06 LC 25
4357TS
The
House Committee on Transportation offers the following substitute to HB
1097:
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 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)
The displays on the electronic sign shall contain static messages only. Changes
on the sign face shall occur only through dissolve or fade transitions, or other
subtle transitions that do not have the appearance or illusion of continuous
movement or
continuous
moving text or images. Any illumination which consists of flashing,
scintillating or varying of light intensity shall be considered continuous
movement. Each transitional change shall occur within two (2)
seconds.
(ii)
If the department finds an electronic sign, any display or effect thereon, to
cause glare or to impair the vision of the driver of any motor vehicle or which
otherwise interferes with the safe operation of a motor vehicle, upon the
department́s
request, the owner of the sign shall, within one hour, reduce the intensity of
the sign to a level acceptable to the Department. The
department́s
determination of interference or impairment caused by the intensity of the sign
shall be at its sole discretion and failure to reduce lighting intensity on
request shall be cause for revocation of the permit.
(iii)
The owner of any existing or nonconforming electronic sign shall have 180 days
from the date this bill is signed into law to bring the electronic sign in
compliance with the law and to request a permit from the
department."
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.