ยง445-113 - Regulation by counties.
ยง445-113ย Regulation by counties.ย
Except for outdoor advertising devices authorized under section 445-112(16) and
(17), the several counties may adopt ordinances regulating billboards and
outdoor advertising devices not prohibited by sections 445-111 to 445-121.ย The
ordinances may:
(1)ย Classify billboards and outdoor advertising
devices in the classes set forth in section 445-112, or in any other reasonable
manner of classification;
(2)ย Regulate the size, manner of construction, color,
illumination, location, and appearance of any class of billboard or outdoor
advertising device;
(3)ย Prohibit the erection or maintenance of any type
of billboard or the displaying of any outdoor advertising device in particular
parts, or in all parts, of the county; provided that the prohibition shall not
apply to any official notice or sign described in section 445-112(1); and
provided further that, unless a county ordinance specifies otherwise, the
prohibition shall extend to billboards or outdoor advertising devices located
in the airspace or waters beyond the boundaries of the county that are visible
from any public highway, park, or other public place located within the county;
(4)ย Control and license the business of making,
erecting, posting, renting, and maintaining outdoor advertising devices and
billboards as a business providing advertising for others, and require each
person engaging in such business to obtain an annual license, the fee for which
shall not exceed $100.ย The license shall be conditioned upon the maintenance
of all outdoor advertising devices and billboards in a safe state, and the
observance of sections 445-111 to 445‑121 and all applicable ordinances
and shall be revocable by the licensing authority upon breach of such
condition;
(5)ย Require that no person, whether licensed under
paragraph (4) or not, shall erect or maintain any billboard unless it is
licensed by a permit issued by the county, the issuance of which permit shall
be conditioned upon compliance with this chapter and all applicable ordinances
and the payment to the county of an annual fee not to exceed $25 per billboard;
and
(6)ย Provide for such other regulation of billboards
and outdoor advertising devices as will promote the public health, welfare,
safety, and convenience; encourage and promote the tourist and visitor trade;
conserve and develop the natural beauty of the State, as well as objects and
places of historic and cultural interest; foster sightliness and physical good
order; and promote the purposes and provisions of sections 445‑111 to
445-121. [L 1965, c 233, pt of ยง1; Supp, ยง155-122; HRS ยง445-113; am L 1986, c
245, ยง2; am L 2005, c 188, ยง1]