06 LC 25
4230T
House
Bill 1097
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 32-6-75 of the Official Code of Georgia Annotated, relating
to restrictions on outdoor advertising signs authorized by Code Section 32-6-72
on the interstate system, primary highways, and other highways, so as to provide
that no such signs may advertise the availability of certain entertainment which
appeals to the prurient interest; to prohibit erecting certain signs having two
faces on one visible side after a certain date; to permit certain types of
nonmechanical multiple message signs subject to certain limitations; to impose
certain height limitations on erecting such outdoor advertising signs subject to
certain conditions after a certain date; to provide for procedures relative to
the foregoing; 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 32-6-75 of the Official Code of Georgia Annotated, relating to
restrictions on outdoor advertising signs authorized by Code Sections 32-6-72,
is amended by striking the word "or" at the end of paragraph (20) of subsection
(a), by striking the period at the end paragraph (21) of such subsection and
inserting in lieu thereof the symbol and word "; or", and by inserting at the
end of such subsection a new paragraph to read as follows:
∀(22)
Advertises, either directly or indirectly, the availability of entertainment
which features live performances by nude or seminude dancers, go-go dancers,
strippers, or similar entertainment which the average person, applying
contemporary community standards, would find appeals to the prurient
interest.∀
SECTION
2.
Said
Code section is further amended by striking in its entirety paragraph (12) of
subsection (a) and inserting in lieu thereof a new paragraph (12) to read as
follows:
∀(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
3.
Said
Code section is further amended 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
4.
Said
Code section is further amended by striking in its entirety paragraph (1) of
subsection (c) and inserting in lieu thereof a new paragraph (1) to read as
follows:
∀(1)
Multiple message signs shall be permitted on the interstate system, primary
highways, and other highways under the following conditions:
(A)
Each
mechanically
operated 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
mechanical
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 multiple message signs that may create the effect of movement that
are illuminated entirely by the use of light emitting diodes, back lighting, or
any other light source that does not emit a visible beam from the sign shall be
permitted.∀
SECTION
5.
Said
Code section is further amended by adding at the end thereof a new subsection
(d) to read as follows:
∀(d)
After July 1, 2006 the department shall not accept any application to construct
any sign exceeding 70 feet in height as measured from the top of the sign to the
road level. In exchange for an agreement by the owner with the department that
the height thereof shall not thereafter be increased, any sign which is not more
than 60 feet in height, or if not exceeding 70 feet is lowered at least ten
feet, or if exceeding 70 feet is lowered to not more than 70 feet, shall receive
the permit and renewals provided for by subsection (b) of Code Section 32-6-75.3
for not more than the fees set forth in subsection (d) of said Code section.
Permits authorized hereunder shall be issued irrespective of paragraph ( 2) of
subsection (b) and paragraph (1) of subsection (e) of said Code section in light
of the substantial benefits so conferred. Any such agreement with any owner of
one or more signs exceeding 70 feet shall require that at least one such sign be
lowered to not more than 70 feet. For each sign exceeding 70 feet that is
lowered to not more than 70 feet hereunder an additional permit and renewals
hereunder may be obtained for any sign of the same owner not exceeding 70 feet.
Lowering for the purposes hereof shall be permitted irrespective of otherwise
applicable ordinances or regulations, and permits issued pursuant hereto shall
allow removal irrespective of diameter restriction and over an area two times
the horizontal distance otherwise
applicable.∀
SECTION
6.
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
7.
All
laws and parts of laws in conflict with this Act are hereby repealed.