Ohio Administrative Code
Title 5501:2 - Division of Highways
Chapter 5501:2-2 - Erection and Control of Outdoor Advertising
Section 5501:2-2-10 - Advertising devices located on premises of professional sports facility
Current through all regulations passed and filed through September 16, 2024
(A) "Professional sports facility" means all or any portion of a stadium, arena, or other capital facility in Ohio, the primary purpose of which is to provide a site or venue for the presentation to the public events of one or more major or minor league professional athletic or sports teams that are associated with the state or with an Ohio city or region, which facility is owned by, or is located on, real property owned by the state or a governmental entity, and including all parking facilities, walkways, and other auxiliary facilities, equipment, furnishings, and real property and personal property and interests and rights therein, that may be appropriate for or used for in connection with the facility or its operation.
(B) An advertising device located on the premises of a professional sports facility is not required to have a permit under section 5516.10 of the Revised Code or rule 5501:2-2-05 of the Administrative Code . However, if an advertising device located on the premises of a professional sports facility fails to conform to the following rules, it will be considered an advertising device subject to the statutes and rules governing advertising devices, including the need for a permit.
(C) If a professional sports facility is owned by, or located on, real property owned by the state or a governmental entity and such real property is subsequently purchased by a private corporation or partnership registered to do business in the state of Ohio, any advertising device attached to the professional sports facility, or subsequently placed thereon, may be considered an advertising device subject to this rule, provided that the private owners of the real property and/or the facility obtain any and all necessary approvals to erect and maintain such device from any and all necessary local zoning authorities or any other appropriate local governmental authorities and request the approval of the director of the department of transportation to maintain or erect an advertising device. Such request shall be submitted in writing to the director and shall include all necessary documentation establishing all necessary approvals and shall set forth, among other things, the name, address, and contact person, of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. If the owners do not include, or have not secured, all necessary approvals from the proper governmental authorities, the director may reject the request and such advertising device shall be considered an advertising device subject to all applicable statutes and rules governing such advertising devices, including the need for a permit. The decision of the director shall be final. If a professional sports facility is currently owned by or is located on property held by a private corporation or partnership, who directly purchased such property and/or facility from the state or another governmental entity, such owners shall have one hundred twenty days from the effective date of this rule to submit a request to the director of the department of transportation.
(D) An advertising device located on the premises of a professional sports facility will be considered to be in accordance with division (B) of section 5516.02 or division (C) of section 5516.06 of the Revised Code if it meets the following requirements:
For purposes of this rule, "structure" shall not include any parking, storage, or other secondary buildings or facilities attached to, or located on the same premises as, the primary facility used by the professional sports team for league play. No advertising device may be located at any other remote location which cannot be put to any reasonable use directly related to the professional sport for which the professional sports facility was originally constructed.
(E) Prior to the erection of an advertising device located on the premises of a professional sports facility, each owner or operator of a professional sports facility shall register with the advertising device control section and complete a registration form setting forth, among other things, the name, address, and contact person of the management company or owner who has the authority to contract for the display of advertising material on the advertising device. Any advertising device erected without completing the required registration will be considered an advertising device subject to all other statutes and rules governing such advertising devices. Annual updates of information may be required by the advertising device control section.
