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

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.