2006 New York Code - Criminal And Civil Penalties For Violations By Outdoor Advertising Companies; Other Enforcement.

 
    §  26-262  Criminal  and  civil  penalties  for  violations by outdoor
  advertising companies; other enforcement.  a.  (1)  Notwithstanding  any
  other  provision  of law, an outdoor advertising company shall be liable
  for a civil penalty if a  sign  under  its  control  has  been  erected,
  maintained,  attached,  affixed,  painted  on,  or  in  any other manner
  represented on a building or premises in violation of any  provision  of
  the  zoning  resolution,  administrative  code or rules adopted pursuant
  thereto relating to signs.
    (2) It shall be unlawful for an outdoor advertising company  to  sell,
  lease,  market,  manage  or  otherwise  make  available  to  others  for
  advertising purposes space on a sign that has been erected,  maintained,
  attached,  affixed,  painted  on or in any other manner represented on a
  building or premises  in  violation  of  any  provision  of  the  zoning
  resolution,  administrative code or rules adopted pursuant thereto or to
  enter into any agreement for such purpose.
    (3) On and after a date to be provided by rule, it shall  be  unlawful
  for an outdoor advertising company to sell or otherwise transfer control
  of  a  sign  or  sign  location or of any right of such company to sell,
  lease, market, manage or otherwise make space on a sign  or  at  a  sign
  location  available  to  others  for  advertising purposes to an outdoor
  advertising company that is  not  registered  in  accordance  with  this
  article and the rules of the department.
    (4) An outdoor advertising company that violates any of the provisions
  of  paragraphs one, two or three of this subdivision shall be subject to
  a civil penalty of,  for  a  first  violation,  not  more  than  fifteen
  thousand  dollars  and,  for  a second or subsequent violation, not more
  than twenty-five thousand dollars.
    (5) Notwithstanding any inconsistent  provision  of  law,  an  outdoor
  advertising  company shall, upon being found guilty, be subject to fines
  or imprisonment or both pursuant to sections 26-126  or  26-248  of  the
  code if a sign under its control has been erected, maintained, attached,
  affixed, painted on, or in any other manner represented on a building or
  premises  in  violation  of  any  provision  of  the  zoning resolution,
  administrative code or rules adopted pursuant thereto relating to signs.
    b. On and after a date to be provided by rule, an outdoor  advertising
  company  that  engages in the outdoor advertising business or, by way of
  advertisement, promotion or other methods holds itself out  as  engaging
  in  the  outdoor  advertising  business  without  registering  with  the
  department pursuant to this article, or,  after  such  registration  has
  been  revoked or not renewed pursuant to subdivision d of section 26-260
  of this code  continues  to  engage  in  such  business  beyond  a  date
  specified  by  the commissioner in his or her determination to revoke or
  not renew, shall be guilty of a misdemeanor subject to  a  fine  not  to
  exceed  five  thousand dollars or a sentence of imprisonment of not more
  than one year or both such fine and imprisonment for  each  offense.  In
  the  case  of  a  continuing violation each day's continuance shall be a
  separate and distinct violation. Such company shall also be liable for a
  civil penalty of, for a first violation, not more than fifteen  thousand
  dollars  and,  for  a  second  or  subsequent  violation,  not more than
  twenty-five thousand dollars. Each day's continuance shall be a separate
  and distinct violation.
    c. Civil penalties may be recovered in  an  action  in  any  court  of
  appropriate  jurisdiction  or  in  a proceeding before the environmental
  control board. Such board shall have  the  power  to  impose  the  civil
  penalties  provided  for in this section. Notwithstanding the provisions
  of section six hundred sixty-six of the charter, a notice  of  violation
  issued  by  the department pursuant to this article shall not be subject
  to review by the board of standards and appeals.


    d. On and after a date to be provided by rule, it shall be unlawful to
  erect, maintain, attach,  affix,  paint  on,  or  in  any  other  manner
  represent  on  a building or premises any sign that is under the control
  of an unregistered outdoor advertising company. In addition to or as  an
  alternative  to any other remedies or penalties provided under any other
  provision of law, the commissioner may commence  a  proceeding  for  the
  removal  of  such  sign or its sign structure or both in accordance with
  the procedures set forth in  section  26-127.3  of  this  code  for  the
  abatement  of  a  nuisance and any such sign and its structure is hereby
  declared to be a public nuisance pursuant thereto. All of the provisions
  of section 26-127.3 shall apply to the removal of  a  sign  pursuant  to
  this  section  except  that  a sign under the control of an unregistered
  outdoor advertising company may be removed  whether  or  not  it  is  in
  compliance  with the zoning resolution, the administrative code or rules
  adopted pursuant thereto, and irrespective of whether it has  a  surface
  area greater than two hundred square feet.
    e.  Notwithstanding  any  other  provision  of law to the contrary, an
  outdoor advertising company, or any affiliate  thereof,  that  has  been
  found  guilty of a misdemeanor or liable for a civil penalty pursuant to
  subdivision b of this section or whose  registration  has  been  revoked
  pursuant  to  subdivision  d  of  section  26-260  of this code shall be
  considered ineligible for the award of any city franchise or concession,
  and shall be prohibited from administering any  advertising  program  on
  behalf  of  a  city  franchisee  or concessionaire, for a period of five
  years following judgment or decision.