39-205 Informational signs; business signs; posted by department; costs and fees; disposition; notice of available space.
39-205. Informationalsigns; business signs; posted by department; costs and fees; disposition;notice of available space.(1) Applicants for businesssigns shall furnish business signs to the Department of Roads and shall payto the department an annual fee for posting each business sign and the actualcost of material for, fabrication of, and erecting the specific informationsign panels where specific information sign panels have not been installed.(2) Upon receipt of the business signs and the annual fee,the department shall post or cause to be posted the business signs where specificinformation sign panels have been installed. The applicant shall not be requiredto remove any advertising device to qualify for a business sign except anyadvertising device which was unlawfully erected or in violation of section 39-202, 39-203, 39-204, 39-205, 39-206, 39-215, 39-216, or 39-220, any ruleor regulation of the department, or any federal rule or regulation relatingto informational signs. The specific information sign panels and businesssigns shall conform to the requirements of the Federal Beautification Actand the Manual on Uniform Traffic Control Devices adopted pursuant to section 60-6,118.(3) All revenue received for the posting or erecting of businesssigns or specific information sign panels pursuant to this section shall bedeposited in the Highway Cash Fund, except that any revenue received fromthe annual fee and for posting or erecting such signs in excess of the state'scosts shall be deposited in the General Fund.(4) For purposes of this section, unless the context otherwiserequires:(a) Business sign means asign displaying a commercial brand, symbol, trademark, or name, or combinationthereof, designating a motorist service. Business signs shall be mounted ona rectangular information panel; and(b) Specific information sign panel means arectangular sign panel with:(i) The word gas, food, attraction, lodging,or camping;(ii) Directional information; and(iii) One or more business signs.(5) The department shall provide notice of space availablefor business signs on any specific information sign panel at least ninetydays prior to accepting or approving the posting of any business sign. SourceLaws 1975, LB 213, § 10; Laws 1987, LB 741, § 2; R.S.1943, (1988), § 39-634.02; Laws 1993, LB 370, § 23; Laws 1995, LB 264, § 4; Laws 2010, LB926, § 2.Effective Date: July 15, 2010