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May 27, 2008
Dear Concerned Citizens and Friends,
Prior to my June 11, 2008 trial I am asking for some help contacting the Commonwealth of Virginia and Arlington County to request that they enforce the existing laws prohibiting illegal signs.
The Virginia Department of Transportation (VDOT) operates the Adopt-a-Highway Program and wholeheartedly supports its volunteers in conducting their litter pickups. By law, and as a matter of VDOT policy, the Adopt-a-Highway volunteers are authorized to clear the highway right-of-way of all prohibited signs, including what are known as “Popsicle Signs”.
33.1-373 of the Highway laws of Virginia states, in part, that, “Any person who … puts, places or affixes any advisement upon or to any - within the limits of any highway shall be assessed a civil penalty of $100. Each occurrence shall be subject to a separate penalty…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 Commonwealth Transportation Commissioner or his representatives without notice.
33.1-369, 33.1-353 and others in 33.1 address this issue. Failure of VDOT to provide “effective control” of outdoor advertising on and off of state-rights-of-way would result in Federal Highway Administration invoking 23 U.S.C. 131 (b) and withhold $130 million of Virginia’s federal transportation apportionment annually.
Drive down any road in Northern Virginia and one can see “effective control” of illegal signs is not very effective.
Please contact:
Jo Anne Maxwell
Senior Assistant Attorney General
Office of the Attorney General
900 East Main Street
Richmond, VA 23219
804-786-7759
jmaxwell@oag.state.va.us
Let her know your concern about the lack of enforcement of the Highway laws of Virginia.
From Arlington County Zoning code SECTION 34. NAMEPLATES, SIGNS, AND OTHER DISPLAYS OR DEVICES TO DIRECT, IDENTIFY,AND INFORM:
C. Prohibited Signs.
The following types of signs are prohibited and shall not be permitted by variance:
8. Any sign that violates any provision of any law of the Commonwealth of Virginia or the United
States relating to outdoor advertising.
And:
9. Unlighted directional real estate "for rent" or "sale" signs, not exceeding one and one-half (1 1/2)
square feet in area, are permitted on public property, as follows, provided that such real estate
directional signs are displayed only from sundown on Friday to sundown on Sundays and on legal
holidays. Not more than one (1) sign for each real estate agency shall be displayed in any one (1)
street intersection on that portion of the public right-of-way adjacent to a street, road, highway or
sidewalk but not on utility poles or trees, landscaped beautification area, traffic circle, control
device, sign, or any paved portion of a pedestrian refuge area, nor on or adjacent to any other
public lands such as school sites, recreation fields, parks, and parkways. Each such directional
"for rent" or "sale" sign posted on public right-of-way shall contain the name of the real estate
company or agency which caused the sign to be posted. Such signs shall not be placed in such a
fashion as to constitute a "vision obstruction" at street intersections as specified in Section 32 of
this ordinance.
How often have you been or Arlington roads and seen violations of these Zoning Regulations? Plus how often have you seen signs on private property or had them placed on your property?
Please contact:
Assistant Commonwealth's Attorney Frank Frio
Office of the Commonwealth’s Attorney
1425 North Courthouse Road, Suite 5200
Arlington, VA 22201
703-228-4410
ffrio@vacao.com
And let him know your concern for the lack of enforcement of Arlington County’s zoning code.
Thank you,
Robert Lauderdale
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