N.Y. Public Authorities Law § 361-a: 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 nine 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.