§ 136-128. Definitions.

§136‑128.  Definitions.

As used in this Article:

(1)        "Erect"means to construct, build, raise, assemble, place, affix, attach, create,paint, draw, or in any other way bring into being or establish.

(1a)      "Illegalsign" means one which was erected and/or maintained in violation of Statelaw.

(1b)      "Informationcenter" means an area or site established and maintained at safety restareas for the purpose of informing the public of places of interest within theState and providing such other information as the Department of Transportationmay consider desirable.

(2)        "Interstatesystem" means that portion of the National System of Interstate andDefense Highways located within the State, as officially designated, or as mayhereafter be so designated, by the Department of Transportation, or otherappropriate authorities and are also so designated by interstate numbers. As tohighways under construction so designated as interstate highways pursuant tothe above procedures, the highway shall be a part of the interstate system forthe purposes of this Article on the date the location of the highway has beenapproved finally by the appropriate federal authorities.

(2a)      "Nonconformingsign" shall mean a sign which was lawfully erected but which does notcomply with the provisions of State law or State rules and regulations passedat a later date or which later fails to comply with State law or State rules orregulations due to changed conditions. Illegally erected or maintained signsare not nonconforming signs.

(3)        "Outdooradvertising" means any outdoor sign, display, light, device, figure,painting, drawing, message, plaque, poster, billboard, or any other thing whichis designed, intended or used to advertise or inform, any part of theadvertising or information contents of which is visible from any place on themain‑traveled way of the interstate or primary system, whether the samebe permanent or portable installation.

(4)        "Primarysystems" means the federal‑aid primary system in existence on June1, 1991, and any highway which is not on that system but which is on theNational Highway System. As to highways under construction so designated asprimary highways pursuant to the above procedures, the highway shall be a partof the primary system for purposes of this Article on the date the location ofthe highway has been approved finally by the appropriate federal or Stateauthorities.

(5)        "Safety restarea" means an area or site established and maintained within or adjacentto the highway right‑of‑way by or under public supervision orcontrol, for the convenience of the traveling public.

(6)        "Statelaw" means a State constitutional provision or statute, or an ordinance,rule or regulation enacted or adopted by a State agency or politicalsubdivision of a State pursuant to a State Constitution or statute.

(7)        "Unzonedarea" shall mean an area where there is no zoning in effect.

(8)        "Urbanarea" shall mean an area within the boundaries or limits of anyincorporated municipality having a population of five thousand or more asdetermined by the latest available federal census.

(9)        "Visible"means capable of being seen (whether or not legible) without visual aid by aperson of normal visual acuity. (1967, c. 1248, s. 3; 1973,c. 507, s. 5; 1975, c. 568, ss. 1‑4; 1977, c. 464, s. 7.1; 1997‑456,s. 27; 1999‑404, s. 7; 2000‑101, s. 1.)