Section 32-6-51 - Unauthorized devices and structures within right of way or visible from public road; bus shelters; wayfinding kiosks; commercial advertisements by transit agency(a)(1) It shall be unlawful for any person to erect, place, or maintain within the dedicated right of way of any public road any sign, signal, or other device except as authorized by this subsection, subsection (d) or (d.1) of this Code section, as required or authorized by Code Section 32-6-50, or any other law.(2) The erection, placement, and maintenance of signs within the dedicated rights of way of county roads or municipal streets may be authorized and governed by ordinances adopted by governing authorities of counties and municipalities having jurisdiction over such roads or streets, which ordinances as to such dedicated rights of way of county roads or municipal streets may be as or less restrictive than the provisions of paragraph (1) of this subsection.(b) It shall be unlawful for any person to erect, place, or maintain in a place or position visible from any public road any unauthorized sign, signal, device, or other structure which: (1) Imitates, resembles, or purports to be an official traffic-control device;(2) Hides from view or interferes with the effectiveness of any official traffic-control device;(3) Obstructs a clear view from any public road to any other portion of such public road, to intersecting or adjoining public roads, or to property abutting such public road in such a manner as to constitute a hazard to traffic on such roads; or(4) Because of its nature, construction, or operation, constitutes a dangerous distraction to or interferes with the vision of drivers of motor vehicles.(c) Any sign, signal, device, or other structure erected, placed, or maintained on the dedicated right of way of any public road in violation of subsection (a) or (b) of this Code section or in violation of any ordinance adopted pursuant to subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public road affected may remove or direct the removal of the same. Where any sign, signal, device, or other structure is erected, placed, or maintained in violation of subsection (b) of this Code section, but not on the dedicated right of way of any public road, the officials having jurisdiction of the public road affected may order the removal of such structure by written notice to the owner of the structure or the owner of the land on which the structure is located. If such structure is not removed within 30 days after the giving of such order of removal, such officials are authorized to remove or cause to be removed such structure and to submit a statement of expenses incurred in the removal to the owner of the structure or to the owner of the land on which the structure is located. If payment or arrangement to make payment is not made within 60 days after the receipt of said statement, the department shall certify the amount thereof for collection to the Attorney General.(d)(1) As used in this subsection, the term: (A) "Bus shelter" means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents.(B) "Commercial advertisements" means any printed or painted signs or multiple media displays on a bus shelter for which space has been rented or leased from the owner of such shelter.(C) "Multiple media display" means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats.(2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements:(A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph;(B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and(C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows: (i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or(ii) Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main traveled roadway.(3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner of the bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection.(4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the bus shelter.(5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents.(d.1)(1) As used in this Code section, the term "wayfinding kiosk" means a structure: (A) With a maximum height of ten feet and a maximum width of four feet;(B) That contains a digital touch screen for use by members of the public for public purposes of locating businesses, accessing transit information, or locating social services; and(C) That is installed in state, county, or municipality rights of way pursuant to a contract with the state or a municipality or county.(2) Wayfinding kiosks, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads within a metropolitan municipality special district as such district is set forth in Code Section 48-8-269.22 and upon issuance of a permit:(A) By the department when a wayfinding kiosk is to be located on the right of way of a road in the state highway system and upon a finding by such department that placement of such kiosk would provide a substantial public benefit; or(B) By the respective county or municipality and in conformity with local regulations when a wayfinding kiosk is to be located on the right of way of a road which is part of a county road system or municipal street system and upon a finding by the local governing authority that placement of such kiosk would provide a substantial public benefit.(3) In addition to any further conditions required by the department or local governing authority for a determination that the placement of a wayfinding kiosk would provide a substantial public benefit, a wayfinding kiosk erected and maintained on the right of way of a public road pursuant to this subsection, shall, at a minimum:(A) Meet minimum setback requirements as follows:(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the wayfinding kiosk or the wayfinding kiosk shall be placed at the back of the existing concrete sidewalk; or(ii) Where no curb or gutter is present, the wayfinding kiosk shall be at least ten feet from the edge of the main traveled roadway;(B) Not store any data collected by users of such kiosk;(C) Not project any light at an intensity greater than that allowed of outdoor advertising pursuant to Part 2 of this article; and(D) Not display any content prohibited by Code Section 32-6-52.(4) The department or any county or municipality issuing a permit pursuant to this subsection shall be authorized to charge a reasonable fee for such permit in an amount sufficient to defray the expense incurred for evaluation of an application for a permit, which shall include an in-person evaluation of the proposed location by the entity issuing the permit.(5) Any wayfinding kiosk erected and maintained on the right of way of a public road in violation of paragraph (3) of this subsection or in violation of the conditions of the permit issued by the department, a county, or a municipality shall be declared to be a public nuisance and safety hazard. In such case, the department, county, or municipality where such kiosk is located shall be authorized to apply to any court of competent jurisdiction and such court shall issue judgment and order condemnation and removal of such nuisance. The owner of such kiosk shall be liable for all court costs, fees, and other expenses incurred in such action.(6) The person to whom a permit has been issued for the erection and maintenance of a wayfinding kiosk on the right of way of a public road pursuant to this subsection shall at all times assume all risks for the wayfinding kiosk and shall indemnify and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence of the wayfinding kiosk.(7) No more than 30 permits shall be issued by the department pursuant to this subsection and no permit shall be issued by the department or any county or municipality on or after July 1, 2026.(8) The provisions of Code Section 32-6-83 shall apply to any wayfinding kiosk lawfully erected prior to July 1, 2024, that does not conform to the provisions of this subsection or to any lawful ordinance, regulation, or resolution enacted pursuant to the authority of this subsection.(e) Each sign erected, placed, or maintained in violation of paragraph (1) of subsection (a) of this Code section shall constitute a separate offense.(f) Any person who violates paragraph (1) of subsection (a) of this Code section shall be punished the same as for littering under Code Section 16-7-43. Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.(g)(1) As used in this subsection, the term: (A) "Commercial advertisements" means any printed or painted signs or multiple media displays on or in transit vehicles or facilities for which space has been rented or leased from the owner of such transit vehicles or facilities.(B) "Multiple media display" means a device by which the message, image, or text is capable of electronic alteration by movement or rotation of panels or slats.(C) "Transit agency" means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state, including, but not limited to, the Department of Transportation, the Atlanta-region Transit Link "ATL" Authority, and the Georgia Rail Passenger Authority.(D) "Transit vehicles or facilities" means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services.(2) A transit agency may authorize the placement, erection, and maintenance of commercial advertisements on or in transit vehicles or facilities owned or operated by that transit agency and said placement of commercial advertisements shall not be considered conducting commercial enterprises or activities in violation of Code Section 32-6-115.(h) Multiple media displays authorized pursuant to this Code section other than those upon wayfinding kiosks shall comply with the operational standards for multiple message signs provided for in Part 2 of this article. No multiple media displays authorized pursuant to this Code section shall be required to comply with any spacing requirements provided for in such part and multiple media displays shall not be considered in regard to the spacing requirements provided for in Code Section 32-6-75 as to the placement of any multiple message sign.Amended by 2024 Ga. Laws 588,§ 3, eff. 7/1/2024.Amended by 2018 Ga. Laws 409,§ 4-13, eff. 5/3/2018.Amended by 2017 Ga. Laws 275,§ 32, eff. 5/9/2017.Amended by 2016 Ga. Laws 340,§ 1, eff. 7/1/2016.Amended by 2009 Ga. Laws 73,§ 2, eff. 7/1/2009.Amended by 2006 Ga. Laws 538,§ 3-10, eff. 7/1/2006.Amended by 2005 Ga. Laws 115,§ 3, eff. 7/1/2005.Amended by 2001SP Ga. Laws 2EX11, § 5, eff. 10/1/2001.