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AASHTO 2006 Clearinghouse Report

Outdoor Advertising On Street Furniture Ads / Parks

The Massachusettes Department of Transportation requested a survey of the other states regarding the following. Outdoor Advertising on "street furniture" (e.g. bus shelters), particularly as it pertains to proximity to parks and open spaces.

  1. Do you regulate outdoor advertising on street furniture (e.g., bus shelters, kiosks, information panels)?

    1. If so, do you have specific regulations applicable to outdoor advertising on street furniture (beyond regulations applicable to other outdoor advertising media, e.g., billboards)?
      a. If so, could you please provide a copy?

    2. If so, do you permit outdoor advertising on street furniture in proximity to parkland
      a. If so, do you impose any distance or other restrictions on street furniture advertisements near parkland?

ARKANSAS

  1. This type of advertising is regulated under AHTD's existing billboard regulations.
  2. No restrictions near parkland.

ARIZONA

  1. Do you regulate outdoor advertising on street furniture (e.g., bus shelters, kiosks, information panels)?
    Yes. Our state statutes broadly define outdoor advertising. Under Arizona Revised Statutes 28-7901(6) "Outdoor advertising" means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing that is designed, intended or used to advertise or inform and the message of which is visible from any place on the main traveled way of the interstate, secondary or primary systems."
    However the outdoor advertising could not be located in state right-of-way under a separate statute prohibiting commercial advertising in the state right-of-way.

    1. Part of our regulation R17-3-701(E)(3)(d) allows for "public service signs" on school bus shelters only (kind of a category of an official sign)
      "Public service signs" means signs located on school bus stop shelters, which signs:

      • Identify the donor, sponsor, or contribution of said shelters;
      • Contain safety slogans or messages, which shall occupy not less than 60% of area of the sign;
      • Contain no other message;
      • Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and
      • May not exceed 32 square feet in area.
      • Not more than one sign on each shelter shall face in any one direction.
    2. Our laws say; enforcement of these small, sometimes city-owned signs can be a problem.

CALIFORNIA

No involvement by California R/W.

CONNECTICUT

The State of Connecticut Outdoor Advertising Section does not regulate the use of street furniture in connection with bus shelter advertising. ]

GEORGIA

In Georgia, the Right of Way Office does not regulate outdoor advertising signs either on furniture or by the roadway. These are regulated by the Department's maintenance office.

HAWAII

Hawaii has a very restrictive outdoor advertising law. Generally, it does not allow for any "outdoor advertising" except the sign on a place of business, "for sale or rent" on the premises for sale or rent & temporary signs or banners announcing specific events like elections, meeting, rallies, concerts, school reunions etc that are taken down after the event. I do not recollect seeing any legally placed ads on street furniture near a park except for the park sign.

IDAHO

Idaho hasn't regulated this type of advertising so far, but I have started looking into this matter since the number of "bus benches, etc." is growing. I have also noticed web site addresses on the "benches" also advertising "Lexamarting.com".

KANSAS

Kansas addresses this type of sign as:

Signs located on school bus stop shelters, which signs

  1. Identify the donor, sponsor, or contributor of said shelter

  2. Contain safety slogans or messages, which shall occupy not less than sixty (60) percent of the area of the sign.

  3. Contain no other messages.

  4. Are located on school bus shelters, which are authorized or approved by city, county, or state law, regulation or ordinance and at places approved by the city, county, or state agency controlling the highway involved.

  5. May not exceed thirty-two (32) square feet in area. Not more than one sign on each shelter shall face in any one direction.

Kansas Law does not address restrictions in proximity to parklands. Many cities in Kansas have advertisement on benches at bus stops, although I have not personally checked into it, I can only assume most cities control the bus stop bench advertisement. Our law states "school bus shelters".

MARYLAND

Maryland has no regulation beyond those in the Uniform Act.

MICHIGAN

Outdoor advertising on "street furniture" (e.g. bus shelters), particularly as it pertains to proximity to parks and open space.

Public Act 96 of 1959 requires MDOT and local jurisdiction approval of bus shelter placement and advertisements.

  1. If so, do you have specific regulations applicable to outdoor advertising on street furniture (beyond regulations applicable to other outdoor advertising media, e.g., billboards)?

    Public Act 340 of 1994 allows for advertising on bus shelters placed by SMART, a metropolitan bus authority in Wayne, Oakland, Macomb, and upper Monroe counties.

    Access the following web site: http://www.legislature.mi.gov/mileg.asp?page=MCLAdvancedSearch

    Enter appropriate information in the field:

    Public Act Number ___ Of Year____

  2. N/A

MISSISSIPPI

We do not regulate bus stop bench ads in Mississippi. We have so few that we let the municipalities regulate it in the few areas where it is used.

MONTANA

Montana does not regulate "Street Furniture through Outdoor Advertising Control!

NEBRASKA

A. No, but we do have rules on school bus shelters.

(See attached file: School Bus Shelters.doc)

  1. Not Applicable.

    002.03E CLASS IE SIGNS: Official signs that mark or designate school bus shelters. 002.03E1 Class IE Signs shall not exceed thirty-two square feet in area nor shall more than fifty percent of the sign be used to display the name of the sponsor or donor. The remainder of the sign must contain a public service message.

    002.03E2 Not more than one sign shall be placed on each school bus shelter facing each direction of travel.

    002.03E3 The school bus shelter location must be approved by the governmental authority controlling the highway and any other governmental agencies having jurisdiction over such school bus shelters.

    002.03E4 Class IE Signs must have a permit from the Nebraska Department of Roads.

    002.03E5 Failure to use a school bus shelter regularly will be cause for revocation of a the permit and removal of the entire message from the shelter.

    002.03E6 Class IE Signs shall conform to lighting criteria in Section 002.08.

NEW HAMPSHIRE

We haven't had much of an issue in New Hampshire yet with street furniture. Most benches would be located too far away from the traveled way to be much use. We have not developed any regulations for them. The closest we would have would be the federal regs for bus shelters.

NEW JERSEY

  1. Yes.
    1. Not at this time, though some have been drafted specifically in regard to bus shelters.
      a. We will be willing to do so once they are published as an official proposal.

    2. Yes

NORTH DAKOTA

We do not regulate advertising on street furniture. This has not been an issue in North Dakota at this point.

OHIO

  1. If they are outside the right-of-way, they are subject to Ohio's outdoor advertising regulations.

    1. No specific regulations for street furniture.
      a. N/A

    2. N/A

SOUTH DAKOTA

South Dakota does not place special restrictions on the regulation of advertising on street furniture.

UTAH

  1. YES

    1. Please visit this web site for the Utah Administrative Rule R933-4 for Bus Shelters and Bus Benches: http://rules.utah.gov/publicat/code/r933/r933-004.htm

    2. The rules do not mention a distance from a park land but Utah Code and the Utah Federal Agreement require a 500 feet distance from a park to the advertising structure. As per R933-4-4 (1) listed below, bus benches and shelters are subject to the above mentioned laws.

      Any person wishing to erect and maintain a bus shelter or bench on the state right-of-way of a public road shall apply to UDOT for a license. As a condition of the issuance of the license, UDOT must approve the bus shelter building or bench plans and the location of the bus shelter or bench on the right-of-way, provided, however, that such approval is subject to any and all restrictions imposed by Title 23 United States Code and 23 CFR relating to the federal-aid system and the Utah Outdoor Advertising Act and Rules, except as specifically otherwise provided herein.

WASHINGTON

  1. We have authority to allow it on bus shelters, but the regulation is new and so far we do not have any takers.

    1. Yes -- RCW 47.12.120 Lease of unused highway land or air space. The department may rent or lease any lands, improvements, or air space above or below any lands that are held for highway purposes but are not presently needed. The rental or lease:

      1. Must be upon such terms and conditions as the department may determine;

      2. Is subject to the provisions and requirements of zoning ordinances of political subdivisions of government;

      3. Includes lands used or to be used for both limited access and conventional highways that otherwise meet the requirements of this section; and

      4. In the case of bus shelters provided by a local transit authority that include commercial advertising, may charge the transit authority only for commercial space.

        a. See above.

    2. Advertisements near parkland? N/A

WISCONSION

  1. Wisconsin's administrative rule provides for "public service signs" meaning "signs located on school bus stop shelters". We propose to re-name this group of signs as"school bus stop shelter signs" in future rule changes. Even though Wisconsin's regulations include this group of signs, in practice, Wisconsin has no public service signs under its control. It appears to be an unfavored group or category of outdoor sign in Wisconsin.

    1. Yes, but this applies only to school bus stop shelter signs, not to kiosks, etc.
      a. Yes. See the text below, taken directly from Wisconsin's administrative rule:

      Trans 201.05(1)(g)
      (g) "Public service signs" means signs located on school bus stop shelters, which signs:
      Trans 201.05(1)(g)1.
      1. Identify the donor, sponsor, or contributor of said shelters; Trans 201.05(1)(g)2.
      2. Contain public service messages, which shall occupy not less than 50% of the area of
      the signs; Trans 201.05(1)(g)
      3. Contain no other message;

      Trans 201.05(1)(g)4.
      4. Are located on school bus shelters which are authorized or approved by city, county,
      or state law, regulation, or ordinance, and at places approved by the city, county, or
      state agency controlling the highway involved; and Trans 201.05(1)(g)5.

      5. May not exceed 32 square feet in area. Not more than one sign on each shelter shall
      face in any one direction.

    2. No. See explanation below.
      Public service signs are placed under "Directional and official signs" in Wisconsin's regs. Those regulations say that "No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area." "Directional and other official signs and notices" includes public service signs. Therefore, a school bus stop shelter that was located within 2,000 feet of a park land would not be eligible for a public service sign.

Updated: 04/02/2013
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