Bill Text: NY S07612 | 2013-2014 | 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) 2014-05-15 - REFERRED TO TRANSPORTATION [S07612 Detail]

Download: New_York-2013-S07612-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7612
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       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:
   25    (A) FOR STATIC SIGN FACES:
   26    (I)  WITH  A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET:
   27  THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15149-01-4
       S. 7612                             2
    1    (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR  MORE  SQUARE  FEET,
    2  BUT  LESS  THAN  SIX  HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND
    3  SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
    4    (III)  WITH  A  SURFACE AREA OF SIX HUNDRED SEVENTY-TWO OR MORE SQUARE
    5  FEET, BUT NOT MORE THAN ONE  THOUSAND  ONE  HUNDRED  SQUARE  FEET:  FOUR
    6  DOLLARS PER SQUARE FOOT OF SURFACE AREA;
    7    (IV)  WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED SQUARE
    8  FEET: FOUR DOLLARS AND TWENTY-FIVE CENTS  PER  SQUARE  FOOT  OF  SURFACE
    9  AREA; OR
   10    (B)  FOR  DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS PER SQUARE
   11  FOOT OF SURFACE AREA; AND
   12    (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
   13  FOR AN OUTDOOR ADVERTISING LICENSE OR RENEWAL THEREOF,  IF  ACCEPTED  BY
   14  THE DEPARTMENT.
   15    4.  UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO
   16  THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH  THE  DATE
   17  AND  TIME  THE  APPLICATION  WAS  RECEIVED.  THE DEPARTMENT SHALL MAKE A
   18  DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN  ONE
   19  HUNDRED  EIGHTY  DAYS  OF  THE  RECEIPT THEREOF. ANY DETERMINATION WHICH
   20  EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
   21    5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF  AN  OUTDOOR
   22  ADVERTISING  LICENSE,  UPON  THE  FILING OF A STATEMENT OF THE HOLDER OF
   23  SUCH LICENSE, PROOF OF SUCH FACTS AS THE DEPARTMENT MAY  REQUIRE  AND  A
   24  FEE  OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTI-
   25  TUTE LICENSE.
   26    6. ANY OUTDOOR ADVERTISING COMPANY  WHICH  UTILIZES  A  SIGN  PROPERTY
   27  WHICH  WAS  ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT
   28  TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
   29  ENTITLED TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR  SUCH
   30  SIGN  PROPERTY  AS  A MATTER OF RIGHT AND RENEWALS THEREOF IN ACCORDANCE
   31  WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
   32  BY THE DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO  A  SIGN
   33  PROPERTY  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE
   34  OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN-
   35  UE TO MAINTAIN THE SIGN PROPERTY.
   36    S 2. This act shall take effect on the thirtieth day  after  it  shall
   37  have become a law.