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 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 thirty-two square 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 service club, charitable association or religious service organization.
(3) The outdoor advertising device was erected on or before December 4, 2015, or was removed between December 4, 2012, and December 4, 2015.
(c) In the event of 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 for damages for any action authorized by this act.
(10 amended July 11, 2022, P.L.1581, No.89)
Compiler's Note: Section 3 of Act 89 of 2022 provided that the Secretary of Transportation of the Commonwealth shall notify the Federal Highway Administration within 60 days of the effective date of section 3 that the State has elected to exempt signs less than 32 square feet owned by a service club, charitable association or religious service organization as permitted by section 1425 of the Fixing America's Surface Transportation Act (Public Law 114-94, 129 Stat. 1312).