HOUSE OF REPRESENTATIVES

H.B. NO.

1085

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to political signs.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 445, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

     "§445-    Political signs; restrictions.  (a)  Political signs may be erected, maintained, and used, except where contrary to or prohibited by law; provided that:

     (1)  A political sign shall be erected not more than ninety days prior to a primary or general election;

     (2)  A political sign shall be removed within seven days after the conclusion of a primary election if a candidate is elected to office in the primary election or after the conclusion of a general election;

     (3)  The dimensions of the political sign shall be no larger than five feet by three feet or a total of fifteen square feet in area; and

     (4)  No more than three political signs bearing identical messages shall be erected on a single parcel of real property.

     (b)  As used in this section, "political sign" means a sign, poster, picture, painting, display, notice, bill, or written word or words that:

     (1)  Is situated outdoors and draws the attention of persons in any public highway, park, or other public place; and

     (2)  Urges voters to vote for or against any person or issue that is funded by a candidate committee or non-candidate committee registered with the campaign spending commission."

     SECTION 2.  Section 445-112, Hawaii Revised Statutes, is amended to read as follows:

     "§445-112  Where and when permitted.  No person shall erect, maintain, or use a billboard or display any outdoor advertising device, except as provided in this section:

     (1)  The display of official notices and signs, posted by order of any court or public office, or posted by any public officer in the performance of a public duty, or posted by any person required to do so by any law or rule having the force of law;

     (2)  Any outdoor advertising device announcing a meeting or series of meetings is not prohibited by this section if displayed on the premises where the meeting or series of meetings will be or is being held.  Meeting, as used in this section, includes all meetings regardless of whether open to the public or conducted for profit and includes but is not limited to sports events, conventions, fairs, rallies, plays, lectures, concerts, motion pictures, dances, and religious services;

     (3)  Any outdoor advertising device indicating that the building or premises on which it is displayed is the residence, office, or place of business, commercial or otherwise, of any individual, partnership, joint venture, association, club, or corporation, and stating the nature of the business;

     (4)  Any outdoor advertising device that advertises property or services that may be bought, rented, sold, or otherwise traded in on the premises or in the building on which the outdoor advertising device is displayed;

     (5)  The offering for sale of merchandise bearing incidental advertising, including books, magazines, and newspapers, in any store, newsstand, vending machine, rack, or other place where such merchandise is regularly sold;

     (6)  Any outdoor advertising device offering any land, building, or part of a building for sale or rent, if displayed on the property so offered or on the building so offered;

     (7)  Any outdoor advertising device carried by persons or placed upon vehicles used for the transportation of persons or goods, except as provided under section 445‑112.5, relating to vehicular advertising devices;

     (8)  Any outdoor advertising device warning the public of dangerous conditions that they may encounter in nearby sections of streets, roads, paths, public places, power lines, gas and water mains, or other public utilities;

     (9)  Signs serving no commercial purpose that indicate places of natural beauty, or of historical or cultural interest and that are made according to designs approved by the department of business, economic development, and tourism;

    (10)  Any outdoor advertising device or billboard erected, placed, or maintained upon a state office building, if erected, placed, or maintained by authority of a state agency, department, or officer for the sole purpose of announcing cultural or educational events within the State, and if the design and location thereof has been approved by the department of business, economic development, and tourism;

    (11)  [Signs] Political signs, as defined in section 445-  , urging voters to vote for or against any person or issue, may be erected, maintained, and used, except where contrary to or prohibited by law;

    (12)  Signs stating that a residence that is offered for sale, lease, or rent is open for inspection at the actual time the sign is displayed and showing the route to the residence; provided that the sign contains no words or designs other than the words "Open House", the address of the residence, the name of the person or agency responsible for the sale, and an arrow or other directional symbol and is removed during such time as the residence is not open for inspection;

    (13)  The erection, maintenance, and use of billboards if the billboard is used solely for outdoor advertising devices not prohibited by this section;

    (14)  The continued display and maintenance of outdoor advertising devices actually displayed on July 8, 1965, in accordance with all laws and ordinances immediately theretofore in effect;

    (15)  The continued maintenance of any billboard actually maintained on July 8, 1965, and the display thereon of the same or new advertising devices, all in accordance with all laws and ordinances in effect immediately prior to July 9, 1965;

    (16)  Any outdoor advertising device displayed with the authorization of the University of Hawaii on any scoreboard of any stadium owned by the university.  An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium;

    (17)  Any temporary outdoor advertising device attached to or supported by the structure of any stadium owned by the University of Hawaii, located within and facing the interior of the stadium, and authorized to be displayed by the university.  For the purpose of this paragraph, "temporary" means displayed for a short period before the official start of organized athletic competition, during the organized athletic competition, and for a short period after the official end of the organized athletic competition; and

    (18)  Any outdoor advertising device displayed with the authorization of the stadium authority on any scoreboard of any stadium operated by the stadium authority.  An outdoor advertising device displayed under this paragraph shall be on the front of the scoreboard and face the interior of the stadium."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Political Sign; Restrictions

 

Description:

Defines political sign.  Restricts the posting of political signs.

 

 

 

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