[Repealed.] SOURCE: GC § 17400.1 added by P.L. 18-040:36 (Nov. 6, 1986). Repealed and reenacted by P.L. 24-055:2 (June 25, 1997). Amended by P.L. 31-148:2 (Nov. 21, 2011). P.L. 32-209:1 (Dec. 29, 2014) amended subsections (e) and (h), and added subsection (i). Repealed by P.L. 34-067:4 (Nov. 11, 2017). 2017 NOTE: Subitem designations added pursuant to the authority of 1 GCA § 1606. Prior to its repeal by P.L. 34-067, this provision stated: Candidates for public office or other persons having an interest in an election may place political signs which advocate voting for or against candidates, or other matters to be considered by the electorate, on government property in accordance with the following provisions: (a) Definitions. (1) “Candidate” means a person seeking public office. (2) “Government property” means any tangible or real property held by the government of Guam. (3) “Organization” means any political organization or political action group advocating an issue in a special or general election.
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(4) “Political sign” means all billboards, posters, banners or displays which advocate a candidate for political office or any matter to be presented to the electorate for vote, and all items put on public property to erect or secure the billboard, poster, banner, or display in place, including rebars and wires. (5) “Utility pole” means any pole erected for street lighting, power lines, and cable television lines. (b) Notice. Notice shall be posted on the campaign sign that the advertisement has been approved or authorized by the candidate or, if the advertisement has not been authorized by the candidate, the name and mailing address of the individual(s) or organization that paid for the advertisement. (c) Permit: Fee; Deposit. Any candidate or organization may apply for a permit to post campaign signs with the Department of Public Works. The Director of Public Works is authorized to charge a non- refundable permit fee of One Hundred Dollars ($100.00) and a deposit of Two Hundred Dollars ($200.00), or as increased from time to time by rules and regulations promulgated by the Director of Public Works in accordance with the Administrative Adjudication Law. Such rules and regulations shall provide for procedures governing approval or rejection of permits, manner and location of posting, maintenance of sign and surrounding area, procedures for notification, removal of signs, forfeiture of deposit of any sign found in violation of this Section, and any other rules or regulations necessary to ensure the safety of the public. (d) Restrictions on Posting of Political Signs. (1) No political sign may be erected or posted upon the shoulder of any roadway unless it is eight (8) feet from the paved portion of the roadway, and in such a manner that would not impede traffic or a driver’s visibility; or erected upon any traffic median strip, sidewalk, road, or driveway. (2) No political sign may be erected upon, on or within any government building, or nailed to any tree or attached to any fence on government property. (3) No political sign may be erected or posted within one hundred (100) feet of any entrance to a public school, or upon any public school property, including school fences and gates. (4) No political sign or sticker may be posted upon any utility pole or guard rail. (5) No political signs may be posted upon any public parks within the jurisdiction of the Department of Parks and Recreation, the Department of Public Works, or the village Mayors. (6) No political sign may be erected or posted within one hundred (100) feet of any intersection. (e) Period for Posting of Political Signs. Political signs shall not be erected any earlier than sixty (60) days before any special or primary election. (f) Size Restriction. No political sign may exceed thirty-two (32) square feet in gross billboard, poster, banner or display surface area. Any sign which exceeds thirty-two (32) square feet shall be removed immediately by the Department of Public Works, and all sign materials and any deposit made shall be automatically forfeited to the government of Guam. (g) Maintenance of Political Signs. It shall be the responsibility of every candidate or organization to maintain their sign in a manner which does not impede the safety of the public, and which complies with applicable rules and regulations as adopted by the Department of Public Works. Failure of a candidate or any organization to maintain campaign signs shall be grounds for forfeiture of any deposit and all sign materials. (h) Removal of Signs. (1) Any sign in violation of any of the provisions of Subsections (b), (d), (e), (f) or (g) of this Section, or any of the sign regulations outlined in §§ 61541 - 61546 of this Subarticle 5, shall be removed within forty-eight (48) hours by the candidate or organization after notification by the Department of Public Works, or the Mayor of the village in which the sign is located. A sign not removed within forty-eight (48) hours of notification may be removed immediately by the Department of Public Works or the village Mayor. The candidate or organization shall be responsible for paying a fine of Twenty-Five Dollars ($25.00) per day per sign for each day a sign, in violation of this Section, is not removed after forty-eight (48) hours. Failure to remove any political sign and
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all items used in the erection and securing of the political sign, including rebars and wires, in violation of this Section shall be grounds for forfeiture of any deposit. (2) Every political sign shall be removed no later than fifteen (15) calendar days after the conclusion of any general or special election. Failure to remove any political sign within fifteen (15) days after the conclusion of any general, special, or primary election, as applicable, shall be grounds for forfeiture of any deposit, plus a fine of Twenty-Five Dollars ($25.00) per day per sign for each day a sign, in violation of this Section, is not removed after the said fifteen (15) days, supra. (i) All fees, deposits, and fines collected pursuant to the provisions of this Section shall be deposited into the Public Rights-Of-Way Account of the Territorial Highway Fund for the purpose of maintaining safe and clean public roadways. Sufficient funds shall be reserved for the refund of deposits, pursuant to this Section.