Abingdon
Police Department
For Immediate
Release
As we near the November elections, the Town of
Abingdon and the Abingdon Police Department would like to provide information
in regards to political signs:
Virginia
State Code
§ 33.2-1224. Signs or advertising on rocks, poles, etc.,
within limits of highway; civil penalty.
Any person who in any manner (i) paints, prints, places, puts or
affixes any sign or advertisement upon or to any rock, stone, tree, fence,
stump, pole, mile-board, milestone, danger-sign, guide-sign, guidepost, highway
sign, historical marker, building, or other object lawfully within the limits
of any highway or (ii) erects, paints, prints, places, puts, or affixes any
sign or advertisement within the limits of any highway shall be assessed a
civil penalty of $100. Each occurrence shall be subject to a separate penalty.
All civil penalties collected under this section shall be paid into the Highway
Maintenance and Operating Fund. Signs or advertisements placed within the
limits of the highway are hereby declared a public and private nuisance and may
be forthwith removed, obliterated, or abated by the Commissioner of Highways or
his representatives without notice. The Commissioner of Highways may collect
the cost of such removal, obliteration, or abatement from the person erecting,
painting, printing, placing, putting, affixing or using such sign or
advertisement. When no one is observed erecting, painting, printing, placing,
putting, or affixing such sign or advertisement, the person, firm or
corporation being advertised shall be presumed to have placed the sign or
advertisement and shall be punished accordingly. Such presumption, however,
shall be rebuttable by competent evidence. In addition, the Commissioner or his
representative may seek to enjoin any recurring violator of this section. The
Commissioner of Highways may enter into agreements with any local governing
body authorizing local law-enforcement agencies or other local governmental
entities to act as agents of the Commissioner for the purpose of (i) enforcing
the provisions of this section and (ii) collecting the penalties and costs
provided for in this section. Any such agreement may provide that penalties and
costs collected pursuant to such agreement shall be paid as agreed.
The Virginia Department
of Transportation
provides guidance concerning Outdoor Advertising and State Right of Way-
What is “right of way?” State-maintained
right of way is property along a roadway on either side. This area does not
belong to individual property owners. It must be kept clear for motorist safety
and so road crews have room to work.
Where is the right of way located? There
is no standard right of way distance for every road. Generally, the right of
way ranges from 25 to 150 feet from the road’s center line. Due to this wide
range, it’s important to find out exact right-of-way distance before installing
a sign or objects near a road.
Can I place a sign along the road? Signs cannot be on
or overhanging state right of way. An off-premise advertising sign adjacent to
the right of way requires an Outdoor Advertising Permit.
How do I obtain an Outdoor Advertising
Permit? Companies, organizations or individuals who want to place
outdoor advertising signs adjacent to the right of way should call 804-786-0654
or e-mail outdooradvertisingrenewals@vdot.virginia.gov
.
What will happen if I put my sign in the
right of way? Section 33.2-1224, Code of Virginia, prohibits signs and
advertisements within the limits of the highway. VDOT is authorized to remove
any sign that is in violation of state code, especially if it interferes with
roadside maintenance or presents a safety hazard to motorists. In addition, the
agency can levy a $100 civil penalty for each sign violation. VDOT also works
with localities and the Adopt-A-Highway program to enforce this law.
§
15.2-109. Regulations on political campaign signs.
No locality shall have the authority
to prohibit the display of political campaign signs on private property if the
signs are in compliance with zoning and right-of-way restrictions applicable to
temporary nonpolitical signs, if the signs have been posted with the permission
of the owner. The provisions of this section shall supersede the provisions of
any local ordinance or regulation in conflict with this section. This section
shall have no effect upon the regulations of the Virginia Department of
Transportation.
Abingdon
Town Code Provides the Following Guidance-
Section
21-9. - Temporary signs.
(b) A "temporary sign" is a sign
that is not permanently mounted to a building or into the ground. Signs
attached by rope, string, chain, tape, paste, and similar mechanisms; signs not
rigidly attached to a supporting structure; signs made of paper, cardboard,
cloth, and similar materials; and signs that are pushed, hammered or similarly
put into the ground are considered temporary signs.
Examples of temporary signs include,
but are not limited to, garage or yard sale signs, political campaign
signs, real estate signs, construction signs, menu/daily special signs.
(c) Each temporary sign shall be
maintained in good, safe condition, securely affixed to a building or the
ground.
(d) Temporary sign area per lot
shall not exceed 32 square feet.
(e) Any temporary sign pertaining to an event must be removed within ten days after the event. For
example, garage or yard sale signs, political campaign signs, and real
estate signs are subject to this provision. For all other temporary signs,
a maximum posting period of 14 consecutive calendar days is permitted, up to
five times per calendar year. Such signs shall not be attached in any way to
utility poles, meter posts, or trees within any public street right-of-way. No
person shall put up any notice upon any building, wall, fence or other property
of another person without having first obtained the consent of the owner of
such property.
Theft
or damage of political or campaign signs
There is no specific statue that
pertains to theft or damage of political or campaign signage. However, signs
placed legally on private property are afforded the same protection as any
other property that can be stolen or vandalized.
Dependent upon the value of the sign(s)
offenders can be charged with either petit larceny, grand larceny, or property
damage. Punishments range for these offenses range from a class 1 misdemeanor
to an unclassed felony.
We hope that everyone
will be respectful of these statutes, and the political expressions of others,
without stealing or vandalizing signs.
We encourage everyone
to exercise their right to vote on Election Day.
###
Riding in the back of a
pickup truck. State Code 46.2-1156.1
states "No person under sixteen years of age shall be transported in the
rear cargo area of any pickup truck on the highways of Virginia. The provisions
of this section shall not apply to transportation of persons in the bed of any
pickup truck being operated (i) as part of an organized parade authorized by
the Department of Transportation or the locality in which the parade is being
conducted or (ii) on or across a highway from one field or parcel of land to
another field or parcel of land in connection with farming operations."
Just because it is Halloween, you cannot simply ride from street to street in
the back of a truck or towed vehicle. 
