Chapter 377 — Chapter 377

ORS 377.745 Limitation on form and size of signs. (1) Except as provided in subsection (3) of this section, an outdoor advertising sign may not exceed

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ORS 377.750 Spacing between signs. (1) For the purpose of applying the spacing provided by subsection (2) of this section

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ORS 377.753 Permits for outdoor advertising signs; rules. (1) Notwithstanding the provisions of ORS 377.715, 377.725 and 377.770, the Department of Transportation may issue permits for outdoor advertising signs placed on benches or shelters erected or maintained for use by customers of a mass transit district, a transportation district or other public transportation agency

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ORS 377.755 [1971 c.770 §13; 1973 c.790 §9; 1974 s.s. c.33 §4; 1977 c.256 §1; repealed by 1987 c.336 §7]

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ORS 377.756 Permits for signs erected by city or unincorporated community. (1) The Department of Transportation shall issue permits for the erection of signs authorized by ORS 377.756 to 377.758. Subject to subsections (2) and (3) of this section, permits shall be issued at no cost to any city or county that applies or to any nonprofit or civic applicant approved by a city or county. Each permit entitles the holder of the permit to erect one sign in accordance with this section

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ORS 377.757 Requirements for signs authorized by ORS 377.756; payment of cost of sign. (1) A sign authorized by ORS 377.756 shall not exceed 48 square feet in size and may not have a vertical or horizontal dimension of more than eight feet. Nothing in this subsection affects size requirements for signs of a governmental unit that are authorized under ORS 377.735

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ORS 377.758 Notification by federal authorities of illegal sign; consequences. If appropriate federal authorities notify the Department of Transportation that the erection of a sign pursuant to any of the provisions of ORS 377.756 to 377.758 is contrary to any federal law, the department shall cease issuing permits and shall cause any signs erected pursuant to ORS 377.756 to 377.758 to be removed. [1987 c.631 §5; 2001 c.104 §128]

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ORS 377.759 Issuance of relocation credits for removal of outdoor advertising signs from scenic byway; rules. (1) The Department of Transportation shall administer an incentive program to encourage voluntary removal of outdoor advertising signs from particularly scenic areas of scenic byways

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ORS 377.760 [1971 c.770 §26; 1973 c.790 §10; repealed by 1987 c.336 §7]

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ORS 377.762 Issuance of relocation credits for removal of sign. The Department of Transportation shall issue a relocation credit upon the owner’s request if a sign is removed, the owner has lost the lease for that sign site and the sign and permit meet the requirements of ORS 377.700 to 377.844. [2009 c.463 §3]

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ORS 377.763 Consolidation of relocation credits. The owner of a relocation credit may combine relocation credits for outdoor advertising signs that have 249 square feet or less of display surface on one side to form a single relocation credit. After the relocation credits are combined, the Department of Transportation shall cancel the smaller relocation credits used to create the combined relocation credit. The first time an owner uses a combined relocation credit, the combined relocation credit is not restricted by the provisions of ORS 377.767 (4). [2009 c.463 §4]

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ORS 377.765 Status of previously existing signs; removal upon payment of compensation. (1) Outdoor advertising signs in existence on May 30, 2007, and lawfully located within commercial or industrial zones in existence on May 30, 2007, and outdoor advertising signs visible from a road or street that is designated as a state highway after May 30, 2007, and lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may remain. Subject to the provisions of ORS 377.700 to 377.844, such signs may be maintained, reconstructed and relocated. However, such signs may not be relocated unless a relocation permit has been issued pursuant to ORS 377.767. A permit may not be issued to relocate an outdoor advertising sign that was not lawfully in existence on May 30, 2007, except that outdoor advertising signs that are visible from a road or street that is designated as a state highway after May 30, 2007, and that are lawfully located within a commercial or industrial zone at the time the road or street is designated as a state highway, may be relocated within the same section of highway

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ORS 377.766 [2007 c.199 §4; repealed by 2009 c.463 §13]

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ORS 377.767 Relocation of existing outdoor advertising sign; conditions. A permit or a relocation credit shall be issued for the relocation of a permitted outdoor advertising sign lawfully located within a commercial or industrial zone in existence on May 30, 2007, if the site lease for the sign is terminated for any reason. The existing outdoor advertising sign may be relocated within any commercial or industrial zone if the new sign and the new site comply with ORS 377.700 to 377.844, and upon the following conditions

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ORS 377.768 Effect of relocation permit on existing sign permit; duty of director. Notwithstanding ORS 377.700 to 377.844

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ORS 377.770 Signs in protected, commercial or industrial areas. (1) Signs and outdoor advertising signs erected or maintained within protected areas shall comply with the sign rules for protected areas. If any provision of ORS 377.700 to 377.844 or rules adopted pursuant thereto are more restrictive than the sign rules for protected areas, the more restrictive provision or rule applies

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ORS 377.773 When sign abandoned; removal. Any sign that does not have a message on the display surface for a period of six months is deemed to have been abandoned by the owner and is a noncomplying sign subject to removal by the Director of Transportation under the procedure set forth in ORS 377.775. [1974 c.33 §7; 1975 c.336 §11; 1993 c.741 §60; 2007 c.199 §17]

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ORS 377.775 Removal procedure for noncomplying signs; ownership issues at hearing; disposition of removed signs; costs of removal. (1) Any sign that fails to comply with ORS 377.700 to 377.844 is a public and private nuisance. In addition to the penalties provided by ORS 377.992, such a sign may be removed by the Director of Transportation or the duly authorized representative of the director as provided by this section. The director may enter upon private property and remove the sign without incurring any liability therefor

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ORS 377.777 Action to enjoin person from violation of ORS 377.700 to 377.844. If the Department of Transportation has issued three or more final orders in a 12-month period finding that a person has violated one or more provisions of ORS 377.700 to 377.844, the Director of Transportation may file an action for injunctive relief to enjoin the person, or any other entity substantially controlled or directed by the person, from further violating ORS 377.700 to 377.844. The action may be filed in the Circuit Court for Marion County or in the circuit court of the county that is the principal place of business or residence of the person the director seeks to enjoin. [2001 c.508 §5]

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ORS 377.780 Removal of outdoor advertising signs; payment of compensation; value determinations. (1) Where the Department of Transportation elects to remove and pay for a sign visible from secondary highways pursuant to ORS 377.765 (4), upon removal, the department shall pay just compensation

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ORS 377.785 [1971 c.770 §5; 1973 c.790 §15; 1983 c.324 §36; 1985 c.104 §4; renumbered 285.163 in 1991]

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ORS 377.787 Contracts to study traveler information needs; council to establish sign programs; rules. (1) The Travel Information Council may enter into contractual or other agreements with other governmental agencies of this state or an independent contractor to study various ways of providing information deemed necessary to the traveling public by signs, information centers or other means. The council may also enter into contractual or other agreements with other governmental agencies of this state or an independent contractor for the construction of experimental signs or displays to provide information deemed necessary to the traveling public

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ORS 377.790 Construction, maintenance and operation of tourist and motorist informational signs. Pursuant to the terms of a written agreement between the Department of Transportation and the Travel Information Council

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ORS 377.795 Allocation of costs of telephone informational system; webpage fee; disposition of receipts. (1) Whenever the Travel Information Council establishes a telephone reservation system for lodging accommodations or other travel services at a sign plaza, the costs thereof shall be apportioned among the subscribing motels, hotels, trailer parks, campgrounds or providers of other travel services on a per room or other equitable basis

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ORS 377.800 Tourist and motorist informational signs; logo signs; sign and travel plazas. (1) For the convenience and information of the traveling public, a person may upon obtaining a permit therefor display messages as may be allowed by rule adopted by the Travel Information Council for the particular type of sign on a motorist informational sign, tourist oriented directional sign or logo sign or at a sign plaza or travel plaza

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ORS 377.805 Form of tourist and motorist informational signs; use of logo signs. (1) The Travel Information Council shall by regulation prescribe the size, shape, color, lighting, and lettering of and manner of displaying messages on tourist oriented directional signs, logo signs and motorist informational signs

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ORS 377.810 [1971 c.770 §12; repealed by 1973 c.790 §27]

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ORS 377.820 Application for tourist or motorist informational sign permit; investigation; disposition. (1) An application for a tourist oriented directional sign, logo sign or a motorist informational sign permit shall be submitted to the Travel Information Council on a form prescribed by the council. The application shall set forth the name and address of the applicant; the name, nature and location of the business or activity; the location where a tourist oriented directional sign, logo sign or a motorist informational sign is desired; and such other information as the council may require. The applicant shall tender with the application the permit fee required under ORS 377.825 for each sign requested

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ORS 377.825 Fees for sign applications, maintenance costs and reinstallation. (1) An applicant for a logo sign, tourist oriented directional sign or a motorist informational sign shall pay to the Travel Information Council an initial permit fee and an annual renewal fee which shall be determined for each year by the council in advance of such year

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ORS 377.830 Limitation on motorist informational sign permits; use of logo signs. Notwithstanding any other provisions of ORS 377.700 to 377.844, the Travel Information Council shall not issue, for any one place or business eligible therefor, more than two permits for motorist informational or logo signs for one direction of travel on a state highway leading to the place or business. Where a logo is available it shall be used and shall be one of the two allowable signs. [1971 c.770 §11; 1973 c.790 §22; 1983 c.111 §8]

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ORS 377.831 Application for digital billboard permit. (1) If an outdoor advertising sign being relocated is relocated as a digital billboard or if an outdoor advertising sign being reconstructed is reconstructed as a digital billboard, an applicant for a digital billboard permit under ORS 377.725 shall either remove one existing outdoor advertising sign and retire the permit for that sign or retire one relocation credit. The permit or relocation credit retired must be for signs with a display surface of at least 250 square feet

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ORS 377.833 Public notifications. (1) The Department of Transportation shall work together with the Travel Information Council, the Oregon Department of Emergency Management, the Department of State Police, the Secretary of State and owners of digital billboards to develop a public notification plan for the purpose of using digital billboards to display notifications to the traveling public related to civic activities and public safety. Public notifications include but are not limited to information about the Government Waste Hotline established under ORS 177.170, elections, voter registration, Amber Alerts and natural disasters and other emergencies

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ORS 377.835 Creation of Travel Information Council as semi-independent state agency; members; qualifications; appointment; terms; chairperson; quorum; executive director; rules. (1) The Travel Information Council is created as a semi-independent state agency

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ORS 377.836 Application of certain statutes to Travel Information Council. (1) Except as otherwise provided by law, and except as provided in subsection (2) of this section, the provisions of ORS 279.835 to 279.855 and 283.085 to 283.092 and ORS chapters 240, 276, 279A, 279B, 279C, 282, 283, 291, 292 and 293 do not apply to the Travel Information Council. The council is subject to all other statutes governing a state agency that do not conflict with ORS 377.700 to 377.844, including the tort liability provisions of ORS 30.260 to 30.300 and the provisions of ORS chapter 183. Subject to the requirements of ORS chapters 238 and 238A, the council’s employees are members of the Public Employees Retirement System

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ORS 377.837 [1973 c.790 §26; repealed by 1983 c.111 §10]

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ORS 377.838 Authority of executive director of Travel Information Council. (1) Except as provided in subsection (2) of this section, in carrying out the duties, functions and powers of the Travel Information Council, the executive director of the Travel Information Council may contract with any state agency for the performance of such duties, functions and powers as the council considers appropriate

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ORS 377.839 Authority of Travel Information Council. The Travel Information Council created under ORS 377.835 may

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ORS 377.840 Travel Information Council account; budget process; disposition of moneys received. (1) All moneys collected, borrowed or received by the Travel Information Council shall be deposited into a Travel Information Council account established in accordance with ORS 295.001 to 295.108. The council may invest moneys collected, borrowed or received by the council. Investments made by the council are limited to the types of investments listed in ORS 294.035. Interest earned from any amounts invested shall be made available to the council in a manner consistent with the council’s approved biennial budget

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ORS 377.841 Roadside rest areas. (1) For the purposes of this section, “roadside rest areas” includes the following roadside rest areas in this state

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ORS 377.842 Refreshments at roadside rest areas; rules. (1) The Travel Information Council shall establish by rule a permit program allowing nonprofit organizations to provide free cookies, coffee or other nonalcoholic beverages at roadside rest areas managed by the council pursuant to ORS 377.841. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year

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ORS 377.844 Enforcement of rules regarding health and safety. (1) In addition to any other persons permitted to enforce violations, the executive director of the Travel Information Council and any person specifically designated by the executive director may issue and serve citations to any person for violation of a rule adopted under ORS 366.493

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ORS 377.845 Use of funds by Department of Transportation after repayment of highway fund. After the Travel Information Council has repaid the State Highway Fund for all moneys advanced or owed it may then utilize any funds received in excess of expenses to reimburse the Department of Transportation for such part of the cost of providing public service information in sign plazas in rest areas as the council may decide and also for the acquisition of outdoor advertising signs located outside of commercial or industrial zones adjacent to secondary highways. The Travel Information Council may enter into such agreements with the department as are necessary to carry out the provisions of this section. [1975 c.336 §15]

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ORS 377.880 Informational materials in roadside rest areas; rules. (1) As used in this section, “nonprofit organization” means an organization described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code

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ORS 377.885 Department of Transportation Human Trafficking Awareness Fund. (1) The Department of Transportation Human Trafficking Awareness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Department of Transportation Human Trafficking Awareness Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Transportation to pay for the expenses incurred in carrying out the provisions of ORS 377.880. The fund consists of moneys appropriated or transferred to the fund and moneys received under subsection (2) of this section

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ORS 377.887 State Parks and Recreation Department Human Trafficking Awareness Fund. (1) The State Parks and Recreation Department Human Trafficking Awareness Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the State Parks and Recreation Department Human Trafficking Awareness Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department to pay for the expenses incurred in carrying out the provisions of ORS 377.880. The fund consists of moneys appropriated or transferred to the fund and moneys received under subsection (2) of this section

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ORS 377.990 [Amended by 1953 c.335 §2; subsection (4) of 1957 Replacement Part enacted as 1955 c.541 §19; repealed by 1959 c.309 §22]

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ORS 377.992 Penalties; rules. (1)(a) A person who violates any provision of ORS 377.510 (1) or 377.700 to 377.844 or any regulation of the Travel Information Council adopted pursuant thereto is subject to a civil penalty of up to $1,000 per day for each day of violation, or the amount of gross revenues earned for the sign during the period of time the violation continues, whichever is greater

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ORS 377.995 [1959 c.309 §21; subsection (5) enacted as 1961 c.615 §17; subsection (6) enacted as 1961 c.614 §11; subsection (7) enacted as 1967 c.590 §12; repealed by 1971 c.770 §31]

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