Report Title:

Advertising; Mobile Billboards; Prohibition

 

Description:

Amends the restrictions on the use of mobile billboards and provides for penalties. Exempts businesses using advertising devices used in the daily function of the business. (SD1)

 


THE SENATE

S.B. NO.

1091

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MOBILE BILLBOARDS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. The purpose of this Act is to close a loophole used to circumvent existing regulations governing outdoor advertising, including the State's longstanding prohibition on off-site commercial advertising, which has been in place for more than seventy-five years. The loophole has emerged because the current regulations are being interpreted to allow commercial businesses to place temporary banners and other advertising devices on vehicles and trailers that would be prohibited if they were placed on fixed locations. This Act is not intended to prohibit a business from placing on its vehicles any signs that refer to the function of the business, products, or services offered by the business.

The State has a substantial interest in traffic safety and aesthetics, and fulfilling the responsibility stated in article XI, section 1, of the Constitution of the State of Hawaii, which provides that: "For the benefit of the present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources . . ."

SECTION 2. Section 445-112.5, Hawaii Revised Statutes, is amended as follows:

1. By amending its title and subsection (a) to read:

"[[]445‑112.5[] Vehicular advertising] Mobile billboards prohibited; penalty. (a) It is unlawful for any person to operate or park, or cause to be operated or parked, on any street, roadway, or other public place, or on any private property that can be seen from any street, roadway, or other public place, any vehicle or trailer carrying [a vehicular] or displaying an advertising device for consideration or any other economic benefit [if the vehicle or trailer is used primarily to display a vehicular advertising device. The phrase "for consideration or any other economic benefit" shall not include any benefit derived by the owner or operator of the vehicle or trailer from the effect of the advertising.]; provided that this prohibition shall not apply to vehicles or trailers that are actively used in the daily function of the business when the advertising on the advertising device relates to that business. For the purposes of this section, "economic benefit" shall not include any benefit such as increased business or commercial name recognition derived by the owner of the vehicle or trailer from an advertising device that advertises the business in whose daily function the vehicle or trailer is actively used."

2. By amending subsection (d) to read:

"(d) As used in this section:

"Trailer" means a vehicle or conveyance with or without motive power designed to be pulled or propelled by a vehicle or other form of power.

"[Vehicular advertising] Advertising device" means any sign, writing, picture, poster, painting, notice, bill, model, display, symbol, emblem, or similar device, which is so designed that it draws the attention of persons in any public street, roadway, or other public place."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2015.