# Title 39 — Motor Vehicles

## Chapter 39-13 — Traffic Signs

### § 39-13-01. Uniform marking and erection of signs on highway.

Repealed by S.L. 1953, ch. 177, § 120.
### § 39-13-02. Local traffic signs.

Repealed by S.L. 1975, ch. 353, § 4.
### § 39-13-03. Local parking regulations not enforceable where sign illegible or not in

proper position.
Local parking and other special regulations are not enforceable against an alleged violator
if, at the time and place of the alleged violation, an appropriate sign giving notice thereof is not
in proper position and sufficiently legible to be seen by an ordinarily observant person.
### § 39-13-04. Traffic signs erected by unauthorized persons prohibited - Traffic signs

containing advertising prohibited.
Repealed by S.L. 1975, ch. 347, § 25.
### § 39-13-05. Injuring signs prohibited.

No person may deface, injure, knock down, or remove any sign posted as provided in this
chapter.
### § 39-13-06. Authority to adopt manual on uniform traffic-control devices.

The director shall adopt a manual and specifications for a uniform system of traffic-control
devices, consistent with the provisions of law, for use upon all highways and streets in this state.
Such uniform system must correlate with and so far as possible conform to the system set forth
in the most recent edition of the manual promulgated as a national standard by the federal
highway administrator.
### § 39-13-07. Uniform traffic-control devices on all streets and highways.

No traffic-control devices, including markings, signs, and signals, may be used on any street
or highway which do not conform to the standards of design and location as prescribed in the
manual and specifications for a uniform system of traffic-control devices. The director and local
authorities, on streets and highways under their respective jurisdiction, shall place such devices
as are deemed necessary to regulate, warn, and guide traffic.
### § 39-13-08. No traffic-control device to be manufactured or sold which does not

conform.
No person, firm, corporation, or limited liability company may sell or offer for sale to street
and highway authorities, and no such authorities may purchase or manufacture any
traffic-control device which does not conform to the manual unless specifically approved by the
director.
### § 39-13-09. Tourist-oriented directional signs.

1. In this section:
a. "Tourist-oriented directional sign" means a sign providing identification of and
directional information for tourist-related businesses, services, or activities.
b. "Tourist-related business, service, or activity" means rural agricultural business
and tourism attractions, including recreation, historical sites, festival and cultural
events, lodging and food services which are singularly and uniquely related to
historical, cultural, or recreational tourist attractions, and guide services, but does
not include any business operated under a franchise agreement. The term
includes a business that derives a major portion of income or visitors from
individuals who do not reside in the immediate area of the business. The

immediate area of the business is within the city limits in which the business is
located, or within one mile [1.61 kilometers] from the business if located outside
city limits.
2. Notwithstanding section 24-01-12, the department shall establish by rule standards for
the erection and maintenance of tourist-oriented directional signs. The rules must
conform to federal standards for tourist-oriented directional signs adopted under
23 U.S.C. 131(q) as of July 1, 1991, and with the manual adopted by the department
under section 39-13-06 except that the rules must provide that logos may not be used
on tourist-oriented directional signs.
3. Upon the request of any person, a local authority that has adopted an ordinance
permitting the erection of tourist-oriented directional signs may authorize their erection
within the right of way of any highway under the jurisdiction of the local authority
except that tourist-oriented directional signs may not be erected within the right of way
of the interstate highway system. A tourist-oriented directional sign may not be erected
unless it is erected in compliance with rules adopted by the department for such signs.
4. The permit applicant shall engage a qualified contractor for the erection, installation,
and maintenance of tourist-oriented directional signs within the right of way of any
highway under the jurisdiction of the department except that tourist-oriented directional
signs may not be erected within the right of way of the interstate highway system. A
tourist-oriented directional sign may not be erected unless it is erected in compliance
with rules adopted by the department for such signs.
