Assembly Bill A4356A

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

                                 4356--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Tourism, Parks, Arts and Sports Development --  reference
  changed  to  the  Committee  on  Transportation  -- recommitted to the
  Committee on Transportation in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:

  Section 1. The transportation law is amended by adding a  new  section
23 to read as follows:
  S  23.  SIGN  PROPERTY  LICENSING;  CERTAIN CITIES. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL MEAN:
  (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT
NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES
AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY.
  (C) "SIGN PROPERTY" MEANS AND INCLUDES BILLBOARDS,  BULLETINS,  WALLS-
CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN.
  2.  NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN A
CITY UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING  PERMIT  TO
THE  COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE MAINTE-
NANCE OF A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED  DURING  THE
TERM  OF  THE  OUTDOOR  ADVERTISING PERMIT ISSUED THEREFOR.  CITY RESOL-
UTIONS, LOCAL LAWS, AND ORDINANCES,  INCLUDING  ZONING  LAWS  AND  REGU-
LATIONS, RELATIVE TO THE LOCATION, SITING, OR USE OF A SIGN PROPERTY ARE
HEREBY PREEMPTED, AND A SIGN PROPERTY MAY BE INSTALLED AND/OR MAINTAINED
UPON  RECEIPT OF A PERMIT ISSUED BY THE DEPARTMENT.  NOTWITHSTANDING THE
TERMS OF THIS PROVISION, NOTHING IN THIS SECTION SHALL BE INTERPRETED TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02238-02-6
              

A. 4356--A                          2

PREVENT ENFORCEMENT BY THE NEW YORK CITY DEPARTMENT OF BUILDINGS OF  ITS
LICENSING REQUIREMENTS AND ANY OTHER RULES AND REGULATIONS PERTAINING TO
WORK  REQUIRED  FOR  THE  INSTALLATION,  MAINTENANCE, OR REMOVAL OF SIGN
STRUCTURES AND EQUIPMENT.
  3.  AN  OUTDOOR  ADVERTISING LICENSE MAY BE ISSUED FOR A SIGN PROPERTY
UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE
DEPARTMENT. THE APPLICATION SHALL BE  IN  SUCH  FORM  AND  INCLUDE  SUCH
INFORMATION  AS  THE  DEPARTMENT SHALL DETERMINE. IN ADDITION, EACH SUCH
APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE
AS FOLLOWS:
  (A) FOR STATIC SIGN FACES:
  (I) WITH A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY  SQUARE  FEET:
THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA;
  (II)  WITH  A  SURFACE AREA OF TWO HUNDRED TWENTY OR MORE SQUARE FEET,
BUT LESS THAN SIX HUNDRED SEVENTY-TWO SQUARE  FEET:  THREE  DOLLARS  AND
SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA;
  (III)  WITH  A  SURFACE AREA OF SIX HUNDRED SEVENTY-TWO OR MORE SQUARE
FEET, BUT NOT MORE THAN ONE  THOUSAND  ONE  HUNDRED  SQUARE  FEET:  FOUR
DOLLARS PER SQUARE FOOT OF SURFACE AREA;
  (IV)  WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED SQUARE
FEET: FOUR DOLLARS AND TWENTY-FIVE CENTS  PER  SQUARE  FOOT  OF  SURFACE
AREA; OR
  (B)  FOR  DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS PER SQUARE
FOOT OF SURFACE AREA; AND
  (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION
FOR AN OUTDOOR ADVERTISING LICENSE OR RENEWAL THEREOF,  IF  ACCEPTED  BY
THE DEPARTMENT.
  4.  UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO
THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH  THE  DATE
AND  TIME  THE  APPLICATION  WAS  RECEIVED.  THE DEPARTMENT SHALL MAKE A
DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN  ONE
HUNDRED  EIGHTY  DAYS  OF  THE  RECEIPT THEREOF. ANY DETERMINATION WHICH
EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL.
  5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF  AN  OUTDOOR
ADVERTISING  LICENSE,  UPON  THE  FILING OF A STATEMENT OF THE HOLDER OF
SUCH LICENSE, PROOF OF SUCH FACTS AS THE DEPARTMENT MAY  REQUIRE  AND  A
FEE  OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTI-
TUTE LICENSE.
  6. ANY OUTDOOR ADVERTISING COMPANY  WHICH  UTILIZES  A  SIGN  PROPERTY
WHICH  WAS  ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT
TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE
ENTITLED TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR  SUCH
SIGN  PROPERTY  AS  A MATTER OF RIGHT AND RENEWALS THEREOF IN ACCORDANCE
WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION
BY THE DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO  A  SIGN
PROPERTY  IN  EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE
OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN-
UE TO MAINTAIN THE SIGN PROPERTY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.