Mo. Code Regs. tit. 7 § 10-17.030

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 7 CSR 10-17.030 - Administration

PURPOSE: This amendment includes editorial changes for clarification and adds additional detail regarding how signs for seasonal sites are addressed during their off season.

(1) This rule outlines the eligibility requirements to participate in the various signing programs.

(2) Signs covered in this rule only apply to commission roadways and sites located within the State of Missouri unless otherwise specified in this rule.

(3) Requests for participation in the Logo, Tourist Oriented Directional Signing (TODS), or Traffic Generator Programs are to be submitted to the program manager by the owner or authorized representative of a qualified entity.

(4) Before any qualified entity is permitted to participate in the Logo, TODS, or Traffic Generator Pro grams, any existing illegal advertising devices pertaining to that qualified entity shall be removed.

(5) No qualified entity may discriminate or be discriminated against with regard to race, color, religion, sex, age, handicap, or national origin. Each qualified entity identified by a Logo, TODS, or Traffic Generator sign shall have furnished written and notarized certification to the program manager of the entity's conformance to all applicable federal, state, and local laws, ordinances, rules, and regulations, and not be in breach of that certification.

(6) A qualified entity will enter into a participation agreement with the program manager.

(7) A sign removed for any of the reasons in subsections (7)(A)-(7)(C) will be charged a department-approved fee for re-installation. All fees paid by the qualified entity are not subject to refund. A qualified entity's sign may be removed no earlier than thirty (30) days after notification by the program administrator through written correspondence for any of the following reasons:

(A) Failure to pay fee; or

(B) Failure to meet the minimum requirements set forth by these rules for each program type; or

(C) Delinquency as to any of the previously mentioned violations.

(8) If a business is closed due to fire, accident, remodeling, or other emergency for more than seven (7) days, but not more than ninety (90) days, the sign will be covered to prevent inconveniencing the traveling public. The sign owner will not lose their priority or need to reapply prior to the normal expiration of its contract. Extensions of time beyond ninety (90) days may be granted; however, an owner who, due to his/her own negligence, fails to open within the ninety- (90-) day period, may lose his/her priority to occupy the space on the right-of-way. The participation agreement will not be extended due to fire, accident, remodeling, or other emergency.

(9) The fee to be paid will be equal to the fees established by the department. A participation agreement with the qualified entity will be executed for a term specified in each program. If an applicant chooses to not pay the fees agreed upon in the participation agreement, all signs will be removed from the commission right-of-way.

(10) At the end of their business season, a qualified entity not open year round will have their sign taken out of service to convey to the public the site is not open.

(A) Signs will be taken in and out of service in one (1) of the following ways, depending on the signing program and the circumstances of the installation:

1. For traffic generator signs - a CLOSED plaque will be placed on the sign(s);

2. For Logo signs - the Logo will be removed from the Logo sign(s);

3. For TODS sign(s)-

A. The TODS sign(s) will be removed; or

B. A CLOSED plaque will be placed over the directional arrow/mileage display on the sign(s); or

C. If the season of operation can be defined by a term of months, then a supplemental panel(s) can be displayed below the TODS sign(s). Any given month will be displayed only if the site is open at least fifty percent (50%) of that month.

(B) A qualified entity which has not received a sign(s) due to insufficient space will not be permitted to use the space made available by another qualified entity's sign which has been removed during the off-season.

(11) No reimbursement is allowed to any participating qualified entity due to road closures or detours established for any reason.

(12) The commission reserves the right to approve all sign installation locations, modify said sign(s) when necessary to comply with changed standards that might be promulgated or adopted, and/or permanently remove the sign(s) at any time, in its sole discretion, for any reason whatsoever, including for the convenience of the commission or if the commission determines removal is necessary for a highway or transportation project. In the event the commission removes the sign pursuant to the terms of this rule, the commission will not refund any portion of the original payment from the qualified entity.

(13) An appeal or other request for review by any applicant regarding the decisions of the program manager must be submitted in writing to the department's State Highway Safety and Traffic Engineer, PO Box 270, Jefferson City, MO 65102.

7 CSR 10-17.030

Adopted by Missouri Register May 15, 2015/Volume 40, Number 10, effective 6/30/2015

Amended by Missouri Register April 16, 2018/Volume 43, Number 8, effective 5/31/2018

Amended by Missouri Register March 15, 2023/Volume 48, Number 6, effective 4/30/2023