1     
PUBLIC ASSEMBLY FACILITY SIGN AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Outdoor Advertising Act by amending provisions relating to
10     public assembly facility signs.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the definition of a public assembly facility;
14          ▸     provides that a public assembly facility may not have more than one advertising
15     structure on the premises of the public assembly facility;
16          ▸     specifies penalty amounts for a public assembly facility sign that violates certain
17     restrictions; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          72-7-502, as last amended by Laws of Utah 2016, Chapter 299
26          72-7-504.5, as last amended by Laws of Utah 2011, Chapter 346
27          72-7-508, as last amended by Laws of Utah 2016, Chapter 299

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 72-7-502 is amended to read:
31          72-7-502. Definitions.
32          As used in this part:
33          (1) "Clearly visible" means capable of being read without obstruction by an occupant
34     of a vehicle traveling on the main traveled way of a street or highway within the visibility area.
35          (2) "Commercial or industrial activities" means those activities generally recognized as
36     commercial or industrial by zoning authorities in this state, except that none of the following
37     are commercial or industrial activities:
38          (a) agricultural, forestry, grazing, farming, and related activities, including wayside
39     fresh produce stands;
40          (b) transient or temporary activities;
41          (c) activities not visible from the main-traveled way;
42          (d) activities conducted in a building principally used as a residence; and
43          (e) railroad tracks and minor sidings.
44          (3) (a) "Commercial or industrial zone" means only:
45          (i) those areas within the boundaries of cities or towns that are used or reserved for
46     business, commerce, or trade, or zoned as a highway service zone, under enabling state
47     legislation or comprehensive local zoning ordinances or regulations;
48          (ii) those areas within the boundaries of urbanized counties that are used or reserved
49     for business, commerce, or trade, or zoned as a highway service zone, under enabling state
50     legislation or comprehensive local zoning ordinances or regulations;
51          (iii) those areas outside the boundaries of urbanized counties and outside the
52     boundaries of cities and towns that:
53          (A) are used or reserved for business, commerce, or trade, or zoned as a highway
54     service zone, under comprehensive local zoning ordinances or regulations or enabling state
55     legislation; and
56          (B) are within 8420 feet of an interstate highway exit, off-ramp, or turnoff as measured
57     from the nearest point of the beginning or ending of the pavement widening at the exit from or
58     entrance to the main-traveled way; or

59          (iv) those areas outside the boundaries of urbanized counties and outside the
60     boundaries of cities and towns and not within 8420 feet of an interstate highway exit, off-ramp,
61     or turnoff as measured from the nearest point of the beginning or ending of the pavement
62     widening at the exit from or entrance to the main-traveled way that are reserved for business,
63     commerce, or trade under enabling state legislation or comprehensive local zoning ordinances
64     or regulations, and are actually used for commercial or industrial purposes.
65          (b) "Commercial or industrial zone" does not mean areas zoned for the sole purpose of
66     allowing outdoor advertising.
67          (4) "Comprehensive local zoning ordinances or regulations" means a municipality's
68     comprehensive plan required by Section 10-9a-401, the municipal zoning plan authorized by
69     Section 10-9a-501, and the county master plan authorized by Sections 17-27a-401 and
70     17-27a-501. Property that is rezoned by comprehensive local zoning ordinances or regulations
71     is rebuttably presumed to have not been zoned for the sole purpose of allowing outdoor
72     advertising.
73          (5) "Contiguous" means that a portion of one parcel of land is situated immediately
74     adjacent to, and shares a common boundary with, a portion of another parcel of land.
75          (6) "Controlled route" means any route where outdoor advertising control is mandated
76     by state or federal law, including under this part and under the Utah-Federal Agreements
77     described in Section 72-7-501.
78          (7) "Directional signs" means signs containing information about public places owned
79     or operated by federal, state, or local governments or their agencies, publicly or privately
80     owned natural phenomena, historic, cultural, scientific, educational, or religious sites, and areas
81     of natural scenic beauty or naturally suited for outdoor recreation, that the department considers
82     to be in the interest of the traveling public.
83          (8) (a) "Erect" means to construct, build, raise, assemble, place, affix, attach, create,
84     paint, draw, or in any other way bring into being.
85          (b) "Erect" does not include any activities defined in Subsection (8)(a) if they are
86     performed incident to the change of an advertising message or customary maintenance of a
87     sign.
88          (9) "Highway service zone" means a highway service area where the primary use of the
89     land is used or reserved for commercial and roadside services other than outdoor advertising to

90     serve the traveling public.
91          (10) "Information center" means an area or site established and maintained at rest areas
92     for the purpose of informing the public of:
93          (a) places of interest within the state; or
94          (b) any other information that the department considers desirable.
95          (11) "Interchange or intersection" means those areas and their approaches where traffic
96     is channeled off or onto an interstate route, excluding the deceleration lanes, acceleration lanes,
97     or feeder systems, from or to another federal, state, county, city, or other route.
98          (12) "Maintain" means to allow to exist, subject to the provisions of this chapter.
99          (13) "Maintenance" means to repair, refurbish, repaint, or otherwise keep an existing
100     sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an
101     act of God.
102          (14) "Main-traveled way" means the through traffic lanes, including auxiliary lanes,
103     acceleration lanes, deceleration lanes, and feeder systems, exclusive of frontage roads and
104     ramps. For a divided highway, there is a separate main-traveled way for the traffic in each
105     direction.
106          (15) "Major sponsor" means a sponsor of a public assembly facility or of a team or
107     event held at the facility where the amount paid by the sponsor to the owner of the facility, to
108     the team, or for the event is at least $100,000 per year.
109          (16) "Official signs and notices" means signs and notices erected and maintained by
110     public agencies within their territorial or zoning jurisdictions for the purpose of carrying out
111     official duties or responsibilities in accordance with direction or authorization contained in
112     federal, state, or local law.
113          (17) "Off-premise sign" means a sign located in an area zoned industrial, commercial,
114     or H-1 and in an area determined by the department to be unzoned industrial or commercial
115     that advertises an activity, service, event, person, or product located on premises other than the
116     premises on which the sign is located.
117          (18) "On-premise sign" means a sign used to advertise the sale or lease of, or activities
118     conducted on, the property on which the sign is located.
119          (19) "Outdoor advertising" means any outdoor advertising structure or outdoor
120     structure used in combination with an outdoor advertising sign or outdoor sign within the

121     outdoor advertising corridor which is visible from a place on the main-traveled way of a
122     controlled route.
123          (20) "Outdoor advertising corridor" means a strip of land 660 feet wide, measured
124     perpendicular from the edge of a controlled highway right-of-way.
125          (21) "Outdoor advertising structure" or "outdoor structure" means any sign structure,
126     including any necessary devices, supports, appurtenances, and lighting that is part of or
127     supports an outdoor sign.
128          (22) "Point of widening" means the point of the gore or the point where the intersecting
129     lane begins to parallel the other lanes of traffic, but the point of widening may never be greater
130     than 2,640 feet from the center line of the intersecting highway of the interchange or
131     intersection at grade.
132          (23) "Public assembly facility" means a convention facility as defined under Section
133     59-12-602 that:
134          (a) includes all contiguous interests in land, improvements, and utilities acquired,
135     constructed, and used in connection with the operation of the public assembly facility, whether
136     the interests are owned or held in fee title or a lease or easement for a term of at least 40 years,
137     and regardless of whether the interests are owned or operated by separate governmental
138     authorities or districts;
139          (b) is wholly or partially funded by public money;
140          (c) requires a person attending an event at the public assembly facility to purchase a
141     ticket or that otherwise charges for the use of the public assembly facility as part of its regular
142     operation; and
143          (d) (i) has a minimum and permanent seating capacity of at least 10,000 people[.]; or
144          (ii) if the public assembly facility has multiple venues where conventions, conferences,
145     or other gatherings are held, has a combined minimum and permanent seating capacity of at
146     least 10,000 people among all venues located on the premises where the public assembly
147     facility sign is located.
148          (24) "Public assembly facility sign" means a sign located on a public assembly facility
149     that only advertises the public assembly facility, major sponsors, events, the sponsors of events
150     held or teams playing at the facility, and products sold or services conducted at the facility.
151          (25) "Relocation" includes the removal of a sign from one situs together with the

152     erection of a new sign upon another situs in a commercial or industrial zoned area as a
153     substitute.
154          (26) "Relocation and replacement" means allowing all outdoor advertising signs or
155     permits the right to maintain outdoor advertising along the interstate, federal aid primary
156     highway existing as of June 1, 1991, and national highway system highways to be maintained
157     in a commercial or industrial zoned area to accommodate the displacement, remodeling, or
158     widening of the highway systems.
159          (27) "Remodel" means the upgrading, changing, alteration, refurbishment,
160     modification, or complete substitution of a new outdoor advertising structure for one permitted
161     pursuant to this part and that is located in a commercial or industrial area.
162          (28) "Rest area" means an area or site established and maintained within or adjacent to
163     the right-of-way by or under public supervision or control for the convenience of the traveling
164     public.
165          (29) "Scenic or natural area" means an area determined by the department to have
166     aesthetic value.
167          (30) "Traveled way" means that portion of the roadway used for the movement of
168     vehicles, exclusive of shoulders and auxiliary lanes.
169          (31) (a) "Unzoned commercial or industrial area" means:
170          (i) those areas not zoned by state law or local law, regulation, or ordinance that are
171     occupied by one or more industrial or commercial activities other than outdoor advertising
172     signs;
173          (ii) the lands along the highway for a distance of 600 feet immediately adjacent to
174     those activities; and
175          (iii) lands covering the same dimensions that are directly opposite those activities on
176     the other side of the highway, if the department determines that those lands on the opposite side
177     of the highway do not have scenic or aesthetic value.
178          (b) In measuring the scope of the unzoned commercial or industrial area, all
179     measurements shall be made from the outer edge of the regularly used buildings, parking lots,
180     storage, or processing areas of the activities and shall be along or parallel to the edge of
181     pavement of the highway.
182          (c) All signs located within an unzoned commercial or industrial area become

183     nonconforming if the commercial or industrial activity used in defining the area ceases for a
184     continuous period of 12 months.
185          (32) "Urbanized county" means a county with a population of at least 125,000 persons.
186          (33) "Visibility area" means the area on a street or highway that is:
187          (a) defined at one end by a line extending from the base of the billboard across all lanes
188     of traffic of the street or highway in a plane that is perpendicular to the street or highway; and
189          (b) defined on the other end by a line extending across all lanes of traffic of the street
190     or highway in a plane that is:
191          (i) perpendicular to the street or highway; and
192          (ii) 500 feet from the base of the billboard.
193          Section 2. Section 72-7-504.5 is amended to read:
194          72-7-504.5. Public assembly facility signs -- Restrictions.
195          (1) Signs on the premises of a public assembly facility that do not bring rental income
196     to the owner of the public assembly facility may advertise:
197          (a) the name of the facility, including identifiable venues or stores within the facility;
198     and
199          (b) principal or accessory products or services offered on the property and activities
200     conducted on the property as permitted by 23 C.F.R. Section 750.709, including:
201          (i) events being conducted in the facility or upon the premises, including the sponsor of
202     the current event; and
203          (ii) products or services sold at the facility and activities conducted on the property that
204     produce significant income to the operation of the facility.
205          (2) An advertising structure described in Subsection (1):
206          (a) shall be located on a public assembly facility or on a parcel contiguous to the public
207     assembly facility;
208          (b) shall be under the same ownership as the public assembly facility; and
209          (c) may not be separated from the public assembly facility by a public road.
210          (3) An advertising structure described in Subsection (1) may only promote a maximum
211     of seven major sponsors and the sponsor of a current event at any one time.
212          (4) An advertising structure described in Subsection (1) may not be located on narrow
213     land held by easement or anything other than a fee interest unless it is a part of a public

214     assembly facility.
215          (5) A public assembly facility is exempt from the requirement under this part to have a
216     state outdoor advertising permit.
217          (6) A public assembly facility may not have more than one advertising structure
218     described in Subsection (1) on the premises of the public assembly facility.
219          Section 3. Section 72-7-508 is amended to read:
220          72-7-508. Unlawful outdoor advertising -- Adjudicative proceedings -- Judicial
221     review -- Costs of removal -- Civil and criminal liability for damaging regulated signs --
222     Immunity for Department of Transportation.
223          (1) Outdoor advertising is unlawful when:
224          (a) erected after May 9, 1967, contrary to the provisions of this chapter;
225          (b) a permit is not obtained as required by this part;
226          (c) a false or misleading statement has been made in the application for a permit that
227     was material to obtaining the permit;
228          (d) the sign for which a permit was issued is not in a reasonable state of repair, is
229     unsafe, or is otherwise in violation of this part; or
230          (e) a sign in the outdoor advertising corridor is permitted by the local zoning authority
231     as an on-premise sign and the sign, from time to time or continuously, advertises an activity,
232     service, event, person, or product located on property other than the property on which the sign
233     is located.
234          (2) The establishment, operation, repair, maintenance, or alteration of any sign contrary
235     to this chapter is also a public nuisance.
236          (3) Except as provided in Subsections (4) and (10), in its enforcement of this section,
237     the department shall comply with the procedures and requirements of Title 63G, Chapter 4,
238     Administrative Procedures Act.
239          (4) (a) The district courts shall have jurisdiction to review by trial de novo all final
240     orders of the department under this part resulting from formal and informal adjudicative
241     proceedings.
242          (b) Venue for judicial review of final orders of the department shall be in the county in
243     which the sign is located.
244          (5) (a) If the department is granted a judgment in an action brought under Subsection

245     (4), the department is entitled to have any nuisance abated and recover from the responsible
246     person, firm, or corporation, jointly and severally:
247          [(a)] (i) the costs and expenses incurred in removing the sign; and
248          (ii) except as provided in Subsection (5)(c):
249          [(b) (i)] (A) $500 for each day the sign was maintained following the expiration of 10
250     days after notice of agency action was filed and served under Section 63G-4-201;
251          [(ii)] (B) $750 for each day the sign was maintained following the expiration of 40
252     days after notice of agency action was filed and served under Section 63G-4-201;
253          [(iii)] (C) $1,000 for each day the sign was maintained following the expiration of 70
254     days after notice of agency action was filed and served under Section 63G-4-201; and
255          [(iv)] (D) $1,500 for each day the sign was maintained following the expiration of 100
256     days after notice of agency action was filed and served under Section 63G-4-201.
257          (b) For a public assembly facility sign that violates Section 72-7-504.5, if the
258     department is granted a judgment in an action brought under Subsection (4), the department is
259     entitled to have any nuisance abated and recover from the responsible person, firm, or
260     corporation, jointly and severally:
261          (i) the costs and expenses incurred in removing the sign; and
262          (ii) the greater of:
263          (A) $10,000 for each day the sign was maintained following the expiration of 10 days
264     after notice of agency action was filed and served under Section 63G-4-201; or
265          (B) $10,000 for each violation of Section 72-7-504.5.
266          (6) (a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces,
267     destroys, or uses any sign controlled under this chapter without the owner's permission is liable
268     to the owner of the sign for treble the amount of damage sustained and all costs of court,
269     including a reasonable attorney's fee, and is guilty of a class C misdemeanor.
270          (b) This Subsection (6) does not apply to the department, its agents, or employees if
271     acting to enforce this part.
272          (7) The following criteria shall be used for determining whether an existing sign within
273     an interstate outdoor advertising corridor has as its purpose unlawful off-premise outdoor
274     advertising:
275          (a) whether the sign complies with this part;

276          (b) whether the premise includes an area:
277          (i) from which the general public is serviced according to normal industry practices for
278     organizations of that type; or
279          (ii) that is directly connected to or is involved in carrying out the activities and normal
280     industry practices of the advertised activities, services, events, persons, or products;
281          (c) whether the sign generates revenue:
282          (i) arising from the advertisement of activities, services, events, or products not
283     available on the premise according to normal industry practices for organizations of that type;
284          (ii) arising from the advertisement of activities, services, events, persons, or products
285     that are incidental to the principal activities, services, events, or products available on the
286     premise; and
287          (iii) including the following:
288          (A) money;
289          (B) securities;
290          (C) real property interest;
291          (D) personal property interest;
292          (E) barter of goods or services;
293          (F) promise of future payment or compensation; or
294          (G) forbearance of debt;
295          (d) whether the purveyor of the activities, services, events, persons, or products being
296     advertised:
297          (i) carries on hours of operation on the premise comparable to the normal industry
298     practice for a business, service, or operation of that type, or posts the hours of operation on the
299     premise in public view;
300          (ii) has available utilities comparable to the normal industry practice for an entity of
301     that type; and
302          (iii) has a current valid business license or permit under applicable local ordinances,
303     state law, and federal law to conduct business on the premise upon which the sign is located;
304          (e) whether the advertisement is located on the site of any auxiliary facility that is not
305     essential to, or customarily used in, the ordinary course of business for the activities, services,
306     events, persons, or products being advertised; or

307          (f) whether the sign or advertisement is located on property that is not contiguous to a
308     property that is essential and customarily used for conducting the business of the activities,
309     services, events, persons, or products being advertised.
310          (8) The following do not qualify as a business under Subsection (7):
311          (a) public or private utility corridors or easements;
312          (b) railroad tracks;
313          (c) outdoor advertising signs or structures;
314          (d) vacant lots;
315          (e) transient or temporary activities; or
316          (f) storage of accessory products.
317          (9) The sign owner has the burden of proving, by a preponderance of the evidence, that
318     the advertised activity is conducted on the premise.
319          (10) (a) If the department has issued two or more notices of violation of Subsection
320     (1)(e) for an existing sign within the last three years, the department may bring an action to
321     enforce in any state court of competent jurisdiction against a person, firm, or corporation that
322     satisfies one or more of the following prerequisites:
323          (i) has a present ownership interest in the sign;
324          (ii) had an ownership interest in the sign on one or more of the days the sign was in
325     violation of Subsection (1)(e);
326          (iii) has a present ownership interest in the property upon which the sign is located, or
327     in contiguous property as defined in Subsection 72-7-504.6(1);
328          (iv) had an ownership interest in the property upon which the sign is located, or in
329     contiguous property as defined in Subsection 72-7-504.6(1), on one or more of the days the
330     sign was in violation of Subsection (1)(e);
331          (v) received or became entitled to receive compensation in any form for the unlawful
332     outdoor advertising; or
333          (vi) solicited the advertising.
334          (b) In an action under Subsection (10)(a):
335          (i) except as provided in Subsection (10)(c), the provisions of Subsections (7) and (8)
336     apply; and
337          (ii) the defendants have the burden of proving, by a preponderance of the evidence, that

338     the advertising in question is lawful under this part.
339          (c) In an action under Subsection (10)(a), for an on-premise sign within a unified
340     commercial development Section 72-7-504.6 applies.
341          (d) If the department is granted judgment in an action under this Subsection (10), the
342     department is entitled to recover from the defendants, jointly and severally, $1,500 for each day
343     on which the sign was used for unlawful off-premises outdoor advertising.






Legislative Review Note
Office of Legislative Research and General Counsel