Utah Code 72-7-508. Unlawful outdoor advertising — Adjudicative proceedings — Judicial review — Costs of removal — Civil and criminal liability for damaging regulated signs — Immunity for Department of Transportation
Current as of: 2024 | Check for updates
|
Other versions
(1) Outdoor advertising is unlawful when:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 72-7-508
- Contiguous: means that a portion of one parcel of land is situated immediately adjacent to, and shares a common boundary with, a portion of another parcel of land. See Utah Code 72-7-502
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forbearance: A means of handling a delinquent loan. A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure safe and in a state suitable for use, including signs destroyed by vandalism or an act of God. See Utah Code 72-7-502
- On-premise sign: means a sign used to advertise the sale or lease of, or activities conducted on, the property on which the sign is located. See Utah Code 72-7-502
- Outdoor advertising: means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route. See Utah Code 72-7-502
- Outdoor advertising corridor: means a strip of land 660 feet wide, measured perpendicular from the edge of a controlled highway right-of-way. See Utah Code 72-7-502
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(1)(a) erected after May 9, 1967, contrary to the provisions of this chapter;(1)(b) a permit is not obtained as required by this part;(1)(c) a false or misleading statement has been made in the application for a permit that was material to obtaining the permit;(1)(d) the sign for which a permit was issued is not in a reasonable state of repair, is unsafe, or is otherwise in violation of this part; or(1)(e) a sign in the outdoor advertising corridor is permitted by the local zoning authority as an on-premise sign and the sign, from time to time or continuously, advertises an activity, service, event, person, or product located on property other than the property on which the sign is located.
(2) The establishment, operation, repair, maintenance, or alteration of any sign contrary to this chapter is also a public nuisance.
(3) Except as provided in Subsections (4) and (10), in its enforcement of this section, the department shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(4)
(4)(a) The district courts shall have jurisdiction to review by trial de novo all final orders of the department under this part resulting from formal and informal adjudicative proceedings.
(4)(b) Venue for judicial review of final orders of the department shall be in the county in which the sign is located.
(5) If the department is granted a judgment in an action brought under Subsection (4), the department is entitled to have any nuisance abated and recover from the responsible person, firm, or corporation, jointly and severally:
(5)(a) the costs and expenses incurred in removing the sign; and
(5)(b)
(5)(b)(i) $500 for each day the sign was maintained following the expiration of 10 days after notice of agency action was filed and served under Section 63G-4-201;
(5)(b)(ii) $750 for each day the sign was maintained following the expiration of 40 days after notice of agency action was filed and served under Section 63G-4-201;
(5)(b)(iii) $1,000 for each day the sign was maintained following the expiration of 70 days after notice of agency action was filed and served under Section 63G-4-201; and
(5)(b)(iv) $1,500 for each day the sign was maintained following the expiration of 100 days after notice of agency action was filed and served under Section 63G-4-201.
(6)
(6)(a) Any person, partnership, firm, or corporation who vandalizes, damages, defaces, destroys, or uses any sign controlled under this chapter without the owner’s permission is liable to the owner of the sign for treble the amount of damage sustained and all costs of court, including a reasonable attorney’s fee, and is guilty of a class C misdemeanor.
(6)(b) This Subsection (6) does not apply to the department, its agents, or employees if acting to enforce this part.
(7) The following criteria shall be used for determining whether an existing sign within an interstate outdoor advertising corridor has as its purpose unlawful off-premise outdoor advertising:
(7)(a) whether the sign complies with this part;
(7)(b) whether the premise includes an area:
(7)(b)(i) from which the general public is serviced according to normal industry practices for organizations of that type; or
(7)(b)(ii) that is directly connected to or is involved in carrying out the activities and normal industry practices of the advertised activities, services, events, persons, or products;
(7)(c) whether the sign generates revenue:
(7)(c)(i) arising from the advertisement of activities, services, events, or products not available on the premise according to normal industry practices for organizations of that type;
(7)(c)(ii) arising from the advertisement of activities, services, events, persons, or products that are incidental to the principal activities, services, events, or products available on the premise; and
(7)(c)(iii) including the following:
(7)(c)(iii)(A) money;
(7)(c)(iii)(B) securities;
(7)(c)(iii)(C) real property interest;
(7)(c)(iii)(D) personal property interest;
(7)(c)(iii)(E) barter of goods or services;
(7)(c)(iii)(F) promise of future payment or compensation; or
(7)(c)(iii)(G) forbearance of debt;
(7)(d) whether the purveyor of the activities, services, events, persons, or products being advertised:
(7)(d)(i) carries on hours of operation on the premise comparable to the normal industry practice for a business, service, or operation of that type, or posts the hours of operation on the premise in public view;
(7)(d)(ii) has available utilities comparable to the normal industry practice for an entity of that type; and
(7)(d)(iii) has a current valid business license or permit under applicable local ordinances, state law, and federal law to conduct business on the premise upon which the sign is located;
(7)(e) whether the advertisement is located on the site of any auxiliary facility that is not essential to, or customarily used in, the ordinary course of business for the activities, services, events, persons, or products being advertised; or
(7)(f) whether the sign or advertisement is located on property that is not contiguous to a property that is essential and customarily used for conducting the business of the activities, services, events, persons, or products being advertised.
(8) The following do not qualify as a business under Subsection (7):
(8)(a) public or private utility corridors or easements;
(8)(b) railroad tracks;
(8)(c) outdoor advertising signs or structures;
(8)(d) vacant lots;
(8)(e) transient or temporary activities; or
(8)(f) storage of accessory products.
(9) The sign owner has the burden of proving, by a preponderance of the evidence, that the advertised activity is conducted on the premise.
(10)
(10)(a)
(10)(a)(i) After issuing a written warning for a first offense of Subsection (1)(b) or (e), the department may issue a citation to a person who has violated Subsection (1)(b) or (e).
(10)(a)(ii) If the department issues a citation as described in Subsection (10)(a)(i), the department may impose a fine not to exceed $500.
(10)(a)(iii) A fine imposed under Subsection (10)(a)(ii) shall be deposited in the Transportation Fund.
(10)(b) If the department has issued two or more notices of violation of or a citation for a violation of Subsection (1)(b) or (e) for an existing sign within the last three years, the department may bring an action to enforce in any state court of competent jurisdiction against a person, firm, or corporation that satisfies one or more of the following prerequisites:
(10)(b)(i) has a present ownership interest in the sign;
(10)(b)(ii) had an ownership interest in the sign on one or more of the days the sign was in violation of Subsection (1)(b) or (e);
(10)(b)(iii) has a present ownership interest in the property upon which the sign is located, or in a unified commercial development as defined in Section 72-7-504.6;
(10)(b)(iv) had an ownership interest in the property upon which the sign is located, or in a unified commercial development as defined in Section 72-7-504.6, on one or more of the days the sign was in violation of Subsection (1)(b) or (e);
(10)(b)(v) received or became entitled to receive compensation in any form for the unlawful outdoor advertising; or
(10)(b)(vi) solicited the advertising.
(10)(c) In an action under Subsection (10)(b):
(10)(c)(i) the provisions of Subsections (7) and (8) apply; and
(10)(c)(ii) the defendants have the burden of proving, by a preponderance of the evidence, that the advertising in question is lawful under this part.
(10)(d) If the department is granted judgment in an action under this Subsection (10), the department is entitled to recover from the defendants, jointly and severally, $1,500 for each day on which the sign was used for unlawful off-premises outdoor advertising.
(10)(e)
(10)(e)(i) Subject to Subsection (10)(e)(ii), for purposes of calculating the number of days on which the sign was used for unlawful off-premises outdoor advertising as described in Subsection (10)(d), the department shall count each day that the sign was maintained after the first notice of agency action was filed and served under Section 63G-4-201.
(10)(e)(ii) For purposes of calculating the number of days on which the sign was used for unlawful off-premises outdoor advertising as described in Subsection (10)(d), if a sign was modified, removed, disabled, or relocated after the receipt of notice of violation, and thereafter, prior to judgment, was reinstalled, relocated, substituted, or reactivated in an unlawful manner, the department shall count each day that the sign was maintained after the first notice of agency action was filed and served under Section 63G-4-201.
(10)(e)(iii) The calculations described in Subsections (10)(e)(i) and (ii) are only applicable for actions taken for violations of this Subsection (10) for which:
(10)(e)(iii)(A) the owner of the sign was never issued an off-premise outdoor advertising permit; and
(10)(e)(iii)(B) at least one condition described in Subsection (7) exists.