to remain on the land, building, or part of a building, shall be deemed to be maintaining a billboard."

     SECTION 3.  Section 445-113, Hawaii Revised Statutes, is amended to read as follows:

     "§445-113  Regulation by counties.  Except for outdoor advertising devices authorized under section 445-112(16) and (17), the several counties may adopt ordinances regulating billboards, vehicle wraps, and outdoor advertising devices not prohibited by sections 445-111 to 445-121.  The ordinances may:

     (1)  Classify billboards, vehicle wraps, and outdoor advertising devices in the classes set forth in section 445-112, or in any other reasonable manner of classification;

     (2)  Regulate the size, manner of construction, color, illumination, location, and appearance of any class of billboard, vehicle wrap, or outdoor advertising device;

     (3)  Prohibit the erection or maintenance of any type of billboard or the displaying of any outdoor advertising device in particular parts, or in all parts, of the county; provided that the prohibition shall not apply to any official notice or sign described in section 445-112(1); and provided further that, unless a county ordinance specifies otherwise, the prohibition shall extend to billboards or outdoor advertising devices located in the airspace or waters beyond the boundaries of the county that are visible from any public highway, park, or other public place located within the county;

     (4)  Control and license the business of making, erecting, posting, renting, and maintaining outdoor advertising devices, vehicle wraps, and billboards as a business providing advertising for others, and require each person engaging in such business to obtain an annual license, the fee for which shall not exceed $100.  The license shall be conditioned upon the maintenance of all outdoor advertising devices, vehicle wraps, and billboards in a safe state, and the observance of sections 445-111 to 445‑121 and all applicable ordinances and shall be revocable by the licensing authority upon breach of such condition;

     (5)  Require that no person, whether licensed under paragraph (4) or not, shall erect or maintain any billboard unless it is licensed by a permit issued by the county, the issuance of which permit shall be conditioned upon compliance with this chapter and all applicable ordinances and the payment to the county of an annual fee not to exceed $25 per billboard; and

     (6)  Provide for such other regulation of billboards, vehicle wraps, and outdoor advertising devices as will promote the public health, welfare, safety, and convenience; encourage and promote the tourist and visitor trade; conserve and develop the natural beauty of the State, as well as objects and places of historic and cultural interest; foster sightliness and physical good order; and promote the purposes and provisions of sections 445‑111 to 445-121."

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

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Outdoor Advertising; Vehicle Wraps

Description:

Allows the counties to regulate vehicle wraps that are used for outdoor advertising.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.