54-21-102 - Chapter definitions.
54-21-102. Chapter definitions.
As used in the chapter:
(1) Adjacent area means that area within six hundred sixty feet (660¢) of the nearest edge of the right-of-way of interstate and primary highways and visible from the main traveled way of the interstate or primary highways;
(2) Changeable message sign means an off-premise advertising device that displays a series of messages at intervals by means of digital display or mechanical rotating panels;
(3) Commissioner means the commissioner of transportation;
(4) Customary maintenance means maintenance of a nonconforming outdoor advertising device, which may include, but shall not exceed, the replacement of the sign face and stringers in like materials, and the replacement in like materials of up to fifty percent (50%) of the device's poles, posts or other support structures; provided, that the replacement of any poles, posts or other support structures is limited to one (1) time within a twenty-four-month period;
(5) Destroyed means, with respect to a nonconforming outdoor advertising device, that more than fifty percent (50%) of the device's poles, posts or other support structures are damaged to the extent that they will no longer support the sign face;
(6) Digital display means a type of changeable message sign that displays a series of messages at intervals through the electronic coding of lights or light emitting diodes or any other means that does not use or require mechanical rotating panels;
(7) Erect means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish, but does not apply to changes of copy treatment on existing outdoor advertising;
(8) Information center means an area or site established and maintained at a safety rest area for the purpose of informing the public of places of interest within this state and providing other information the commissioner may consider desirable;
(9) Interstate system means that portion of the national system of interstate and defense highways, located within this state, as officially designated, or as may hereafter be designated, by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code;
(10) Main traveled way means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. Main traveled way does not include such facilities as frontage roads, turning roadways, or parking areas;
(11) Nonconforming means an outdoor advertising device that does not conform to the zoning, size, lighting or spacing criteria established by and in accordance with either the current agreement entered into between the commissioner and the secretary of transportation of the United States, or in accordance with the original agreement entered into on or about November 11, 1971, as authorized in § 54-21-116. Any outdoor advertising device that continues to conform to either the current agreement or the original agreement as provided in § 54-21-116 shall not be considered nonconforming;
(12) Outdoor advertising means any outdoor sign, display, device, bulletin, figure, painting, drawing, message, placard, poster, billboard or other thing that is used to advertise or inform, any part of the advertising or informative contents of which is located within an adjacent area and is visible from any place on the main traveled way of the state, interstate, or primary highway systems;
(13) Person means and includes an individual, a partnership, an association, a corporation, or other entity;
(14) Primary system means that portion of connected main highways, located within this state, as officially designated, or as may hereafter be designated by the commissioner, and approved by the secretary of transportation of the United States, pursuant to title 23 of the United States Code;
(15) Safety rest area means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public;
(16) State system means that portion of highways located within this state, as officially designated, or as may hereafter be designated by the commissioner; and
(17) Traveled way means the portion of a roadway for the movement of vehicles, exclusive of shoulders.
[Acts 1972, ch. 655, § 2; impl. am. Acts 1972, ch. 829, § 7; T.C.A., § 54-2602; Acts 1980, ch. 470, §§ 1, 2; 2007, ch. 76, § 1; 2007, ch. 427, §§ 1, 2; 2008, ch. 1155, § 1.]