06 HB1097/AP
House
Bill 1097 (AS PASSED HOUSE AND SENATE)
By:
Representatives McCall of the
30th,
Smith of the
129th,
Scheid of the
22nd,
Channell of the
116th,
Floyd of the
147th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 21-2-3 of the Official Code of Georgia Annotated, relating to
prohibited placements of campaign posters, signs, and advertisements, so as to
limit certain regulations of campaign signs on private property; to amend
Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated,
relating to control of signs and signals on or near public roads, so as to
prohibit certain outdoor advertising containing depictions of nudity or sexual
conduct which are visible to motor vehicle drivers traveling on certain public
roads; to define certain terms; to provide punishments for violations; to
provide legislative findings and declarations; to change certain provisions
relating to restrictions on outdoor advertising signs authorized by Code
Sections 32-6-72 and 32-6-73 and multiple message signs on the interstate
system, primary highways, and other highways; to repeal certain provisions of
law restricting outdoor advertising which were declared unconstitutional by the
Georgia Supreme Court in the case of
State v. Cafe Erotica,
Inc., 270 Ga. 97 (1998); to provide for
severability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 21-2-3 of the Official Code of Georgia Annotated, relating to prohibited
placements of campaign posters, signs, and advertisements, is amended by
striking subsection (a) and inserting a new subsection (a) to read as
follows:
"(a)
It shall be unlawful for any person to place
campaign
posters, signs,
and
or
advertisements:
(1)
Within the right of way of any public streets, roads, or
highways;
(2)(1)
On any public property or
building,
unless the owner thereof or the occupier as authorized by such owner has given
permission to place such posters, signs, or advertisements on such property;
provided, however, that signs within the rights of way of public roads shall be
governed by Code Section
32-6-51;
(3)(2)
On any private property unless the owner thereof
or the
occupier as authorized by such owner has
given permission to place such
campaign
posters, signs,
and
or
advertisements on such
property; and,
provided, further that no municipal, county, or consolidated government may
restrict by regulation or other means the length of time a political campaign
sign may be displayed or the number of signs which may be displayed on private
property for which permission has been
granted; or
(4)
Reserved;
(5)(3)
On any property zoned for commercial or industrial uses if the placement of such
campaign
posters, signs,
and
or
advertisements conflicts with any zoning laws or
ordinances."
SECTION
2.
Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, is amended by adding a new Code Section 32-6-52 to read as follows:
Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on or near public roads, is amended by adding a new Code Section 32-6-52 to read as follows:
"32-6-52.
(a)
As used in this Code section, the term:
(1)
'Nudity' means the displaying of any portion of the human female breast below
the top of the areola or the displaying of any portion of any
humańs
pubic hair, anus, vulva, or genitals.
(2)
'Outdoor advertising' means any commercial advertisement displayed outdoors by
means of billboards or signs.
(3)
'Sexual conduct' means acts of sexual intercourse, masturbation, sodomy, or
fondling of a
humańs
clothed or unclothed genitals, pubic area, buttocks, or, if the human is female,
breast.
(b)
The General Assembly finds and declares that outdoor advertising containing
depictions of nudity or sexual conduct which are visible from the roadways of
public roads may be startling or provocative and thereby divert the attention of
motor vehicle drivers, thus causing real and substantial hazards to traffic
safety. The General Assembly further declares that the purpose of this Code
section is to protect the public welfare and safety against such
hazards.
(c)
No person shall display any outdoor advertising containing any depiction of
nudity or sexual conduct when such depiction is visible from the roadway of any
public road in the state highway system as defined in Code Section
32-4-1.
(d)(1)
Any person who violates subsection (c) of this Code section shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine not
exceeding $1,000.00.
(2)
Each day during which outdoor advertising is displayed in violation of
subsection (c) of this Code section shall constitute a separate
offense."
SECTION
3.
Said
article is further amended by striking in its entirety paragraph (12) of
subsection (a) of Code Section 32-6-75, relating to outdoor advertising signs
authorized by Code Sections 32-6-72 and 32-6-73 and multiple message signs on
the interstate system, primary highways, and other highways, and inserting in
lieu thereof the following:
"(12)
Contains more than two faces visible from the same direction on the main
traveled way;
provided, however, that after July 1, 2006, no sign shall be erected that
contains more than one face vertically stacked visible from the same direction
on the main traveled way. Double-faced,
back-to-back, and V-type constructed signs shall, for the purpose of determining
compliance with size and spacing limitations, be considered as one
sign;"
SECTION
4.
Said
article is further amended in said Code section by striking in its entirety
paragraph (8) of subsection (a) and inserting in lieu thereof a new paragraph
(8) to read as follows:
"(8)
If illuminated, contains, includes, or is illuminated by any flashing,
intermittent, or moving light or lights except those giving public service
information such as time, date, temperature, weather, or other similar
information
except as
expressly permitted under subsection (c) of this Code
section. The illumination of
mechanical
multiple message signs is not illumination by flashing, intermittent, or moving
light or lights, except that no multiple message sign may include any
illumination which is flashing, intermittent, or moving when the sign is in a
fixed
position;"
SECTION
5.
Said
article is further amended in said Code section by striking subsection (b) and
inserting in lieu thereof the following:
"(b)(1)
As used in this subsection, the term 'nudity' means the displaying of any
portion of the female breast below the top of the areola or the displaying of
any portion of any
persońs
pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2)
Since the exhibition of nudity or depictions of nudity in connection with the
sale or consumption of alcoholic beverages may be restricted or prohibited in
certain political subdivisions of this state pursuant to Article III, Section
VI, Paragraph VII of the Constitution, since an outdoor advertising device
advertising a commercial establishment where nudity is exhibited which is
located in a political subdivision different from where
the commercial establishment is located may mislead the traveling public and
cause a devaluation of the property in the area surrounding such outdoor
advertising, and since outdoor advertising of a commercial establishment where
nudity is exhibited may divert the attention of drivers and thus cause traffic
hazards, it is the intent of the General Assembly to protect the welfare and
safety of the residents of this state and the traveling public by regulating
outdoor advertising of commercial establishments where nudity is
exhibited.
(3)
Any outdoor advertising of a commercial establishment where nudity is exhibited
shall be limited to the property where such commercial establishment is located,
and the size, type, and number of outdoor advertising devices on any such
property may be further regulated by rules and regulations promulgated by the
commissioner of transportation.
(b)
Reserved."
SECTION
6.
Said
article is further amended in said Code section by striking in its entirety
paragraph (1) of subsection (c) and inserting in lieu the
following:
"(1)
Multiple message signs shall be permitted on the interstate system, primary
highways, and other highways under the following conditions:
(A)
Each multiple
message sign shall remain fixed for at
least ten seconds;
(B)
When a message is changed
mechanically,
it shall be accomplished in three seconds or less;
(C)
No such
multiple
message sign shall be placed within 5,000
feet of another mechanical multiple message sign on the same side of the
highway;
(D)
Any such sign shall contain a default design that will freeze the sign in one
position if a malfunction occurs;
and
(E)
Any maximum size limitations shall apply independently to each side of a
multiple message
sign;
and
(F)
Nonmechanical electronic multiple message signs that are otherwise in compliance
with this subsection and are illuminated entirely by the use of light emitting
diodes, back lighting, or any other light source shall be permitted under the
following circumstances:
(i)
Each transitional change occurs within two seconds;
(ii)
If the department finds an electronic sign or any display or effect thereon to
cause glare or to impair the vision of the driver of any motor vehicle or to
otherwise interfere with the safe operation of a motor vehicle, then, upon the
department́s
request, the owner of the sign shall promptly and within not more than 48 hours
reduce the intensity of the sign to a level acceptable to the department;
and
(iii)
The owner of any existing or nonconforming electronic sign shall have 180 days
from the effective date of this subparagraph to bring the electronic sign in
compliance with this subparagraph and to request a permit from the
department."
SECTION
7.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such declaration or
adjudication shall affect and invalidate the whole of the section in which such
matter appears herein, but shall in no manner affect the other sections,
subsections, sentences, clauses, or phrases of this Act, which shall remain of
full force and effect as if the section, subsection, sentence, clause, or phrase
so declared or adjudged invalid or unconstitutional were not originally a part
hereof. The General Assembly declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional, but would not have passed any
section of this Act containing or constituting an invalid or unconstitutional
provision.
SECTION
8.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
9.
All
laws and parts of laws in conflict with this Act are hereby repealed.