S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3252
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 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:
 
   Section  1.  The transportation law is amended by adding a new section
 23 to read as follows:
   § 23. SIGN PROPERTY LICENSING; CERTAIN CITIES.  1.  AS  USED  IN  THIS
 SECTION, THE FOLLOWING TERMS SHALL MEAN:
   (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT
 NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES
 AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY.
   (C)  "SIGN  PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS-
 CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
   2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN  A
 CITY  UNLESS  THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING PERMIT TO
 THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE  MAINTE-
 NANCE  OF  A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE
 TERM OF THE OUTDOOR ADVERTISING PERMIT ISSUED  THEREFOR.    CITY  RESOL-
 UTIONS,  LOCAL  LAWS,  AND  ORDINANCES,  INCLUDING ZONING LAWS AND REGU-
 LATIONS, RELATIVE TO THE LOCATION, SITING, OR USE OF A SIGN PROPERTY ARE
 HEREBY PREEMPTED, AND A SIGN PROPERTY MAY BE INSTALLED AND/OR MAINTAINED
 UPON RECEIPT OF A PERMIT ISSUED BY THE DEPARTMENT.  NOTWITHSTANDING  THE
 TERMS OF THIS PROVISION, NOTHING IN THIS SECTION SHALL BE INTERPRETED TO
 PREVENT  ENFORCEMENT BY THE NEW YORK CITY DEPARTMENT OF BUILDINGS OF ITS
 LICENSING REQUIREMENTS AND ANY OTHER RULES AND REGULATIONS PERTAINING TO
 WORK REQUIRED FOR THE INSTALLATION,  MAINTENANCE,  OR  REMOVAL  OF  SIGN
 STRUCTURES AND EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00883-01-7

 A. 3252                             2
 
   3.  AN  OUTDOOR  ADVERTISING LICENSE MAY BE ISSUED FOR A SIGN PROPERTY
 UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE
 DEPARTMENT. THE APPLICATION SHALL BE  IN  SUCH  FORM  AND  INCLUDE  SUCH
 INFORMATION  AS  THE  DEPARTMENT SHALL DETERMINE. IN ADDITION, EACH SUCH
 APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE
 AS FOLLOWS:
   (A) FOR STATIC SIGN FACES:
   (I)  WITH  A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:
 THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
   (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR  MORE  SQUARE  FEET,
 BUT  LESS  THAN  SIX  HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND
 SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
   (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO  OR  MORE  SQUARE
 FEET,  BUT  NOT  MORE  THAN  ONE  THOUSAND ONE HUNDRED SQUARE FEET: FOUR
 DOLLARS PER SQUARE FOOT OF SURFACE AREA;
   (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED  SQUARE
 FEET:  FOUR  DOLLARS  AND  TWENTY-FIVE  CENTS PER SQUARE FOOT OF SURFACE
 AREA; OR
   (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS  PER  SQUARE
 FOOT OF SURFACE AREA; AND
   (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
 FOR  AN  OUTDOOR  ADVERTISING LICENSE OR RENEWAL THEREOF, IF ACCEPTED BY
 THE DEPARTMENT.
   4. UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT  TO
 THIS  SECTION,  THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH THE DATE
 AND TIME THE APPLICATION WAS  RECEIVED.  THE  DEPARTMENT  SHALL  MAKE  A
 DETERMINATION  OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE  RECEIPT  THEREOF.  ANY  DETERMINATION  WHICH
 EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
   5.  IN  THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF AN OUTDOOR
 ADVERTISING LICENSE, UPON THE FILING OF A STATEMENT  OF  THE  HOLDER  OF
 SUCH  LICENSE,  PROOF  OF SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A
 FEE OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR  SUBSTI-
 TUTE LICENSE.
   6.  ANY  OUTDOOR  ADVERTISING  COMPANY  WHICH UTILIZES A SIGN PROPERTY
 WHICH WAS ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION  PURSUANT
 TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
 ENTITLED  TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR SUCH
 SIGN PROPERTY AS A MATTER OF RIGHT AND RENEWALS  THEREOF  IN  ACCORDANCE
 WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
 BY  THE  DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO A SIGN
 PROPERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS  SECTION,  THE
 OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN-
 UE TO MAINTAIN THE SIGN PROPERTY.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.