House Bill 202

AN ACT TO AMEND SECTION 49-23-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT OUTDOOR ADVERTISING PROMOTING OR MARKETING THE PURCHASE OF BEER, LIGHT WINE OR ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS OR FOOD OR BEVERAGES OFFERED FOR SALE AT FAST FOOD RESTAURANTS IN CERTAIN AREAS WITH HIGH RATES OF CRIME AND VIOLENCE, UNDERPERFORMING SCHOOLS AND A LOW INCIDENCE OF OWNER-OCCUPIED HOUSING; TO PROHIBIT OUTDOOR ADVERTISING WITHIN 500 FEET OF CERTAIN OTHER AREAS; TO ALLOW PERSONS SEEKING TO ADVERTISE THOSE PRODUCTS WITHIN RESTRICTED AREAS TO APPLY FOR AN EXEMPTION FROM THE MUNICIPALITY OR COUNTY IN WHICH THE ADVERTISING WOULD BE LOCATED; TO ESTABLISH THE CRITERIA TO BE USED IN DETERMINING WHETHER OR NOT TO ALLOW AN EXEMPTION; TO AUTHORIZE A MUNICIPALITY OR COUNTY TO REQUIRE A PERMIT AND A REASONABLE FEE FOR ANY EXEMPTION GRANTED; TO EXEMPT CERTAIN PUBLIC SERVICE ANNOUNCEMENTS FROM THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 49-23-5, Mississippi Code of 1972, is amended as follows:

49-23-5. (1) No outdoor advertising shall be erected or maintained within six hundred sixty (660) feet of the nearest edge of the right-of-way and visible from the main-traveled way of a state controlled route, except the following:

(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, as authorized or required by law;

(b) Signs, displays and devices advertising the sale or lease of property upon which they are located;

(c) Signs, displays and devices advertising the principal activities conducted on the property upon which they are located;

(d) Outdoor advertising signs, displays and devices located in areas which are zoned industrial or commercial as defined in Section 49-23-3;

(e) Outdoor advertising signs, displays and devices located in unzoned commercial or industrial areas as defined in Section 49-23-3; and

(f) Signs, displays and devices which locate, identify, mark or warn of the presence of pipelines, utility lines or rail lines and appurtenances thereto, including, but not limited to, markers used in maintenance, operation, observation and safety.

(2) No outdoor advertising shall be erected at or beyond six hundred sixty (660) feet of the nearest edge of the right-of-way outside of urban areas, with the purpose of their message being read from the main-traveled ways of state controlled routes, except the following:

(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices, pertaining to natural wonders, scenic and historic attractions, as authorized or required by law;

(b) Signs, displays and devices advertising the sale or lease of property upon which they are located;

(c) Signs, displays and devices advertising the principal activities conducted on the property upon which they are located.

(3) Signs lawfully in existence on October 22, 1965, as determined by the commission, subject to the concurrence of the United States Secretary of Transportation, to be landmark signs of historic or artistic significance, including signs on farm structures or natural surfaces, the preservation of which would be consistent with the purposes of this section, are not required to be removed.

(4) No outdoor advertising shall be erected along or adjacent to a scenic byway as defined in Section 49-23-3.

(5) No outdoor advertising shall be erected contrary to the restrictions in Section 7 of Section 65-3-137.

(6) The board of supervisors of the county, for an outdoor advertising sign that is located outside the corporate limits of any incorporated municipality, and the governing authorities of a municipality, for an outdoor advertising sign that is located within the corporate limits of the municipality, may prohibit any outdoor advertising sign that contains any message or depiction of a sexually explicit nature.

(7) (a) Outdoor advertising promoting, marketing or in any way encouraging the purchase of beer, light wine or alcoholic beverages, tobacco products or food or beverages offered for sale at fast food restaurants may not be erected on any public or private property in the following locations:

(i) Areas with high rates of crime and violence, as determined by the Mississippi Department of Public Safety;

(ii) Areas with an underperforming school, as determined by the Mississippi Department of Education; or

(iii) Areas with a low incidence of housing that is owner-occupied, as determined by the Mississippi Development Authority.

(b) A person may not erect or maintain any outdoor advertising of an alcoholic beverage, tobacco product or fast food product within five hundred (500) feet of any public playground, private playground, playground area in a public park, elementary school or secondary school, place of worship or child care facility, unless a county or municipality has granted the person an exemption under paragraph (c).

(c) The board of supervisors of a county, for an outdoor advertising sign that is located outside the corporate limits of any incorporated municipality, and the governing authorities of a municipality, for an outdoor advertising sign that is located within the corporate limits of the municipality, may grant an exemption to the prohibition set forth in paragraph (b), if the applicant demonstrates that the five hundred (500) foot limit denies the applicant a reasonable opportunity to communicate truthful information regarding alcoholic beverages, tobacco products or fast food to adult consumers where the proposed advertisement is to be placed. In determining whether the applicant has been denied that opportunity, the county or municipality, as the case may be, may consider:

(i) Potential locations for outdoor advertising which are outside the five hundred (500) foot limit and the percentage of the adult population residing or working in the area;

(ii) The availability and relative cost of other forms of advertising to reach adult audiences; (iii) The extent to which adults within the area are familiar with the applicant's alcoholic beverage products, tobacco products or fast food products;

(iv) Any local ordinances or codes pertaining to advertising practices with which the applicant voluntarily has agreed to comply; and

(v) Any other relevant evidence.

(d) For any exemption granted under paragraph (c) of this subsection, the county or municipality in which the advertisement is to be erected may require a permit to be obtained and the payment of a reasonable permit fee in addition to the fee imposed under Section 49-23-11.

(8) Nothing in this section may be construed as prohibiting the display of public service messages that are designed to communicate the hazards of alcoholic beverages, tobacco products or fast food products or to encourage minors to refrain from consuming or purchasing these products; however, a public service message that is made in conjunction with the display of a representation, image, device, slogan, brand name or product name used for marketing or promoting these products is prohibited.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.