Bill Text: NY S01141 | 2015-2016 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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) 2016-02-22 - PRINT NUMBER 1141A [S01141 Detail]
Download: New_York-2015-S01141-Introduced.html
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) 2016-02-22 - PRINT NUMBER 1141A [S01141 Detail]
Download: New_York-2015-S01141-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1141 2015-2016 Regular Sessions I N S E N A T E January 8, 2015 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed 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. LBD02238-01-5 S. 1141 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.