Z-0447.1  _______________________________________________

 

                         SENATE BILL 5381

          _______________________________________________

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senators T. Sheldon, Benton, Haugen, Horn, Costa and Winsley; by request of Department of Transportation

 

Read first time 01/21/1999.  Referred to Committee on Transportation.

Adding information to motorist information signs.


    AN ACT Relating to motorist information signs; and amending RCW 47.36.005, 47.36.300, 47.36.310, 47.36.320, 47.36.330, 47.36.340, and 47.36.350.

 

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

 

    Sec. 1.  RCW 47.36.005 and 1991 c 94 s 3 are each amended to read as follows:

    The definitions set forth in this section apply throughout this chapter.

    (1) "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

    (2) "Interstate system" means a state highway that is or becomes part of the national system of interstate and defense highways as described in section 103(d) of Title 23, United States Code.

    (3) "Maintain" means to allow to exist.

    (4) "Primary system" means a state highway that is or becomes part of the federal-aid primary system as described in section 103(b) of title 23, United States Code.

    (5) "Scenic system" means (a) a state highway within a public park, federal forest area, public beach, public recreation area, or national monument, (b) a state highway or portion of a highway outside the boundaries of an incorporated city or town designated by the legislature as a part of the scenic system, or (c) a state highway or portion of a highway outside the boundaries of an incorporated city or town designated by the legislature as a part of the scenic and recreational highway system except for the sections of highways specifically excluded in RCW 47.42.025.

    (6) "((Specific)) Motorist information sign panel" means a panel, rectangular in shape, located in the same manner as other official traffic signs readable from the main traveled ways, and consisting of:

    (a) The words "GAS," "FOOD," ((or)) "LODGING," "CAMPING," "RECREATION," or "TOURIST ACTIVITIES" and directional information; and

    (b) One or more individual business signs mounted on the panel.

    (7) "Business sign" means a separately attached sign mounted on the ((specific)) motorist information sign panel or roadside area information panel to show the brand or trademark and name, or both, of the motorist service available on the crossroad at or near the interchange.  Nationally, regionally, or locally known commercial symbols or trademarks for service stations, restaurants, and motels shall be used when applicable.  The brand or trademark identification symbol used on the business sign shall be reproduced with the colors and general shape consistent with customary use.  Messages, trademarks, or brand symbols that interfere with, imitate, or resemble an official warning or regulatory traffic sign, signal, or device are prohibited.

    (8) "Roadside area information panel or display" means a panel or display located so as not to be readable from the main traveled way, erected in a safety rest area, scenic overlook, or similar roadside area, for providing motorists with information in the specific interest of the traveling public.

    (9) "Tourist-oriented directional sign" means a sign on a ((specific)) motorist information sign panel on the state highway system to provide directional information to a qualified tourist-oriented business, service, or activity.

    (10) "Qualified tourist-oriented business" means a lawful cultural, historical, recreational, educational, or entertaining activity or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.

    (11) "Adopt-a-highway sign" means a sign on a state highway right of way referring to the departments' adopt-a-highway litter control program.

 

    Sec. 2.  RCW 47.36.300 and 1986 c 114 s 3 are each amended to read as follows:

    (1) The legislative authority of any county, city, or town may erect, or permit the erection of, supplemental directional signs directing motorists to motorist service businesses qualified for ((specific)) motorist information sign panels pursuant to RCW 47.36.310 or 47.36.320 in any location on, or adjacent to, the right of way of any roads or streets within their jurisdiction.

    (2) Appropriate fees may be charged to cover the cost of issuing permits, installation, or maintenance of such signs.

    (3) Supplemental signs and their locations shall comply with all applicable provisions of this chapter, ((sections 131 and 315 of Title 23 United States Code)) the Manual on Uniform Traffic Control Devices, and such rules as may be adopted by the department ((including the manual on uniform traffic control devices for streets and highways)).

 

    Sec. 3.  RCW 47.36.310 and 1987 c 469 s 3 are each amended to read as follows:

    The department is authorized to erect and maintain ((specific)) motorist information sign panels within the right of way of the interstate highway system to give the traveling public specific information as to gas, food, ((or)) lodging, camping, or tourist-oriented business available on a crossroad at or near an interchange.  ((Specific)) Motorist information sign panels shall include the words "GAS," "FOOD," ((or)) "LODGING," "CAMPING," or "TOURIST ACTIVITIES" and directional information and may contain one or more individual business signs maintained on the panel.  ((Specific)) Motorist information sign panels are authorized within the corporate limits of cities and towns and areas zoned for commercial or industrial uses at locations where there is adequate distance between interchanges to ensure compliance with the ((provisions of Title 23 C.F.R. sec. 655.307(a))) Manual on Uniform Traffic Control Devices.  The erection and maintenance of ((specific)) motorist information sign panels shall also conform to the ((national standards promulgated by the United States secretary of transportation pursuant to sections 131 and 315 of Title 23, United States Code)) Manual on Uniform Traffic Control Devices and rules adopted by the state department of transportation.  A motorist service or tourist-oriented business located within one mile of ((a state)) an interstate highway shall not be permitted to display its name, brand, or trademark on a ((specific)) motorist information sign panel unless its owner has first entered into an agreement with the department limiting the height of its on-premise signs at the site of its service installation to not more than fifteen feet higher than the roof of its main building measured to the bottom of the on-premise sign.  The restriction for on-premise signs does not apply if the sign is not visible from the highway.  The department may, on a case-by-case basis, waive the height restriction when an on-premise sign is visible from the rural interstate system.  The department shall charge reasonable fees for the display of individual business signs to defray the costs of their installation and maintenance, and may charge reasonable fees to recover costs for the erection and maintenance of the motorist information sign panels.  ((The restriction for on-premise signs shall not apply if the sign is not visible from the highway.  The department may, on a case-by-case basis, waive the height restriction when an on-premise sign is visible from the rural interstate system.))

 

    Sec. 4.  RCW 47.36.320 and 1986 c 114 s 2 are each amended to read as follows:

    The department is authorized to erect and maintain ((specific)) motorist information sign panels within the right of way of ((both the primary system and the scenic system)) noninterstate highways to give the traveling public specific information as to gas, food, lodging, recreation, or ((lodging available off the primary or scenic highway)) tourist-oriented businesses accessible by way of highways intersecting the ((primary or scenic)) noninterstate highway.  ((Such specific)) The motorist information sign panels ((and tourist-oriented directional signs shall be)) are permitted only at locations within the corporate limits of cities and towns and areas zoned for commercial or industrial uses where there is adequate distance between interchanges to ensure compliance with the ((provisions of Title 23 C.F.R. secs. 655.308(a) and 655.309(a))) Manual on Uniform Traffic Control Devices. ((Specific)) Motorist information sign panels shall include the words "GAS," "FOOD," "LODGING," "RECREATION," or "((LODGING)) TOURIST ACTIVITIES" and directional information and may contain one or more individual business signs maintained on the panel.  The erection and maintenance of ((specific)) motorist information sign panels along ((primary or scenic)) noninterstate highways shall also conform to the ((national standards promulgated by the United States secretary of transportation pursuant to sections 131 and 315 of Title 23 United States Code)) Manual on Uniform Traffic Control Devices and rules adopted by the state department of transportation ((including the manual on uniform traffic control devices for streets and highways)).  A motorist service or tourist-oriented business located within one mile of a ((state)) noninterstate highway shall not be permitted to display its name, brand, or trademark on a ((specific)) motorist information sign panel unless its owner has first entered into an agreement with the department limiting the height of its on-premise signs at the site of its service installation to not more than fifteen feet higher than the roof of its main building measured to the bottom of the on-premise sign.

    The department shall adopt rules for the erection and maintenance of tourist-oriented directional signs with the following restrictions:

    (1) Where installed, they shall be placed in advance of the "GAS," "FOOD," "LODGING," or "RECREATION((," or "LODGING" specific))" motorist information sign panels previously described in this section;

    (2) Signs shall not be placed to direct a motorist to an activity visible from the main traveled roadway;

    (3) Premises on which the qualified tourist-oriented business is located must be within fifteen miles of the state highway, and necessary supplemental signing on local roads must be provided before the installation of the signs on the state highway.

    The department shall charge reasonable fees for the display of individual business signs to defray the costs of their installation and maintenance, and may charge reasonable fees for the erection and maintenance of the motorist information sign panels.

 

    Sec. 5.  RCW 47.36.330 and 1985 c 142 s 3 are each amended to read as follows:

    (1) Not more than six business signs may be permitted on ((specific)) motorist information sign panels authorized by RCW 47.36.310 and 47.36.320.

    (2) The maximum distance that eligible service facilities may be located on either side of an interchange or intersection to qualify for a business sign are as follows:

    (a) On ((fully-controlled, limited access)) interstate highways, gas, food, or lodging activities shall be located within three miles.  Camping or tourist-oriented activities shall be within five miles.

    (b) On noninterstate highways ((with partial access control or no access control)), gas, food, lodging, ((or camping)) recreation, or tourist-oriented activities shall be located within five miles.

    (3) If no eligible services are located within the distance limits prescribed in subsection (2) of this section, the distance limits shall be increased until an eligible service of a type being considered is reached, up to a maximum of fifteen miles.

 

    Sec. 6.  RCW 47.36.340 and 1985 c 376 s 8 are each amended to read as follows:

    To be eligible for placement of a business sign on a ((specific)) motorist information sign panel a lodging activity shall:

    (1) Be licensed or approved by the department of social and health services or county health authority;

    (2) Provide adequate sleeping and bathroom accommodations available for rental on a daily basis; and

    (3) Provide public telephone facilities.

 

    Sec. 7.  RCW 47.36.350 and 1991 c 94 s 5 are each amended to read as follows:

    The department shall ensure that ((specific)) motorist information sign panels are installed within nine months of receiving the request for installation.

 


                            --- END ---