2006 New York Code - Restriction And Regulation Of Advertising Devices.

 
    §  361-a. Restriction and regulation of advertising devices. 1. Except
  as otherwise provided in this section, the erection  or  maintenance  of
  any  advertising  device  located  within  six hundred sixty feet of the
  nearest edge of the right-of-way of the thruway without a written permit
  therefor  granted  by  the  authority  pursuant  to  this   section   is
  prohibited.
    2. The term "advertising device" as used in this section shall include
  any billboard, sign, notice, poster, display or other device intended to
  attract  or  which  does  attract  the  attention  of operators of motor
  vehicles  on  the  thruway,  and  shall,  where  so  determined  by  the
  authority,  include  a  structure erected or used in connection with the
  display of any such device and all lighting or other attachments used in
  conjunction therewith.
    3. The authority may from time to time adopt, modify, amend or  repeal
  regulations  governing  the  issuance of permits or renewals thereof for
  the erection and maintenance of advertising  devices.  Such  regulations
  shall be designed to effectuate the general purposes of this article and
  the specific objectives and standards hereinafter set forth:
    (a)  To  provide  for  maximum visibility along the thruway system and
  connecting roads or highways;
    (b)  To  prevent  unreasonable  distraction  of  operators  of   motor
  vehicles;
    (c)  To  prevent  confusion  with  regard  to traffic lights, signs or
  signals  or  otherwise  interfere  with  the  effectiveness  of  traffic
  regulations;
    (d) To preserve and enhance the natural scenic beauty or the aesthetic
  features of the thruway system and adjacent areas;
    (e)  To promote maximum safety, comfort and well-being of the users of
  the thruway.
    4. To effectuate the purposes of this section, the authority may limit
  the application of  any  regulation  adopted  hereunder  to  exclude  or
  include, in whole or in part:
    (a)  Specified  areas of the thruway system based upon use, population
  density,  nature  of  the  surrounding  community,  special   conditions
  prevailing therein, or such other factors as may make differentiation or
  separate classification or regulation necessary, proper or desirable;
    (b)  Particular  types  or  classes  of advertising devices based upon
  size, design, lighting or such other factors as may make differentiation
  or separate classification or regulation necessary, proper or desirable;
    (c) The erection or maintenance of advertising devices  on  particular
  sections or portions of the thruway system.
    (d)  Notwithstanding  any  contrary  provisions  of  this section, the
  authority shall permit the erection of not  more  than  six  advertising
  billboard  signs  in  the  city  of  New Rochelle along interstate route
  ninety-five where the location and erection of such signs are:
    (1) consistent with  and  part  of  an  urban  renewal  program  which
  decreases the total number of advertising billboard signs in the renewal
  area;
    (2) approved by such city;
    (3)  part  of the subject of a United States District Court settlement
  order regarding the regulation of such signs within such city; and
    (4)  consistent  with  the  size,  lighting,  spacing  and  all  other
  requirements   of  federal  law,  including  those  established  in  the
  agreements entered into by the state pursuant to sections eighty-six and
  eighty-eight of the highway law.
    5. Application for permits or  renewals  thereof  shall  be  on  forms
  prescribed  by  the  authority and shall contain such information as the
  authority may require. The authority may by  regulation  adopt,  modify,
  amend  or  repeal permit application fees, annual permit fees and permit
  renewal fees, provided, however, that such fees  shall  not  exceed  the
  advertising device fees established by regulation by the commissioner of
  transportation.   Each  permit  shall  be  valid  for  a  period  to  be
  established by the authority and may be renewed from time  to  time  for
  such periods, as established by the authority, within thirty days of the
  expiration  date  thereof  upon  payment to the authority of the renewal
  fee.
    6. The permit or renewal thereof shall be revocable  at  any  time  on
  thirty  days  notice to the permittee in the event of a violation of the
  requirements  of  this  section  or  any  regulation  lawfully   adopted
  hereunder.  Any advertising device erected or maintained after September
  first, nineteen hundred fifty-two in violation of this  section  or  any
  regulation  adopted hereunder is hereby declared to be, and is, a public
  nuisance and such device may without notice be abated and removed by any
  officer or employee of the authority, or upon request of the  authority,
  by  any  peace  officer acting pursuant to his special duties, or police
  officer.
    7. The authority by regulation may exclude from the coverage  of  this
  section  advertising devices which it finds do not interfere with safety
  on the thruway system or contravene any of the other standards set forth
  in this section, including but not limited to
    (a) Advertising devices which are  to  be  erected  or  maintained  on
  property for the purpose of setting forth or indicating
    (1)  The  name  and  address  of the owner, lessee or occupant of such
  property, or
    (2) The name or type of  business  or  profession  conducted  on  such
  property, or
    (3)  Information  required  or  authorized  by  law  to  be  posted or
  displayed thereon.
    (b) Advertising devices  which  are  not  visible  from  any  traveled
  portion of the thruway system;
    (c) Advertising devices indicating the sale or leasing of the property
  upon which they are placed.
    (d)  Directional  or  other  official  signs  and  signals  erected or
  maintained by the state or other public agency having jurisdiction.
    8. Nothing in this section shall apply with respect  to  any  property
  which  is owned or leased by the state of New York or any agency thereof
  or with respect to which the state of New York or any agency thereof has
  or shall have a valid  easement  or  covenant  with  the  owner  thereof
  concerning  the  restriction,  removal  or  prohibition  of  advertising
  devices.
    9. Nothing in this section shall be construed to  abrogate  or  affect
  the  provisions  of  any  municipal  ordinance, regulation or resolution
  which are more  restrictive  concerning  advertising  devices  than  the
  provisions of this section or of the regulations adopted hereunder.