Tourist-oriented directional signs

Tourist-oriented directional signs. (1) Signs permitted. The department and local authorities that have adopted an enabling ordinance may authorize the erection and maintenance of tourist-oriented directional signs within highways under their jurisdiction subject to the provisions of s. 86.196 , Stats., and the following restrictions: (a) No tourist-oriented directional sign may be erected or maintained by an applicant. (b) No tourist-oriented directional sign may be erected or maintained for any business that has a guidance sign erected on a right-of-way under s. Trans 200.03 on the same road, in the same direction, unless the guidance sign is removed before the tourist-oriented directional sign is erected. (c) No tourist-oriented directional sign may be installed or maintained directing to a tourist-oriented business, service or activity that is located within an urban area as defined by s. 86.196 (1) (c) , Stats. (d) No tourist-oriented directional sign may be erected or maintained that fails to conform with s. 86.19 , 86.191 , 86.196 or 346.41 , Stats., or rules implementing or interpreting these statutes, as determined by the department. (e) No tourist-oriented directional sign may be erected or maintained if the applicant has an outdoor advertising sign for the same business, service or activity in violation of s. 84.30 , Stats., or ch. Trans 201 . (f) Any person permitted to have a tourist-oriented directional sign shall provide for the installation and maintenance of any supplemental signing deemed necessary by the department to guide traffic to the tourist-oriented business, service or activity. (g) 1. No tourist-oriented directional sign may be erected on a conventional state trunk highway directing to a tourist-oriented business, service or activity that is located on a freeway, expressway or any other conventional state trunk highway. Local authorities may adopt similar restrictions with reference to highways under their jurisdiction. 2. No tourist-oriented directional sign may be erected on an expressway directing to a tourist-oriented business, service or activity that is located on a freeway or any other expressway. (h) No intersection tourist-oriented directional assembly may be erected or maintained at a location such that there exists another intersection between the assembly and the intersection at which the assembly applies. The department may authorize advance tourist-oriented directional assemblies in accordance with sub. (6) (d) and (e) at locations where 2 intersections are so closely spaced that it is not practical to install intersection tourist-oriented directional assemblies between the 2 intersections. (i) The location of an existing official traffic control device, or the need for a new device, shall take precedence over the location of a tourist-oriented directional sign, either existing or proposed. (j) The department reserves the right to require the relocation or removal of tourist-oriented directional signs, if necessary, for the safety of the traveling public, to install official traffic signs at or in the vicinity of existing tourist-oriented directional signs. (k) When there are more tourist-oriented directional signs requested than the number that may be permitted, priority shall be given in the following order: 1. The businesses, services or activities with existing permitted tourist-oriented directional signs. 2. Businesses, services or activities with the earliest received application. Applications received on the same day will be considered received simultaneously. 3. The business, service or activity that is nearest the highway on which the tourist-oriented directional sign is located. (L) Any tourist-oriented directional sign for a business, service or activity operated on a seasonal basis shall be removed during off-seasons. The permittee shall notify the department or its contractor not less than 15 calendar days before the closing and reopening date. (m) No tourist-oriented directional sign may be erected or maintained: 1. That does not meet department specifications. 2. That has an objectionable appearance as determined by the department due to accident, vandalism, fading, deterioration or other causes. 3. That fails to conform with Wisconsin or federal statutes or rules. 4. In violation of an order of the department or any court of competent jurisdiction. 5. For any business service or activity that fails to conform with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin. 6. If the business, service or activity does not meet pertinent health and other administrative regulations including, but not limited to, licensure by an appropriate agency. 7. Until an investigation by the department determines that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices. 8. Which displays the hours of operation or dates of operation, if seasonal, of the business, service or activity. 9. To direct to a business, service or activity that is located on the same highway on which tourist-oriented directional signs are requested. (n) Tourist-oriented directional sign removal shall not be stayed by filing any appeal of the department’s decision or order to remove a tourist-oriented directional sign. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54 , Stats. (o) Tourist-oriented directional sign removal shall not affect a sign requestor’s liability for any unpaid fees, interest and costs of collection as determined by the department. (2) Businesses, services, activities permitted. In order to qualify for a tourist-oriented directional sign, the business, service or activity: (a) Shall be conducted in an appropriate area or in a building appropriately designed for the purpose and shall be open to the public; (b) May not be conducted in a building principally used as a residence unless there is a convenient, separate and well-marked entrance leading to the business, service or activity; (c) Shall be maintained in a manner consistent with standards generally accepted for that type of business, service or activity; (d) Shall be of significant interest to the traveling public to the extent that 50% or more of its annual visitors or its annual gross income is derived from customers residing outside the immediate area in which the business, service or activity is located; and (e) Shall qualify under one of the following categories: 1. Gas. Services provided shall conform with provisions of s. 86.195 (3) (a) , Stats. 2. Food. Services provided shall conform with provisions of s. 86.195 (3) (b) , Stats. 3. Lodging. Services provided shall conform with provisions of s. 86.195 (3) (c) , Stats. 4. Camping. Services provided shall conform with provisions of s. 86.195 (3) (d) , Stats. 5. Tourist attraction. A tourist attraction shall: a. Be of significant interest to the traveling public; b. Be open a minimum of 8 hours per day, and 5 days per week, if the highway on which the tourist-oriented directional sign is located is a state trunk highway; c. Be in operation the greater part of 3 consecutive months, if the highway on which the tourist-oriented directional sign is located is a state trunk highway; and d. Be licensed or approved if required. (3) Advisory council. The department may appoint an advisory council under ss. 15.04 (1) (c) and 15.09 , Stats., to review applications for tourist-oriented directional signs on the state trunk highway system in the tourist attraction category and for “ATTRACTION” category signs under s. Trans 200.06 . This 7 member council shall include representatives from the tourism industry, department of tourism, department of safety and professional services, and other organizations as determined by the department and shall make recommendations to the department to approve or deny applications. The department shall make the final decision on applications. The department shall furnish to the advisory council minimum criteria and requirements for the uniform evaluation and assessment of applications. The department, in collaboration with the advisory council, may make revisions to the application evaluation criteria if at any time it is apparent that the criteria or implementation process are inequitable to the applicants or that the signing itself creates operational or safety concerns. The advisory council shall meet as needed to consider and make recommendations on applications received by the department. The department may act on any application not acted upon by the advisory council within 60 days of forwarding of the application to the council. Members of the advisory council will not be compensated for their services or reimbursed for their expenses, except the department may reimburse private citizen members in hardship cases for actual and necessary expenses incurred in the performance of their duties. (4) Application, permit and renewal procedure. (a) The department shall provide forms for tourist-oriented directional sign applications at its region offices. Completed applications shall be submitted to the region office for the region where the tourist-oriented directional sign is to be located. Each applicant shall provide all information required on the department’s application form. If the application for the tourist-oriented directional sign is denied, the application fee shall be returned. (b) Each applicant shall give written assurance on its application to the department that the applicant’s business, service or activity conforms with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin. (c) Each applicant shall indicate on its application whether its business, service or activity is seasonal and the closing and opening dates of the business if seasonal. The applicant shall give assurance to the department that it will provide prior notification of at least 15 calendar days to the region office of the region in which the tourist-oriented directional sign is located of any change in seasonal dates. (d) Each applicant shall state on its application that it shall furnish the department, upon granting of the permit, the legend and directional information meeting the department’s specifications for tourist-oriented directional signs. (e) If a tourist-oriented directional sign application is approved, the application fee of $20.00 per year for each year of the initial 5-year period of the tourist-oriented directional sign program shall be retained by the department for administrative costs and routine inspection. Renewal of the permit shall be subject to review and approval or denial by the department and the department shall re-evaluate the fee during the 5-year period and shall establish a new fee to cover costs in order to comply with s. 86.196 (2) (c) , Stats. (f) The business, service or activity for which a tourist-oriented directional sign is requested shall be the applicant’s and the permit shall be issued to the applicant. (g) In lieu of the application and permit renewal procedure under pars. (a) to (f) , the department may enter into a contract or contracts with a private contractor or contractors that specify substantially similar application and permit renewal procedures. (h) Notwithstanding any prior grant or renewal of a tourist-oriented directional sign permit, the renewal of the permit shall not be granted, or the permit previously granted shall be revoked for any one of the following reasons: 1. If the qualified business, service or activity fails to provide the services required to qualify for a tourist-oriented directional sign so as to justify a finding that the business, service or activity is not in substantial compliance with this section; 2. If the qualified business, service or activity fails during its normal business season to open for business for more than 7 consecutive days, or for more than 10 days cumulatively, during any one-month period, unless the department finds that such closure was beyond the control of the owner or responsible operator or that the closure was justified by extenuating circumstances. (i) If, due to fire, accident or similar cause, a qualified business, service or activity becomes inoperable for an extended period of time, exceeding 7 days, but not more than 90 days, its tourist-oriented directional sign shall be temporarily removed but shall not lose its priority. Under these circumstances, it shall be unnecessary to reapply prior to the normal time for a permit renewal. Further extensions may be granted if good cause is shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the tourist-oriented directional sign and will require a new permit application. (j) All tourist-oriented directional sign permits may be canceled by the department on 30 days written notice; except that when good cause is shown, a permit may be canceled with 10 days written notice.