CHAPTER 290

FORMERLY

HOUSE BILL NO. 630

AN ACT TO AMEND SUBCHAPTER 1, CHAPTER 11, TITLE 17, DELAWARE CODE, RELATING TO REGULATIONS OF OUTDOOR ADVERTISING.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §1102(b)(4), Title 17, Delaware Code, by deleting present definition and substituting the following:

"(4) A 'controlled area' shall mean, and 'controlled areas' shall include, any area inside the boundaries of this State which is adjacent to and (a) within 660 feet of the edge of the right-of-way of a highway of the Interstate system or the Primary system within the urban area and (b) beyond 660 feet of the edge of the right-of-way of the system, visible from the main traveled way of the system and erected with the purpose of their message being read from such main traveled way outside the urban area."

Section 2. Amend §1110(b) (1) (B), Title 17, Delaware Code, by deleting it in its entirety and substituting the following:

"(B). The area of the sign shall be computed by the sign maker utilizing the most practical method which encompasses the entire sign and this data shall be submitted to the Division of Highways upon application for permit."

Section 3. Amend §1105, Chapter 11, Title 17, Delaware Code, by deleting in the first sentence everything following the word ",and," and substituting in its place the following:

"upon erection shall bear the name of the party responsible for the erection and maintenance of the sign and the Department shall make provisions for the details thereof."

Section 4. Amend §1111, Chapter 11, Title 17, Delaware Code, be deleting "6 months" and substituting in lieu thereof "thirty days".

Section 5. Amend §1111, Chapter 11, Title 17, Delaware Code, by designating the existing section as subsection "(a)" and adding a new subsection to read as follows:

"(b) Any person, business, or company which knowingly paints, builds, and erects or maintains an outdoor advertising sign without a permit shall be in violation of the Delaware Code."

Section 6. Amend §1114, Chapter 11, Title 17, Delaware Code, by deleting (1) in its entirety and substituting in lieu thereof the following:

"(1) A sign erected or maintained upon property to identify a business conducted thereon and is placed on the premises, except when the sign area exceeds 30 square feet it shall be subject to all setback requirements specified in § 1109."