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Introduced Version Senate Bill 364 History

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Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 364

(By Senator Beach)

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[Introduced January 16, 2014; referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.]

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A BILL to amend and reenact §17-19-1 of the Code of West Virginia, 1931, as amended, relating to roads and highways; signs prohibited on the right-of-way of public roads or highways; and providing that signs for candidacy for public office are not prohibited.

Be it enacted by the Legislature of West Virginia:

    That §17-19-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 19. GENERAL CRIMINAL PROVISIONS.

§17-19-1. Prohibited signs, etc.; removal at owner's expense.

    No person shall may paint, mark, post, tack, nail, or otherwise affix any sign, advertisement, notice, picture, drawing, emblem, poster, printing, or writing, other than those placed and maintained in pursuance of law, on or to any stone, rock, tree, fence, stump, post, pole, building, or other structure, which is in or upon the right-of-way of any public road or highway, including the road or highway itself, except that the commissioner may provide for suitable road signs, danger signals and other signs of informational nature. No such sign or other marking shall may be suspended over the right-of-way of any public road or highway. These prohibitions include, but are not limited to, such devices which are intended to invite or draw attention of the public to the candidacy of any person for any public office; and any such device which exists in violation of the provisions of this section shall constitute prima facie evidence that the person whose candidacy appears thereon violated this section: Provided, That devices which are intended to invite or draw attention of the public to the candidacy of any person for any public office are not prohibited or affected by this section: Provided, however, That the installation and/or maintenance of newspaper, postal or mailboxes shall may not be prohibited or affected by this section.

    Any person violating this section, whether as principal, agent, or employee, shall be is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $100; and such that person shall be deemed is guilty of a separate offense for each day during any portion of which any violation of this section is committed or continued. Every such prohibited sign or other marking is hereby declared to be a public nuisance. Upon receiving notice of any violation of this section, the commissioner shall cause the prohibited sign or other marking to be removed within ten days and shall cause the appearance of the property on which it was affixed to be restored, as near as may be practicable, to its condition immediately before such violation occurred. The commissioner shall, in the name of the state, recover from the persons who hereafter violate this section the amounts expended by the state in removing the sign or other marking and in restoring the appearance of the property on which it was affixed.

    The commissioner is empowered to may remove any such prohibited sign or other marking in place upon or over any road taken over by him or her for construction or maintenance.

 

 

    NOTE: The purpose of this bill is to provide that signs for candidacy for public office are not prohibited roads and highways rights-of-way.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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