reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.765 - Changing boundaries when assessments to be levied under ORS 376.735; notice; objections.

(1) If assessments are to be levied as contemplated by ORS 376.735, then at the hearing the legislative body may change the boundaries of the proposed district by adding thereto land which in its opinion will be benefited by the establishment of the pedestrian mall or by excluding from the district lands which in its opinion will not be so benefited. If the legislative body proposes any such change it shall take proceedings as required by this section and shall continue the hearing to the time fixed for hearing objections to the proposed change.
(2) No such change shall be made except after notice of intention to do so, given by at least one insertion in the newspaper in which the resolution of intention was published, describing the proposed change and specifying the time for hearing objections, which shall not be less than 30 days after publication of the notice. If the change proposed is one to include additional land in the district, a copy of such notice shall be mailed to each person to whom land proposed to be added is assessed as shown on the last equalized assessment roll, at the address of the person as shown on such roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any such lands whose name and address and a designation of the land in which the person is interested is on file in the office of the county clerk. Such notice shall be mailed at least 25 days prior to the time set for hearing objections.
(3) Written objection to any proposed changes may be filed with the city recorder at any time up to the hour fixed for hearing objections to such changes. [1961 c.666 §18]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.770 - Allowing claims for damages; payment.

(1) At the hearing on the resolution of intention the legislative body may allow any claim for damages made pursuant to ORS 376.755 (2). Any such allowance shall be for the full amount of damages claimed in the written claim except that the legislative body, with the written consent of the claimant, may allow a claim for a lesser amount.
(2) The right of any claimant to payment of the amount of any allowed claim shall be contingent upon the final establishment of the pedestrian mall but all allowed claims must be paid by the city, from such source as the legislative body may determine, before vehicular traffic is prohibited, in whole or in part, on the pedestrian mall, pursuant to ORS 376.705 to 376.825. [1961 c.666 §20]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.775 - Hearing objections, claims and protests; waiver; decision; continuations.

(1) At the hearing all objections and protests shall be heard and considered, and all claims shall be heard and considered.
(2) Any objections or protests, whether to the things proposed by the resolution of intention or to any changes proposed pursuant to ORS 376.765, not made at the time and in the manner provided by ORS 376.705 to 376.825 are deemed voluntarily waived, and the proceedings under ORS 376.705 to 376.825 shall not be attacked on any ground not stated in a written objection filed as provided in ORS 376.705 to 376.825.
(3) Except in the case of a majority protest, as provided in ORS 376.760, the legislative body may sustain or deny any or all objections or protests and its determination is final.
(4) The hearing may be continued from time to time by order entered on the minutes. [1961 c.666 §§15,19]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.780 - Resolution after hearing; fixing boundaries.

(1) Following the conclusion of the hearing, the legislative body shall by resolution either abandon the proceeding taken pursuant to ORS 376.705 to 376.825 or determine that the pedestrian mall shall be established.
(2) If assessments are to be levied as contemplated by ORS 376.735, then in the resolution provided for in subsection (1) of this section, the legislative body shall fix and establish the boundaries of the district as finally determined. [1961 c.666 §§21,25]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.785 - Judicial proceedings to determine unsettled claims for damages; satisfaction prior to traffic prohibition.

(1) If following the hearing the legislative body shall determine that the pedestrian mall shall be established, and if at that time there remain any written claims for damages which have not been allowed pursuant to ORS 376.770 or which have not been withdrawn, the legislative body shall direct that an action or actions be brought in the circuit court of the county in which the city is located in the name of the city by the city attorney, for a determination of the damages, if any, to which the claimant may legally be entitled because of the establishment of the pedestrian mall. Such action shall be in the nature of a proceeding in eminent domain for the condemnation of the right or rights in real property, the taking of which by the establishment of the pedestrian mall results in the damages claimed. In such action the amount set forth in the claim relating thereto shall not constitute a limitation upon the amount which may be pleaded, proved or recovered.
(2) Except as may otherwise be provided in ORS 376.705 to 376.825, such action and proceeding shall be governed so far as the same may be made applicable by those provisions of ORS chapter 35 relating to actions and proceedings in eminent domain. In any such action the resolution adopted under ORS 376.780 (1) shall be conclusive evidence of the public necessity of the proposed pedestrian mall; that the property or rights in property to be taken are necessary therefor, and that the pedestrian mall is planned and located in the manner which will be compatible with the greatest public good and the least private injury.
(3) The judgment in any such action shall be satisfied and a final order taken before vehicular traffic is prohibited, in whole or in part, on the pedestrian mall pursuant to ORS 376.705 to 376.825. [1961 c.666 §§22,23]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.790 - Assessment of damages and other expenses against benefited lands.

After all claims for damages filed pursuant to ORS 376.755 (2) have been finally determined, by allowance by the legislative body, by withdrawal, or by a judgment in an action or actions brought pursuant to ORS chapter 35, and the full amount of damages to be paid has accordingly been finally determined, all or part of the total amount of such damages (but not exceeding such part thereof as may be specified in the resolution of intention), together with all costs and expenses incurred in connection with any proceedings or actions taken pursuant to ORS 376.705 to 376.825, may be assessed against the lands within the district and subject to assessment in proportion to the benefits to be derived from the establishment of the pedestrian mall. [1961 c.666 §26]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.795 - Manner of assessment; sale of bonds representing unpaid assessments.

(1) Such assessment may be levied and bonds to represent unpaid assessments issued and sold substantially in the manner provided in ORS 223.005 to 223.105 and 223.205 to 223.930, and to the extent applicable, such law shall govern as to the preparation of the assessment, the lands subject to assessment, the hearing upon the assessment and the notice thereof, the confirmation and recordation of the assessment, the lien of the assessments, the notice of recordation, the collection of assessments, the issuance, sale and delivery of bonds upon unpaid assessments, the term of the bonds, the maximum interest rate thereon, the collection and enforcement of such bonds and all other matters to the extent applicable and except as provided in ORS 376.705 to 376.825.
(2) In so applying the provisions of ORS 223.005 to 223.105 and 223.205 to 223.930, the following provisions and exceptions shall apply:
(a) The limits provided by such law on the amount of the assessment shall not apply.
(b) The legislative body shall provide for the form of the bonds and of the principal and interest coupons to be attached thereto.
(c) The legislative body may provide that the redemption provision of the bonds shall require the payment of such premium as the legislative body may specify. [1961 c.666 §§27,28]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.800 - Special fund for payment of damages and expenses; use of surplus.

(1) All collections of assessments and all proceeds of the sale of bonds issued upon unpaid assessments shall be placed in a special fund and used exclusively for the payment of the damages, if any, and expenses for which the assessments were levied.
(2) If there is a surplus in such special fund, the legislative body may expend such surplus for the improvement or operation of the pedestrian mall. [1961 c.666 §29]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.805 - Payment of damages and other expenses from sources other than assessments and bonds.

Notwithstanding the fact that the proceedings under ORS 376.705 to 376.825 have provided that assessments are to be levied as contemplated by ORS 376.735, the legislative body, at any time and either before or after the adoption of the resolution provided for in ORS 376.780 (1), may determine that such assessments shall not be levied. In lieu thereof the legislative body may provide for the payment of all or any part of the amounts referred to in ORS 376.790, out of general funds of the city or out of any other available funds. [1961 c.666 §30]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.810 - Ordinance establishing mall; contents.

Following the adoption of the resolution provided for in ORS 376.780 (1), and as soon as moneys have been fully provided for the payment of all claims, if any, allowed pursuant to ORS 376.770, and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant to ORS chapter 35, the legislative body may adopt an ordinance establishing the pedestrian mall. Such ordinance shall contain:
(1) A general description of the pedestrian mall and a declaration and determination that the same is finally established. The mall as finally established shall be substantially the same as that described in the resolution of intention.
(2) Rules and regulations prohibiting vehicular traffic on such pedestrian mall subject to such exceptions as the ordinance may provide. Such rules and regulations and such exceptions shall be substantially in accordance with the statements made in the resolution of intention.
(3) Such additional rules and regulations as the legislative body may determine pertaining to the interpretation, operation and enforcement of the rules and regulations referred to in subsection (2) of this section, and otherwise pertaining to the use, operation, maintenance of the pedestrian mall.
(4) Such provisions as the legislative body may determine pertaining to the operative date or dates of any of such rules or regulations. [1961 c.666 §31]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.815 - Adoption of ordinance; payment of claims, damages and compensation.

(1) Such ordinance shall be adopted and published in the manner, and shall take effect, as provided by law or charter for other ordinances of the city. Such ordinance shall be subject to referendum in the same manner as other ordinances of the city.
(2) No payment of allowed claims or damages or compensation awarded by any court shall be made until such ordinance is in effect but all such allowed claims, damages and compensation shall be paid before the rules and regulations provided in such ordinance become operative. [1961 c.666 §§32,33]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.820 - Jurisdiction over mall; abandonment or modification.

(1) Proceedings under ORS 376.705 to 376.825 and the adoption of such ordinance notwithstanding, the city and its legislative body shall retain its police powers and other rights and powers relating to the city streets constituting a part of the pedestrian mall. No action taken pursuant to ORS 376.705 to 376.825 shall be interpreted or construed to be a vacation or abandonment, in whole or in part, of any city street or any right therein, it being intended that the establishment of a pedestrian mall pursuant to ORS 376.705 to 376.825 be a matter of regulation only.
(2) Nothing in ORS 376.705 to 376.825 shall be interpreted or construed to prevent the city and its legislative body, at any time subsequent to the adoption of the ordinance provided for in ORS 376.705 to 376.825, from abandoning the operation of the pedestrian mall, from changing the extent of the pedestrian mall, or from changing or repealing any of the rules and regulations pertaining to the pedestrian mall. [1961 c.666 §34]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.825 - Improvements on mall; payment of costs.

(1) The city and its legislative body shall have the power to improve a pedestrian mall as provided in ORS 376.720 (1)(d), and for the accomplishment, in whole or in part, of that purpose may use ORS 223.005 to 223.105 and 223.205 to 223.930 or any similar special assessment law. Any work or improvement permitted by such statutes shall be deemed to be work or improvement permitted to be done under any such Act or law. The city may also pay the whole or any part of the cost and expenses of improving a pedestrian mall from its general funds or from any other available money and may let contracts for the work in any manner permitted by law or charter.
(2) A pedestrian mall established or to be established pursuant to ORS 376.705 to 376.825 may be so improved either concurrently with the proceedings taken under ORS 376.705 to 376.825 for the establishment of the pedestrian mall or at any time subsequent to the establishment of the city mall, but no contract for the work or improvement shall be awarded until moneys have been fully provided for the payment of all claims allowed pursuant to ORS 376.770 and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant hereof. If in connection with the establishment of a pedestrian mall and concurrently with the proceedings taken pursuant to ORS 376.705 to 376.825, the legislative body proposes to improve the proposed pedestrian mall and for that purpose uses ORS 223.005 to 223.105 and 223.205 to 223.930 or any similar special assessment law, the legislative body may combine any part of the proceedings taken pursuant to ORS 376.705 to 376.825 with any part of the proceedings taken under any such special assessment law, to the end that duplication of ordinances, resolutions, notices, hearings and other acts or proceedings may be avoided. [1961 c.666 §§35,36]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 376 - Ways of Necessity; Special Ways; Pedestrian Malls › Section 376.990 - Penalties.

(1) Operation of a motor vehicle by any person over a contract forest road in violation of the contract provisions as to equipment, weight, width, length or height, is a Class A misdemeanor. The definitions in ORS 376.310 apply to this section.
(2) Violation by any person of any of the provisions of ORS 376.305 to 376.390 is a Class A misdemeanor. [Amended by 1971 c.743 §361; 2011 c.597 §187]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.030 - Destruction or removal of trees on state highways without permission prohibited.

No person shall dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway without first procuring the written consent of the Department of Transportation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.040 - Application to department to remove trees along state highways.

Whenever any person, firm or corporation, including any public, municipal or private corporation and any privately or publicly owned utility or cooperative association, desires to dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway, such person shall file with the Department of Transportation an application in writing, setting forth the reasons and purpose for the removal or destruction of the trees.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.050 - Consent of department for removal of trees along state highways.

(1) Upon the filing of the application mentioned in ORS 377.040 the Department of Transportation may, if in its judgment and discretion the destruction or removal of the trees will not mar or in any way affect the scenic beauty of or otherwise harm, injure or affect the highway, issue a permit authorizing the cutting down, digging up, removal or destruction of the trees under such conditions and in such manner as the department may in such permit designate.
(2) Such permits may be granted when it becomes necessary to cut or remove brush and tree growth which otherwise would be hazardous to the operation or maintenance of lines for the transmission of electric energy or communication, or which would impair the efficiency of the service of such lines to the public, but such cutting or removal shall be done in such manner as not substantially to impair the scenic beauty of the highway.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.100 - Study of highway system; designation of historic and scenic highways.

The Oregon Transportation Commission shall conduct a study of the historic, scenic and cultural values of the state highway system. The study required by this subsection is subject to the following:
(1) In developing the study the commission shall appoint a volunteer citizen advisory committee to advise the commission on the study.
(2) The study shall identify and evaluate areas of the state highway system for their historic, recreational or scenic significance.
(3) The study shall designate highways, portions of highways or highway related structures as historic and scenic highways. [1983 c.552 §1; 1985 c.260 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.105 - Effect of designation as historic and scenic highway.

When a highway, portion of a highway or highway related structure is designated as an historic and scenic highway under ORS 377.100, the Oregon Transportation Commission and the Department of Transportation:
(1) Shall provide for the rehabilitation, restoration, maintenance and preservation of those features of the highway or structure that have historical, engineering, recreational, scenic or tourist related significance, whenever prudent and feasible.
(2) May consult with the State Historic Preservation Officer, state historic organizations and other appropriate groups or organizations to determine how to best rehabilitate, restore, maintain and preserve the significant features of the highway or structure.
(3) In all highway planning and funding considerations, shall provide for the continuance of the significant features of the highway or structure, whenever prudent and feasible.
(4) As the commission determines appropriate, may arrange for and provide for posting of signs, consistent with ORS 377.700 to 377.844, 810.200 and 810.210, to inform the traveling public of the location and significant features of the highway or structure.
(5) Shall not dismantle, destroy, abandon, significantly transform or sell the highway or structure or any portion thereof or take any other action that will adversely affect the preservation of the highway or structure as an historic and scenic highway when it is prudent or feasible not to take such action.
(6) May provide for bypass highways to divert damaging traffic from use of the highway or structure or provide other means of limiting or diverting use of the highway or structure by damaging traffic.
(7) Are directed to seek and may accept and use for the purposes of this section and ORS 377.100 contributions, gifts, grants and moneys from any source, public or private.
(8) May hold hearings that have been given appropriate public notification before any significant action is taken relating to a highway, portion of a highway or highway related structure that is so designated.
(9) Shall consider aesthetics and environmental effects when the only alternative to rehabilitation or restoration is to replace a portion of a highway or highway related structure so designated. [1983 c.552 §2; 1985 c.16 §461; 1985 c.260 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.505 - Definitions for ORS 377.505 to 377.540.

As used in ORS 377.505 to 377.540:
(1) "State highway" has the meaning given that term in ORS 377.710.
(2) "Scenic area" means an area adjacent to or along a segment of a state highway that is within a federal or state park, is a site of historical significance or affords a view of unusual natural beauty, and has been established as a scenic area under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part). [1961 c.614 §1; 1963 c.400 §15; 1965 c.219 §23; 1967 c.590 §13; 1977 c.578 §3; 1979 c.186 §15; 2007 c.199 §21]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.510 - Signs visible from state highways regulated; junkyards prohibited; exceptions.

(1) A sign that is visible from a state highway may not be erected or maintained in an area that has been established by final order as a scenic area except:
(a) Traffic control signs or devices.
(b) Signs other than outdoor advertising signs, as defined in ORS 377.710.
(c) Signs approved by the Director of Transportation, or the authorized representative of the director, erected and maintained by a public utility or telecommunications utility for the purpose of giving warning of the location of an underground cable or other installations.
(d) Signs identifying incorporated or unincorporated communities, erected in compliance with ORS 377.715 and 377.756 to 377.758, that are designed to complement the scenic quality of the area in which the signs are erected. Signs located in snow zones may be more than eight feet in height to compensate for snow if approved by the director.
(2) Unless adequately screened as provided in ORS 377.620 (3)(a) or unless located within a zoned industrial area, no junkyard shall be established which is visible from a state highway where the area immediately adjacent to the state highway has been established by final order as a scenic area. [1961 c.614 §7; 1965 c.219 §24; 1967 c.590 §14; 1987 c.447 §122; 1991 c.287 §1; 1993 c.741 §45; 2007 c.199 §22]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.515 - Removal of nonconforming signs deferred.

Any sign lawfully maintained in a scenic area prior to the establishment of the area as a scenic area and not included within the exceptions of ORS 377.510, shall be removed by the owner thereof prior to seven years following the establishment of the area as a scenic area, unless the sign is required to be removed at an earlier date, pursuant to other state laws. [1961 c.614 §8; 1965 c.219 §25; 1967 c.590 §15]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.521 - Status of previously designated scenic areas.

All scenic areas designated prior to October 4, 1977, shall continue to retain their designation as scenic areas. [1977 c.578 §2]
Note:
377.521 was enacted into law by the Legislative Assembly but was not added to ORS 377.505 to 377.540 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.540 - Director of Transportation to enforce orders and render administrative assistance.

The Director of Transportation shall take appropriate action for the administration and enforcement of orders issued under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part). [1961 c.614 §10; 1963 c.400 §20; 1977 c.578 §4; 1993 c.741 §46]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.605 - Definitions for ORS 377.605 to 377.655.

As used in ORS 377.605 to 377.655, unless the context requires otherwise:
(1) "Department" means the Department of Transportation.
(2) "Director" means the Director of Transportation.
(3) "Federal-aid primary system" means the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system but that is on the National Highway System.
(4) "Interstate System" means every state highway that is part of the National System of Interstate and Defense Highways established by the department in compliance with section 103(e) of title 23, United States Code.
(5) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old or scrap ferrous, or nonferrous material, metal or nonmetal materials.
(6) "Junkyard" means any establishment or place of business where there is accumulated on the premises eight or more motor vehicles or an equivalent volume of junk that is maintained, operated or used for storing, keeping, buying or selling of junk and the term includes automobile graveyards, garbage dumps and scrap metal processing facilities.
(7) "Maintain" means to allow to exist.
(8) "Main traveled way" means the through traffic lanes, exclusive of frontage roads, auxiliary lanes and ramps.
(9) "State highway" or "state highway system" means the entire width between the boundary lines of every state highway as defined in ORS 366.005, including but not limited to the Interstate System and the federal-aid primary system.
(10) "Visible" means capable of being seen without visual aid by a person of normal visual acuity.
(11) "Zoned industrial area" is an area adjacent to a state highway or public highway which is zoned for industrial use under authority of state law. [1967 c.590 §3; 1979 c.186 §16; 1979 c.210 §1; 1993 c.741 §47]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.610 - Public policy on junkyards.

The Legislative Assembly hereby finds and declares that establishment, maintenance and operation of junkyards along public highways should be controlled in accordance with the provisions of ORS 377.605 to 377.655 in order to protect the public investment in such highways, promote the safety and recreational value of public travel on such highways, preserve natural beauty and aesthetic features of such highways and adjacent areas, and maintain the qualifications of this state for its share of federal-aid highway funds payable under title 23, United States Code, and in furtherance of the purposes previously established under ORS 366.556 to 366.578. [1967 c.590 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.615 - Director’s authority to promulgate regulations, enter into agreements with federal government.

(1) The Director of Transportation shall promulgate such regulations as are necessary to carry out the provisions of ORS 377.605 to 377.655. Except where federal law or rules and regulations require otherwise as a condition to receipt of federal granted funds, the rules shall be promulgated pursuant to ORS chapter 183.
(2) The director is authorized to enter into any necessary agreements with the United States Government or any officer or agency thereof authorized to make agreements pursuant to title 23, United States Code, relating to the control of junkyards in areas adjacent to the state highway system. [1967 c.590 §4; 1993 c.741 §48]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.620 - Restrictions on maintaining or establishing junkyard along highway.

(1) Except as provided in subsection (3) of this section, no junkyard in existence on June 30, 1967, may be maintained after June 30, 1967, within 1,000 feet of the nearest edge of the right of way of:
(a) The Interstate System.
(b) The federal-aid primary system.
(c) Other state highways, unless permitted by the Director of Transportation and subject to rules adopted by the director.
(2) Except as provided in subsection (3) of this section, no junkyard shall be established after June 30, 1967, within 1,000 feet of the nearest edge of the right of way of any state highway or which is visible from any state highway, as defined by ORS 377.505, where the area immediately adjacent to the state highway retains designation as a scenic area pursuant to ORS 377.521.
(3) Except as provided in ORS 377.510 relating to location of junkyards within or adjacent to designated scenic areas, this section does not prohibit the establishment or maintenance along state highways of the following junkyards:
(a) Junkyards that are hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway, in accordance with regulations promulgated by the director.
(b) Junkyards located in zoned industrial areas.
(4) No owner or operator of a junkyard shall place any junk on a state highway right of way. [1967 c.590 §5; 1975 c.262 §1; 1983 c.740 §122; 1993 c.741 §49; 2007 c.199 §24]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.625 - Screening junkyard located in restricted area.

(1) Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and visible from the main traveled way of the Interstate System or the federal-aid primary system and is not in a zoned industrial area, may be screened by the Director of Transportation, if economically and otherwise feasible, at locations on the highway rights of way or in areas outside of the rights of way acquired for such purposes by the Department of Transportation.
(2) Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and which is visible from the main traveled way of any state highway other than the Interstate System or federal-aid primary system and is not in a zoned industrial area, may be screened by the director when it is financially, economically and otherwise feasible. The screening may be located on the highway rights of way or in areas outside the rights of way acquired for such purposes by the department. [1967 c.590 §6; 1979 c.210 §2; 1993 c.741 §50]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.630 - Removing junkyard from restricted area.

(1) Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (1), then the Department of Transportation may secure such interests in land as may be necessary to relocate, remove or dispose of the junkyard and may pay for the cost of relocation, removal or disposal thereof, as set forth in ORS 377.640.
(2) Where a junkyard is in existence less than 1,000 feet of the nearest edge of the right-of-way line and visible from the main traveled way of any state highway which becomes a part of the Interstate System or federal-aid primary system and is not in a zoned industrial area, the junkyard may be screened as provided in subsection (1) of this section or may be relocated, removed or disposed of by the department after the portion of the state highway involved becomes a part of the Interstate System or the federal-aid primary system, as provided in subsection (1) of this section.
(3) Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of any state highway other than the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (2), then the department may, in its discretion, secure such interests in lands as may be necessary to relocate, remove or dispose of the junkyard. [1967 c.590 §7; 1979 c.210 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.635 - Junkyard in violation of restrictions declared a public nuisance; authority to abate; when junk placed on state highway right of way.

(1) Any junkyard which comes into existence after June 30, 1967, and which is in violation of ORS 377.620, is hereby found and declared to be a public nuisance. The Director of Transportation, 30 days after written notice is mailed to the person owning or operating the junkyard, may institute, on behalf of the Department of Transportation any legal proceedings the director considers necessary to prevent the violation of ORS 377.620.
(2) Whenever the owner or operator of a junkyard places junk on state highway right of way adjacent to or in the immediate vicinity of the junkyard, the director, 10 days after written notice is mailed to the person owning or operating the junkyard, may remove and store the junk. Junk placed on a highway right of way adjacent to or in the vicinity of a junkyard is prima facie evidence that it has been placed there by the owner or the operator of the junkyard. After 30 days of storage, unless claimed sooner by the owner, the director may sell or otherwise dispose of the junk by sale or otherwise. When removal is performed by the director, the director shall not be liable for conversion of any personal property and the director may collect the director’s cost for removal, storage and sale or disposal from the person owning the junk. [1967 c.590 §8; 1975 c.262 §2; 1979 c.210 §4; 1993 c.741 §51]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.640 - Acquisition of land necessary to screen or relocate junkyards.

The Department of Transportation may acquire by purchase, agreement, donation, or the exercise of the power of eminent domain, such lands or interest in lands as may be necessary for the screening or the relocation, removal or disposal of junkyards. In exercising the power of eminent domain the department shall be governed by the provisions of ORS chapter 35. [1967 c.590 §9; 1971 c.741 §36]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.645 - Expenditure of moneys to screen or relocate junkyards prior to availability of federal matching funds.

(1) The Department of Transportation may expend moneys appropriated to the department for the purposes of the screening, relocating, removal or disposal of junkyards as provided in ORS 377.625 to 377.640, except that the department may not use moneys that are subject to the provisions of section 3a, Article IX of the Oregon Constitution. Moneys appropriated for the purposes specified in this subsection may be expended by the department unless and until federal-aid matching funds are appropriated and made available to the state for such similar purposes as provided in section 136, title 23, United States Code.
(2) All money received by the Director of Transportation under ORS 377.505, 377.510, 377.515 and 377.605 to 377.655 shall be credited to the State Highway Fund. [1967 c.590 §§10,11; 1983 c.338 §924; 1993 c.741 §52; 2001 c.750 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.650 - Personal property on state highway.

Any personal property not coming within the definition of junk, except a vehicle as defined in ORS 801.590 or a manufactured structure as defined in ORS 446.561, that is deposited, left or displayed on a state highway is hereby found and declared to be a public nuisance. Except as provided in ORS 377.653, the Director of Transportation may do any of the following with respect to personal property declared to be a nuisance by this section:
(1) Ten days after written notice is mailed to the person owning the personal property, the director may institute on behalf of the Department of Transportation any legal proceedings the director considers necessary to prevent the violation of this section.
(2) Ten days after written notice, the director may remove the personal property and store it. After 30 days of storage, unless claimed sooner by the owner, the director may sell or otherwise dispose of the personal property. Where removal is performed by the director, the director shall not be liable for any conversion of personal property and may collect the cost for removal, storage and sale or disposal of the personal property from the person owning it.
(3) If the property is a sign, as defined under ORS 377.710, that is portable or if the property has been repeatedly deposited, left or displayed in violation of this section, the director may follow the procedures under ORS 377.655. This subsection applies notwithstanding any other provision of this section. [1975 c.262 §4; 1983 c.338 §925; 1985 c.110 §1; 1993 c.741 §53; 1999 c.59 §102; 2003 c.655 §73; 2011 c.84 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.655 - Rules for removal and disposition of signs and property in violation of ORS 377.650.

(1) The Department of Transportation shall adopt rules consistent with this section to provide procedures for the removal and disposition of portable signs or personal property that has been repeatedly left, deposited or displayed in violation of ORS 377.650.
(2) Rules adopted by the department under this section may provide for any of the following:
(a) A reduction in the times required for notice of violation, opportunity for hearing, opportunity to remove the violation and removal of the violation.
(b) Removal of the violation without prior notice if the person committing the violation has been given prior notice of the violation. If removal is provided under this paragraph, opportunity for hearing must be provided by the rules within five days after the removal.
(c) Any other rules concerning removal and disposition of such violations that the department determines will reduce the repeating of such violations.
(3) Rules adopted by the department under this section may not alter the provisions established under ORS 377.653. [1985 c.110 §2; 2011 c.84 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.705 - Policy.

To promote the public safety; to preserve the recreational value of public travel on the state’s highways; to preserve the natural beauty and aesthetic features of such highways and adjacent areas; to provide information about and direct travelers to public accommodations, services for the traveling public, campgrounds, parks, recreational areas and points of scenic, historic, cultural and educational interest, it is the policy of this state and the purpose of ORS 377.700 to 377.844 and 377.992:
(1) To establish official information centers and motorist informational signs, including sign plazas or travel plazas in appropriate locations.
(2) To provide for publication and distribution of official guidebooks and other publications.
(3) To prohibit the indiscriminate use of other outdoor advertising.
(4) To provide motorists, where feasible, with information and access to communications systems for emergency and travel-related purposes. [1971 c.770 §2; 1999 c.877 §1; 2012 c.63 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.707 - Identifying location of signs on construction plans; repair or replacement of damaged signs.

(1) The Department of Transportation shall ensure that all construction and engineering plans for state highways identify the locations of motorist informational signs, tourist oriented directional signs and logo signs. The department shall adopt written plans for protecting the signs from damage during construction.
(2) If any sign specified in subsection (1) of this section is damaged, destroyed or lost as a result of work on a highway done by the department, the department shall repair or replace the sign. [2001 c.402 §2]
Note:
377.707 was added to and made a part of 377.700 to 377.844 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.708 - Effect on certain signs of transfer of jurisdiction over state highway.

(1) As part of the negotiation process between the Department of Transportation and another road authority concerning transfer of jurisdiction over a state highway from the department to the other road authority, the department shall identify any tourist oriented directional signs and logo signs on the state highway that will be affected by the transfer. If there are such signs, the department shall notify the Travel Information Council of the proposed transfer of jurisdiction.
(2) When signs described in subsection (1) of this section are identified, the road authority that will receive jurisdiction over the state highway shall, as part of the negotiation process, agree in writing to protect the signs from destruction or removal. The transfer of jurisdiction may not take place until the receiving road authority has entered into the written agreement described in this subsection.
(3) After the transfer of jurisdiction, the Travel Information Council shall retain authority over signs on the highway as though the highway were still a state highway.
(4) After a transfer of jurisdiction over a state highway from the department to another road authority, the council shall notify the receiving road authority of any request for a new sign and shall request approval of the sign’s location from that road authority. [2003 c.388 §2]
Note:
377.708 was added to and made a part of 377.700 to 377.844 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.712 - Issuance of permits for certain preexisting signs.

(1) Notwithstanding the provisions of ORS 377.700 to 377.780, the owner of any outdoor advertising sign in existence on May 30, 2007, located in a commercial or industrial zone in existence on May 30, 2007, that meets all requirements for obtaining an outdoor advertising sign permit as set out in ORS 377.700 to 377.780 and for which the owner had not secured an outdoor advertising permit as required by ORS 377.725 prior to May 30, 2007, either because of ignorance of the requirements of ORS 377.725 or because the area, road or street adjacent to which the sign was situated was not, at that time, designated as a state highway, shall be entitled to the issuance of an outdoor advertising sign permit by the Department of Transportation upon application by the owner of the sign and the payment of the fee established by the department under ORS 377.729.
(2) Notwithstanding the provisions of ORS 377.700 to 377.780, the owner of any outdoor advertising sign visible from a road or street that is designated as a state highway after May 30, 2007, is entitled to the issuance of an outdoor advertising sign permit for the sign upon application by the owner of the sign, payment of the fee established by the department under ORS 377.729 and receipt of the affidavit required under ORS 377.723, if the sign was lawfully located within a commercial or industrial zone at the time of designation as a state highway. [1977 c.265 §7; 1993 c.376 §1; 2001 c.104 §127; 2001 c.750 §4; 2007 c.199 §6]
Note:
377.712 was enacted into law by the Legislative Assembly but was not added to or made a part of any series in ORS chapter 377 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.715 - Application of ORS 377.700 to 377.844; prohibition against erection or maintenance of certain signs not in compliance with law.

ORS 377.700 to 377.844, and the rules adopted pursuant thereto, apply to signs erected or maintained outside the right of way along state highways and visible to the traveling public from a state highway. A person may not erect or maintain a sign visible to the traveling public from a state highway, except where permitted outside the right of way of a state highway, unless the sign complies with the provisions of ORS 377.505 to 377.540 and 377.700 to 377.844, and the rules adopted pursuant thereto. A person may not erect or maintain a sign on the right of way of a state highway, other than a traffic control sign or device. [1971 c.770 §8; 1973 c.790 §2; 1974 c.33 §2; 1975 c.336 §2; 1983 c.111 §2; 1987 c.336 §3; 1999 c.877 §3; 2007 c.199 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 377 - Highway Beautification; Motorist Information Signs › Section 377.723 - Affidavit of city or county necessary for issuance of sign permit; requirements of affidavit.

Notwithstanding any other provision of ORS 377.700 to 377.844, the Department of Transportation shall not issue a permit under ORS 377.725 or 377.767 unless the applicant for the permit submits affidavits that meet the following requirements:
(1) The applicant must submit an affidavit from each city or county that would have jurisdiction over the proposed sign.
(2) Each affidavit must contain a certification by the respective city or county that the proposed sign would comply with all applicable ordinances, plans, rules and other requirements of the city or county.
(3) Each affidavit must be on a form prepared by the department. [1981 c.329 §2; 1987 c.336 §4; 1993 c.741 §55]