06 LC 25
4560S
The
Senate Transportation Committee offered the following substitute to HB
1097:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 provide for reduction of height
of certain outdoor advertising signs; 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.
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
2.
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
3.
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
4.
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
5.
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
6.
Said
article is further amended in said Code section by adding at the end thereof a
new subsection to read as follows:
"(d)(1)
The General Assembly finds and declares that reducing the height of outdoor
advertising signs serves the public purpose and function of roadside
beautification and enhancement. The procuring of rights and interests providing
for reduction in the height of such signs or their maintenance at a height below
the maximum legally authorized confers a substantial benefit upon the state and
the public.
(2)
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.
(3)
Any sign 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, except as otherwise provided by this subsection, in exchange
for an agreement by the owner with the department providing that:
(A)
If the sign is not more than 60 feet in height, the height of such sign shall
not thereafter be increased;
(B)
If the sign exceeds 60 feet but does not exceed 70 feet in height, it shall be
lowered at least ten feet and the height of such sign shall not thereafter be
increased; or
(C)
If such sign exceeds 70 feet in height, it shall be lowered to not more than 70
feet and the height of such sign shall not thereafter be increased.
The
applicant shall pay to the department as an additional fee pursuant to this
subsection an amount equal to three times the appraised pulpwood value of all
trees removed pursuant to each permit. Lowering of signs pursuant to such an
agreement shall be permitted irrespective of otherwise applicable ordinances or
regulations. Any agreement made pursuant to this subsection 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 such sign exceeding 70 feet that is
lowered to not more than 70 feet pursuant to such agreement, an additional
permit and renewals provided for by subsection (b) of Code Section 32-6-75.3 may
be obtained for any sign of the same owner not exceeding 70 feet in height
without regard to the requirements of subparagraphs (A) and (B) of this
paragraph.
(4)
In light of the substantial benefits conferred, permits issued pursuant to this
subsection shall be issued irrespective of paragraph (2) of subsection (b) and
paragraph (1) of subsection (e) of Code Section 32-6-75.3 and shall allow
removal irrespective of diameter restriction and over a viewing zone of 500
horizontal feet parallel to the right of way in the direction of a face visible
from the main traveled way. The procedures and requirements for issuance of
permits established by this subsection shall be an alternative to the procedures
provided for by Code Section 32-6-75.3, and the option to proceed under this
subsection or such Code section shall be at the election of the
owner."
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.