H.B. 197

1

AMENDMENTS TO MUNICIPAL AND COUNTY POWERS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends a municipal or county legislative body's power to prohibit or regulate a
10 temporary advertisement sign.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . amends a municipal legislative body's power to prohibit or regulate a temporary
15 advertisement sign;
16 . amends a county legislative body's power to prohibit or regulate a temporary
17 advertisement sign; and
18 . makes technical corrections.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 10-8-26, Utah Code Annotated 1953
26 ENACTS:
27 17-50-332, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 10-8-26 is amended to read:
31 10-8-26. Signs and advertising material -- Temporary advertisement signs.
32 (1) (a) As used in this section, "temporary advertisement sign" means a sign:
33 (i) that is not permanently constructed or attached;
34 (ii) that is posted by a commercial business owner on commercial or private property to
35 advertise a sale or event; and
36 (iii) that is intended for use during a specified, limited time.
37 (b) "Temporary advertisement sign" does not include a billboard as defined in Section
38 10-9a-103 .
39 [They] (2) Except as provided in Subsection (3), a municipal legislative body may
40 regulate or prevent the use of streets, sidewalks, public buildings and grounds for signs,
41 signposts, awnings, horse troughs or racks, or for posting handbills or advertisements.
42 (3) A municipal legislative body may not:
43 (a) except as provided in Subsection (4), prohibit a temporary advertisement sign;
44 (b) require a permit or license to post a temporary advertisement sign;
45 (c) (i) limit the time that the temporary advertisement sign is posted to less than 60
46 days before for the day on which the sale or event is held for which the temporary
47 advertisement sign is posted; or
48 (ii) limit the time that the temporary advertisement sign may be posted, subject to
49 Subsection (5), during the sale or event for which the temporary advertisement sign is posted to
50 a period of time that is less than the duration of the sale or event;
51 (d) limit the size of a temporary advertisement sign to less than 30 square feet;
52 (e) require that a temporary advertisement sign be affixed to a permanent structure; or
53 (f) limit the number of posted temporary advertisement signs a person may post on a
54 property to two or fewer.
55 (4) A municipal legislative body may prohibit a temporary advertisement sign if the
56 temporary advertisement sign:
57 (a) obstructs a public right-of-way; or
58 (b) impedes pedestrian traffic.

59 (5) A person may not post a temporary advertisement sign described in Subsection
60 (3)(c)(ii) for more than 60 days after the day on which the sale or event begins.
61 Section 2. Section 17-50-332 is enacted to read:
62 17-50-332. Temporary advertisement signs.
63 (1) (a) As used in this section, "temporary advertisement sign" means a sign:
64 (i) that is not permanently constructed or attached;
65 (ii) that is posted by a commercial business owner on commercial or private property to
66 advertise a sale or event; and
67 (iii) that is intended for use during a specified, limited time.
68 (b) "Temporary advertisement sign" does not include a billboard as defined in Section
69 17-27a-103 .
70 (2) A county legislative body may not:
71 (a) except as provided in Subsection (3), prohibit a temporary advertisement sign;
72 (b) require a permit or license to post a temporary advertisement sign;
73 (c) (i) limit the time that the temporary advertisement sign is posted to less than 60
74 days before the day on which the sale or event is held for which the temporary advertisement
75 sign is posted; or
76 (ii) limit the time that the temporary advertisement sign may be posted, subject to
77 Subsection (4), during the sale or event for which the temporary advertisement sign is posted to
78 a period of time that is less than the duration of the sale or event;
79 (d) limit the size of a temporary advertisement sign to less than 30 square feet;
80 (e) require that a temporary advertisement sign be affixed to a permanent structure; or
81 (f) limit the number of posted temporary advertisement signs a person may post on a
82 property to two or fewer.
83 (3) A county legislative body may prohibit a temporary advertisement sign if the
84 temporary advertisement sign:
85 (a) obstructs a public right-of-way; or
86 (b) impedes pedestrian traffic.
87 (4) A person may not post a temporary advertisement sign described in Subsection
88 (2)(c)(ii) for more than 60 days after the day on which the sale or event begins.

Legislative Review Note
as of 9-1-10 12:52 PM

Office of Legislative Research and General Counsel