Hawaii Administrative Rules › Title 19 - DEPARTMENT OF TRANSPORTATION › Subtitle 4 - HIGHWAYS DIVISION › Chapter 103 - OUTDOOR ADVERTISING ALONG STATE HIGHWAYS AND FEDERAL AID SECONDARY COUNTY HIGHWAYS › Section 19-103-2 - Definitions

Current through June, 2024
As used in this chapter, unless the context clearly
				  indicates otherwise:
"Abandoned sign" means one in which no one has an
				  interest.
"County" means the county of Hawaii, the city and county of
				  Honolulu, the county of Kauai or the county of Maui, as appropriate.
"Directional signs" means signs deemed to be in the interest
				  of the traveling public that contain directional information about: public
				  places owned or operated by federal, state, or local government, or their
				  agencies: public or privately owned natural phenomena; historic, cultural,
				  scientific, educational and religious sites; and areas of natural scenic beauty
				  or naturally suited for outdoor recreation.
"Director" means the director of the State department of
				  transportation or his duly authorized representative.
"Erect" means to construct, build, raise, assemble, place,
				  affix, attach, create, paint, draw, or in any other way bring into being or
				  establish.
"Federal-aid secondary county highways" means all highways
				  on the designated federal-aid secondary county system.
"Highway" means all state highways and federal-aid secondary
				  county highways.
"Illegal sign" means one which was erected or maintained in
				  violation of state law.
"Legible" means capable of being read without visual aid by
				  a person of normal visual acuity.
"Maintain" means to allow to exist.
"Main-traveled way" means the portion of roadway designed
				  for the movement of vehicles on which through traffic is carried, exclusive of
				  shoulders. It does not include such facilities as frontage roads, turning
				  roadways, or parking area.
"Nonconforming sign" means a sign which was lawfully erected
				  but does not comply with the provisions of state law or state rules passed at a
				  later date or which later fails to comply with state law or state rules due to
				  changed conditions. Signs that are illegal when first erected or otherwise
				  created are not considered nonconforming signs.
"Official signs and notices" means signs and notices erected
				  and maintained by public officers or public agencies within their territorial
				  or zoning jurisdiction and pursuant to and in accordance with direction or
				  authorization contained in federal, state, or local law for the purposes of
				  carrying out an official duty or responsibility. Historical markers erected by
				  state or local government agencies or nonprofit historical societies may be
				  considered official signs.
"Ordinance" means a law, rule or regulation enacted or
				  adopted by a county.
"Person" means any individual, partnership, firm, society,
				  unincorporated association, joint venture, group, hui, corporation, trustee,
				  executor, administrator, trust estate, decedent's estate, trust or other
				  entities, whether these persons are doing business for themselves or in a
				  fiduciary capacity.
"Scenic area" means any area of particular scenic beauty or
				  historical significance as determined by the federal, state, or local officials
				  having jurisdiction thereof, and includes interests in land which have been
				  acquired for the restoration, preservation, and enhancement of scenic
				  beauty.
"Sign" means any outdoor sign, light, display, device,
				  figure, painting, drawing, message, placard, poster, billboard, or other thing
				  which is designed, intended, or used to advertise or inform, any part of the
				  advertising or informative contents of which is visible from any place on the
				  main traveled way of a highway, whether the same be permanent or portable
				  installation.
"State highways" means all highways designated to comprise
				  the state highway system which consists of the following types of
				  highways:
(1) Federal-aid highways:
(A) Interstate and defense highways;
(B) Federal-aid primary state highways;
(C) Federal-aid secondary state highways; and
(D) Federal-aid urban state highways.
(2) Nonfederal-aid state highways.
"State law" means the state constitution or a statute,
				  ordinance, rule, or regulation enacted or adopted by the state or a political
				  subdivision of the state or an agency thereof.
"Visible" means capable of being seen (whether or not
				  legible) without visual aid by a person of normal visual
				  acuity.