Senate Bill S6100

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6100

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              July 27, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the public authorities law, in  relation  to  regulating
  the erection or maintenance of advertising devices in the metropolitan
  commuter transportation district

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1266-j to read as follows:
  S  1266-J.  RESTRICTION  AND  REGULATION  OF  ADVERTISING  DEVICES. 1.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE  ERECTION  OR  MAINTE-
NANCE  OF  ANY  ADVERTISING DEVICE LOCATED UPON ANY AUTHORITY FACILITIES
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 VEHI-
CLES, AND SHALL, WHERE SO DETERMINED BY THE AUTHORITY, INCLUDE A  STRUC-
TURE  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 SHALL WITHIN TWO HUNDRED SEVENTY DAYS FROM THE EFFEC-
TIVE DATE OF THIS SECTION ADOPT STANDARDS AND 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 METROPOLITAN  COMMUTER
TRANSPORTATION DISTRICT AND CONNECTING ROADS OR HIGHWAYS;
  (B)  TO  PREVENT  UNREASONABLE DISTRACTION OF OPERATORS OF MOTOR VEHI-
CLES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14575-01-9

              

S. 6100                             2

  (C) TO PREVENT CONFUSION WITH  REGARD  TO  TRAFFIC  LIGHTS,  SIGNS  OR
SIGNALS  OR  OTHERWISE INTERFERE WITH THE EFFECTIVENESS OF TRAFFIC REGU-
LATIONS;
  (D) TO PRESERVE AND ENHANCE THE NATURAL SCENIC BEAUTY OR THE AESTHETIC
FEATURES  OF THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AND ADJA-
CENT AREAS;
  (E) TO PROMOTE MAXIMUM SAFETY, COMFORT AND WELL-BEING OF THE USERS  OF
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT SERVICES.
  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  METROPOLITAN  COMMUTER  TRANSPORTATION
DISTRICT  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 IN PARTICULAR
SECTIONS  OR  PORTIONS  OF  THE  METROPOLITAN  COMMUTER   TRANSPORTATION
DISTRICT.
  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  ESTAB-
LISHED  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  HERE-
UNDER.  ANY  ADVERTISING  DEVICE  ERECTED  OR MAINTAINED AFTER SEPTEMBER
FIRST, TWO THOUSAND TEN 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 HIGHWAY OR CONTRAVENE ANY OF THE  OTHER  STAND-
ARDS SET FORTH IN THIS SECTION, INCLUDING BUT NOT LIMITED TO:
  (A) ADVERTISING DEVICES WHICH ARE TO BE ERECTED OR MAINTAINED ON PROP-
ERTY 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 PROP-
ERTY, 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 METROPOLITAN COMMUTER TRANSPORTATION DISTRICT.

S. 6100                             3

  (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 MAIN-
TAINED 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.
  S 2. This act shall take effect immediately.