Bill Text: NY A02150 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires all outdoor advertising in cities of over 1,000,000 to be licensed by the department of transportation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A02150 Detail]

Download: New_York-2011-A02150-Introduced.html

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                           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.