CHAPTER 262

SENATE SUBSTITUTE NO. 1

FOR

FORMERLY

SENATE BILL NO. 253

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 11, TITLE 17, DELAWARE CODE, PROVIDING FOR CHANGES TO BRING DELAWARE LAW INTO CONFORMANCE WITH FEDERAL GUIDELINES RELATIVE TO REGULATION OF OUTDOOR ADVERTISING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §1102 (b)(1), Chapter 11, Title 17, Delaware Code by placing a comma "," at the end of the sentence in lieu of the "." and adding thereto the following:

"which is within 660 feet and visible or beyond 660 feet and visible and erected with the purpose of being read from the main traveled way of any State highway."

Section 2. Amend §1102 (b)(4), Chapter 11, Title 17, Delaware Code by striking paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows:

"(4) 'Controlled areas' means and includes any area inside the boundaries of this State which is adjacent to the right of way of a highway of the Interstate or Primary Systems, except that areas beyond 660 feet of the right of way inside urban areas shall be excluded from the provisions of this Chapter."

Section 3. Amend §1102 (b)(6), Chapter 11, Title 17, Delaware Code by deleting the word "Safety" and capitalizing the word "West".

Section 4. Amend §1102 (b)(7), Chapter 11, Title 17, Delaware Code by deleting the word "Safety" wherever it appears.

Section 5. Amend §1102 (b)(11), Chapter 11, Title 17, Delaware Code by deleting the period "." and in its place insert ", except that those areas beyond 660 feet outside urban areas shall not be recognized as commercial, industrial, unzoned commercial or unzoned industrial in the application of the provisions of this Chapter."

Section 6. Amend §1102 (b), Chapter 11, Title 17, Delaware Code by adding the following new definitions:

"(13) 'Department' means the Department of Transportation.

as such by the Bureau of the Census and whose boundaries have been approved by the Secretary of the United States Department of Transportation.

(15) 'Maintain' means to allow to exist in accordance with State law."

Section 7. Amend §1103, Chapter 11, Title 17, Delaware Code by deleting existing "(c)" in its entirety and"relettering existing (d) to (c).

Section 8. Amend §1104 (b), Chapter 11, Title 17, Delaware Code by inserting the following after the first sentence:

"For the purpose of this subsection, each single sign panel or face shall be interpreted as constituting an outdoor advertising sign, display, or device."

Section 9. Amend §1104 (d), Chapter 11, Title 17, Delaware Code by inserting the word "thereof." immediately after "renewals".

Section 10. Amend §1104 (e), Chapter 11, Title 17, Delaware Code by inserting the word "thereof" immediately after "renewal".

Section 11. Amend §1105, Chapter 11, Title 17, Delaware Code by deleting all sentences therefrom except for the first sentence.

Section 12. Amend §1107 (b), Chapter 11, Title 17, Delaware Code by deleting the words "an advertisement" and substituting therefor

the following words "any outdoor advertising, outdoor advertising signs, displays or devices".

Section 13. Amend §1108 (a), Chapter 11, Title 17, Delaware Code by inserting the words ", official sign or notice" immediately after the words "warning sign" as it appears in this subsection.

Section 14. Amend §1108 (b), Chapter 11, Title 17, Delaware Code by inserting the words ", official sign or notice" immediately after the words "warning sign" as it appears in this subsection.

Section 15. Amend §1108 (c), Chapter 11, Title 17, Delaware Code by deleting all wording after "Instruction" and placing a "." after "Instruction".

Section 16. Amend §1110 (b)(2), Chapter 11, Title 17, Delaware Code by deleting the word "safety" wherever it may appear therein.

Section 17. Amend §1114, Chapter 11, Title 17, Delaware Code by inserting 41103 (a)(2)" in lieu of 41104 (a)(2)".

Section 18. Amend §1114 (1), Chapter 11, Title 17, Delaware Code by inserting 41108 and §1109" in lieu of 41109".

Section 19. Amend §1121 (7), Chapter 11, Title 17, Delaware Code

by taking the second sentence from its present location and making it a separate and second paragraph of this subsection.

Section 20. Amend §1121 (7), Chapter 11, Title 17, Delaware Code by insering 41103" in place of 41104".

Section 21. Amend §1121 (7), Chapter 11, Title 17, Delaware Code by deleting the figure "30" as it appears therein and substituting the figure "32" in its place.

Section 22. Amend §1123, Chapter 11, Title 17, Delaware Code by deleting the word "safety" wherever it appears in this section.

Section 23. Amend §1125 by adding a new paragraph to read as follows:

"The Department may accept allotment of funds by the United States, or any department or agency thereof, authorized by the Federal-Aid Highway Act of 1958, or any subsequent legislation supplementary to or amending such act, in connection with any agreement entered into by the Department and the Secretary of Transportation of the United States relating to the control of outdoor advertising in controlled areas adjacent to the Interstate and/or Primary System."

Section 24. Amend Chapter 11, Title 17, Delaware Code by adding a new Section 1126 to read as follows:

§1126. Relationship of this Subchapter to other provisions of this Chapter

The provisions of this Subchapter relating to the regulation of outdoor advertising in controlled areas are in addition to, and not in lieu of, the provisions of Subchapter I of this Chapter."

Section 25. Amend Chapter 11, Title 17, Delaware Code by adding a new Section 1127 to read as follows:

§1127. Separability

The provisions of this Chapter are declared to be separable; and should any word, phrase, sentence, section or particular application thereof be declared unconstitutional or otherwise invalid, the remainder of such provisions and the other applications thereof shall not thereby be affected, but shall remain in full force and effect."

Approved May 5, 1978.