As used in this article, the following terms
shall have the meanings indicated:
RIGHT-OF-WAY
Includes the entire legal width between the boundary lines
of any public highway, as defined in RSA 229:1, and is not limited
to the portion of that width which has been improved for public travel.
SIGN
Includes any sign, signal, device, flag, marking, painting,
spray painting or any other item or representation which contains
writing, pictures, logos or other symbols which are intended to, or
do, convey information to viewers. The term includes the sign surface,
pole, post, supporting structures, anchoring or suspension lines,
or any other thing appurtenant to or accessory to the conveyance of
the information.
No person shall erect, place, leave, maintain,
draw, paint or display any sign within or upon the right-of-way of
any Class IV, V or VI public highway or sidewalk in the City of Lebanon,
if said sign:
A. Purports to be, or is an imitation of, or resembles
any official traffic control device, sign or signal, or which hides
from view or interferes with the effectiveness or any official sign,
device or signal, or which attempts to direct the movement of traffic,
or which otherwise in any respect violates RSA 265:14, I; or
B. Contains any commercial advertising, in violation
of RSA 265:14, II, or which is otherwise intended to, or does, convey
any commercial message; or
C. Announces, advertises, or attempts to induce the viewer's
attendance at, or participation in, any event, transaction or service,
whether commercial, personal, nonprofit or otherwise, which is occurring,
or is expected in the future to be occurring, elsewhere; or
D. Which, even if not falling within Subsection
A,
B or
C above, is affixed, anchored or attached in any way to any structure within the right-of-way, including but not limited to light poles, curbing, retaining walls, utility poles or structures, signposts, or buildings, or which is drawn or painted upon, or otherwise is affixed to or defaces any such structure or any improved or unimproved surface within the right-of-way.
The following are excepted from the prohibition in this §
152-32, above:
A. Political advertising, as defined in RSA 664:2, is permitted to be
located on public highways if and only if in accordance with RSA 664:14
through RSA 664:17, all other applicable laws or regulations including
the provisions below:
(1) Political advertising may only be placed within public highways 30
days prior to the election in which the measure or elected office
is being acted upon.
(2) Political advertising may not be placed on traffic islands or other
portions of public highways that are designated as part of the City's
Beautification Program designated by the City Manager.
B. Any activity properly licensed by the City to take place on public highways, including street vendors under City of Lebanon Code Chapter
179, street fairs under RSA 31:100, or parades licensed under RSA Ch. 286 may include signs relating to the licensed activity, to the extent permitted by the respective licensing authority.
C. The prohibition in this article shall not apply to official signs
and devices properly erected by agents of the City itself for purposes
of directing and controlling traffic, or other valid public safety
or welfare purpose.
D. The prohibition in this article shall not apply to leaflets or placards
held at all times by a human being, or to messages or information
printed on clothing or other items worn by a human being, so long
as said persons are not interfering with traffic and are not in violation
of any other laws or ordinances.
E. The prohibition in this article shall not apply to signs painted on or otherwise affixed to motor vehicles being operated upon public highways; provided, however, that vehicles which have commercial signs painted on or otherwise attached to them shall not remain or be parked for more than three hours at any one location on any public highway right-of-way in the City, unless said vehicle is being actively used at that location for some business purpose other than parking or advertising, including, but not limited to, loading, unloading or utility installation or repair, and is not in violation of any other laws or ordinances. The three-hour time restriction in this subsection shall be in addition to other restrictions such as those contained in City of Lebanon Code Chapter
168.
F. The prohibition in this article shall not apply to sandwich board
signs permitted under Section 608.6(A)(5) of the Zoning Ordinance, which are located on public sidewalks in the Central Business
and Lebanon Downtown Districts only, and are otherwise in conformity
with that section and all other applicable ordinances and regulations,
nor to promotional banners under Section 608.2(A)(2) of the Zoning
Ordinance which are explicitly permitted by the City Licensing Board.
G. The prohibition in this article shall not apply to signs which announce
and give directions to yard sales which are in compliance with Section
207 of the Lebanon Zoning Ordinance; provided, however, that:
(1) No such sign shall exceed four square feet in area;
(2) There shall be no more than a total of three signs for any one yard
sale;
(3) The date(s) of the yard sale shall be written on each sign;
(4) The exception in this subsection shall apply only upon the actual
date of such a yard sale and the date prior to the yard sale; and
(5) City authorities may remove or relocate any such sign which impedes
traffic or visibility, or otherwise impairs the safety and convenience
of the traveling public.
H. The prohibition in this article shall not apply to temporary directional
signs advertising residential property for sale and located in the
public right-of-way, provided that:
(1) There shall be no more than two directional signs placed at the nearest
street intersections, in each direction, to the property for sale;
(2) Each sign shall not exceed four square feet in area;
(3) The signs shall be removed upon completion of the transaction; and
(4) City authorities may remove or relocate any such sign which impedes
traffic or visibility, or otherwise impairs the safety and convenience
of the traveling public.
Any person violating this article shall be guilty
of a violation for each day or portion thereof during which a sign
remains in a place or in a manner prohibited by this article. In addition,
the violator shall be liable to the City in restitution for the City's
costs of removal, storage of and accounting for the sign, and of restoring
the highway, sidewalk or right-of-way. The City may, alternatively
or in addition, apply to a court for equitable relief requiring the
violator to remove the sign and restore the public highway, sidewalk
or right-of-way.
The restrictions in this article shall also
apply to state highways outside the urban compact areas of Lebanon,
to any extent that the enforcement of such regulations, or of similar
statutory restrictions, is validly delegated to the City by the NH
Department of Transportation.