2006 New York Code - Registration Of Outdoor Advertising Companies.



 
    §  26-260  Registration  of  outdoor  advertising companies. a. On and
  after a date to be provided by rule, it shall be unlawful for an outdoor
  advertising company to engage in the outdoor advertising business or, by
  way of advertising, promotions or other  methods,  hold  itself  out  as
  engaging  in  the  outdoor  advertising  business unless such company is
  registered in  accordance  with  this  article  and  the  rules  of  the
  department. Such rules shall establish a procedure pursuant to which the
  department may require the single registration of an outdoor advertising
  company  and  its  affiliates.  An  outdoor  advertising company and its
  affiliates made subject to single registration  shall  be  considered  a
  single outdoor advertising company for purposes of this article.
    b.  Application  for registration or the renewal of registration shall
  be made on forms to be furnished by the department, may be made  through
  electronic  means,  and shall contain such information as the department
  shall prescribe. Registration shall remain in force for  two  years  and
  may  be  renewed.  The  fee for such registration and for the renewal of
  such registration shall be established by rule and may be based  on  the
  number of signs in the registered inventory.
    c.  Each  outdoor  advertising  company  shall  post a bond or provide
  another form of security to the city in an amount to  be  determined  by
  the department by rule to cover:
    (1)  all  costs  incurred  by the city pursuant to section 26-127.3 of
  this code for painting over, covering, rendering ineffective or for  the
  removal  and  storage  of  an  illegal  sign or sign structure under the
  control of such outdoor advertising company; and
    (2) all fines or civil penalties imposed against such company pursuant
  to this article.
    d.  The  department  may  revoke,  suspend  or  refuse  to  renew  the
  registration  of an outdoor advertising company or impose fines or other
  penalties where it is determined by the commissioner, after  notice  and
  the  opportunity  to be heard, that (i) such company has made statements
  that it knew or should have  known  are  false  in  any  application  or
  certification filed with the department, (ii) such company has failed to
  comply  with  subdivision  a of section 26-261 of this code or the rules
  adopted pursuant to its provisions by  failing  to  file  a  listing  of
  signs, sign structures and sign locations under its control as specified
  in such section within the time and in the manner required by department
  rules  or  by filing an incomplete listing of signs, sign structures and
  sign locations under its control as specified  in  such  section,  (iii)
  such  company has been found liable for or has admitted to violations of
  the zoning resolution under section 26-262 of  this  code  committed  on
  three  or  more  occasions  within a thirty-six month period, where such
  violations relate to the erection,  maintenance,  attachment,  affixing,
  painting,  or  representation  in  any  other  manner  on  a building or
  premises of advertising signs, as defined in section 12-10 of the zoning
  resolution, at locations where the display of such advertising signs  is
  not  permitted  under  the  zoning resolution, or at locations where the
  display  of  such  advertising  signs  violate  the  size,  height,   or
  illumination  provisions  of  the  zoning resolution, and such signs are
  located within a distance of nine hundred linear feet  from  and  within
  view  of  an arterial highway or within two hundred linear feet from and
  within view of a public park with an area of one half acre or more, (iv)
  such company has failed to pay any civil penalties imposed  pursuant  to
  section  26-262 or amounts owed to the city pursuant to section 26-127.3
  of this code or, (v) such company has violated  the  department's  rules
  pertaining   to   outdoor  advertising  companies.  No  application  for
  registration by an outdoor advertising company or any affiliate  thereof
  shall  be  accepted  for  filing  by the department for a period of five

years after revocation of or the refusal to renew the registration of such outdoor advertising company pursuant to this subdivision. The department shall not accept or process any applications for permits to install, erect or alter signs pursuant to section 27-147, 27-148 and article sixteen of sub-chapter one of title twenty-seven of this code or for the maintenance of signs pursuant to section 26-253 where such applications are filed by or where such signs are under the control of an outdoor advertising company or any affiliate thereof after the registration of such outdoor advertising company has been revoked or not renewed or during the term of any period of suspension of such registration. The commissioner may settle any proceeding in which the revocation, suspension or renewal of an outdoor advertising company's registration is at issue upon such terms and conditions as he or she may deem appropriate including but not limited to the agreement of an outdoor advertising company to remove signs along with supporting sign structures as a condition for the dismissal of such proceeding.

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