PRINTER'S NO. 2790
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1985
Session of
2019
INTRODUCED BY LAWRENCE, BURGOS, CALTAGIRONE, SCHLEGEL CULVER,
DUSH, EVERETT, FEE, GABLER, HEFFLEY, HERSHEY, HILL-EVANS,
JOZWIAK, KAUFFMAN, KEEFER, MILLARD, B. MILLER, OWLETT,
PICKETT, PYLE, RADER, RIGBY, SCHMITT, STAATS, TOPPER AND
ZIMMERMAN, OCTOBER 25, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 25, 2019
AN ACT
Amending the act of December 15, 1971 (P.L.596, No.160),
entitled "An act providing for the control and regulation of
outdoor advertising adjacent to the interstate and primary
highway systems within this Commonwealth; providing for
administration by the Department of Transportation to comply
with Federal requirements as a condition to the receipt of
highway funds; fixing penalties and making appropriations,"
further providing for removal of prohibited advertising
devices and for penalties for violation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 10 and 11 of the act of December 15,
1971 (P.L.596, No.160), known as the Outdoor Advertising Control
Act of 1971, are amended to read:
Section 10. Removal of Prohibited Advertising Devices.--(a)
In addition to the penalties prescribed in this act, the
secretary may institute any appropriate action or proceeding
after thirty days' written notice of a violation to the person
or persons maintaining or allowing to be maintained such device,
to prevent, restrain, correct or abate a violation or to cause
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the removal of any advertising device erected or maintained in
violation of the provisions of this act, or the secretary may
have any such device corrected or removed by his employes.
(b) Notwithstanding subsection (a) or any other law to the
contrary, neither the secretary nor any other employe acting at
his direction may remove or cause to be removed an outdoor
advertising device that meets all of the following criteria:
(1) The maximum area of one side of the outdoor advertising
device does not exceed one hundred square feet with a maximum
height of ten feet and maximum length of ten feet, inclusive of
any border and trim but excluding the base or apron, supports
and other structural members.
(2) The outdoor advertising device is owned by a religious
organization that has not erected any other outdoor advertising
device under this subsection. For purposes of this clause, a
singular two-sided outdoor advertising device shall be
considered one outdoor advertising device.
(3) The outdoor advertising device is located not more than
one and one-half miles from a structure owned by the religious
organization.
(4) The outdoor advertising device is erected with written
approval of the municipality in which the outdoor advertising
device is located.
(c) In the event of [such] removal under subsection (a), the
person or persons responsible for the erection or maintenance of
such device and the person or persons allowing such device to be
maintained shall be liable to the department for the cost of
removal or correction of such device.
(d) Neither the secretary nor any other employe acting at
his direction shall be liable in any criminal or civil action
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for damages for any action authorized by this act.
Section 11. Penalties for Violation.--(a) Any person who
shall erect or cause or allow to be erected or maintained any
advertising device in violation of this act, shall, upon summary
conviction thereof, be sentenced to pay a fine of five hundred
dollars ($500) to be paid into the Highway Beautification Fund,
and in default of the payment thereof, shall undergo
imprisonment for thirty days. Each day a device is maintained in
violation of this act after conviction shall constitute a
separate offense.
(b) Subsection (a) shall not apply to an outdoor advertising
device that satisfies all of the criteria specified under
section 10(b).
Section 2. This act shall take effect in 60 days.
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