S T A T E O F N E W Y O R K
________________________________________________________________________
2150
2011-2012 Regular Sessions
I N A S S E M B L Y
January 14, 2011
___________
Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Transportation
AN ACT to amend the transportation law, in relation to requiring sign
properties, in cities having a population of one million or more, to
be licensed by the department of transportation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The transportation law is amended by adding a new section
2 23 to read as follows:
3 S 23. SIGN PROPERTY LICENSING; CERTAIN CITIES. 1. AS USED IN THIS
4 SECTION, THE FOLLOWING TERMS SHALL MEAN:
5 (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
6 (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT
7 NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES
8 AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY.
9 (C) "SIGN PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS-
10 CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
11 2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN A
12 CITY UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING LICENSE TO
13 THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE MAINTE-
14 NANCE OF A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE
15 TERM OF THE OUTDOOR ADVERTISING LICENSE ISSUED THEREFOR. NO CITY SHALL
16 IMPOSE ANY ADDITIONAL LICENSING REQUIREMENT FOR SIGN PROPERTIES OTHER
17 THAN THOSE CONTAINED IN THIS SECTION, AND THE PROVISIONS OF THIS SECTION
18 SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE.
19 3. AN OUTDOOR ADVERTISING LICENSE MAY BE ISSUED FOR A SIGN PROPERTY
20 UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE
21 DEPARTMENT. THE APPLICATION SHALL BE IN SUCH FORM AND INCLUDE SUCH
22 INFORMATION AS THE DEPARTMENT SHALL DETERMINE. IN ADDITION, EACH SUCH
23 APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE
24 AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05065-01-1
A. 2150 2
1 (A) FOR STATIC SIGN FACES:
2 (I) WITH A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:
3 THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
4 (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR MORE SQUARE FEET,
5 BUT LESS THAN SIX HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND
6 SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
7 (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO OR MORE SQUARE
8 FEET, BUT NOT MORE THAN ONE THOUSAND ONE HUNDRED SQUARE FEET: FOUR
9 DOLLARS PER SQUARE FOOT OF SURFACE AREA;
10 (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED SQUARE
11 FEET: FOUR DOLLARS AND TWENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE
12 AREA; OR
13 (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS PER SQUARE
14 FOOT OF SURFACE AREA; AND
15 (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
16 FOR AN OUTDOOR ADVERTISING LICENSE OR RENEWAL THEREOF, IF ACCEPTED BY
17 THE DEPARTMENT.
18 4. UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO
19 THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH THE DATE
20 AND TIME THE APPLICATION WAS RECEIVED. THE DEPARTMENT SHALL MAKE A
21 DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN ONE
22 HUNDRED EIGHTY DAYS OF THE RECEIPT THEREOF. ANY DETERMINATION WHICH
23 EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
24 5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF AN OUTDOOR
25 ADVERTISING LICENSE, UPON THE FILING OF A STATEMENT OF THE HOLDER OF
26 SUCH LICENSE, PROOF OF SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A
27 FEE OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTI-
28 TUTE LICENSE.
29 6. ANY OUTDOOR ADVERTISING COMPANY WHICH UTILIZES A SIGN PROPERTY
30 WHICH WAS ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT
31 TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
32 ENTITLED TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR SUCH
33 SIGN PROPERTY AS A MATTER OF RIGHT AND RENEWALS THEREOF IN ACCORDANCE
34 WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
35 BY THE DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO A SIGN
36 PROPERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE
37 OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN-
38 UE TO MAINTAIN THE SIGN PROPERTY.
39 S 2. This act shall take effect on the thirtieth day after it shall
40 have become a law.