§ 361-A — Restriction and regulation of advertising devices

§ 361-a. Restriction and regulation of advertising devices. 1. Except\nas otherwise provided in this section, the erection or maintenance of\nany advertising device located within six hundred sixty feet of the\nnearest edge of the right-of-way of the thruway without a written permit\ntherefor granted by the authority pursuant to this section is\nprohibited.\n 2. The term "advertising device" as used in this section shall include\nany billboard, sign, notice, poster, display or other device intended to\nattract or which does attract the attention of operators of motor\nvehicles on the thruway, and shall, where so determined by the\nauthority, include a structure erected or used in connection with the\ndisplay of any such device and all lighting or other attachments used in\nconjunction therewith.\n 3. The authority may from time to time adopt, modify, amend or repeal\nregulations governing the issuance of permits or renewals thereof for\nthe erection and maintenance of advertising devices. Such regulations\nshall be designed to effectuate the general purposes of this article and\nthe specific objectives and standards hereinafter set forth:\n (a) To provide for maximum visibility along the thruway system and\nconnecting roads or highways;\n (b) To prevent unreasonable distraction of operators of motor\nvehicles;\n (c) To prevent confusion with regard to traffic lights, signs or\nsignals or otherwise interfere with the effectiveness of traffic\nregulations;\n (d) To preserve and enhance the natural scenic beauty or the aesthetic\nfeatures of the thruway system and adjacent areas;\n (e) To promote maximum safety, comfort and well-being of the users of\nthe thruway.\n 4. To effectuate the purposes of this section, the authority may limit\nthe application of any regulation adopted hereunder to exclude or\ninclude, in whole or in part:\n (a) Specified areas of the thruway system based upon use, population\ndensity, nature of the surrounding community, special conditions\nprevailing therein, or such other factors as may make differentiation or\nseparate classification or regulation necessary, proper or desirable;\n (b) Particular types or classes of advertising devices based upon\nsize, design, lighting or such other factors as may make differentiation\nor separate classification or regulation necessary, proper or desirable;\n (c) The erection or maintenance of advertising devices on particular\nsections or portions of the thruway system.\n (d) Notwithstanding any contrary provisions of this section, the\nauthority shall permit the erection of not more than nine advertising\nbillboard signs in the city of New Rochelle along interstate route\nninety-five where the location and erection of such signs are:\n (1) consistent with and part of an urban renewal program which\ndecreases the total number of advertising billboard signs in the renewal\narea;\n (2) approved by such city;\n (3) part of the subject of a United States District Court settlement\norder regarding the regulation of such signs within such city; and\n (4) consistent with the size, lighting, spacing and all other\nrequirements of federal law, including those established in the\nagreements entered into by the state pursuant to sections eighty-six and\neighty-eight of the highway law.\n 5. Application for permits or renewals thereof shall be on forms\nprescribed by the authority and shall contain such information as the\nauthority may require. The authority may by regulation adopt, modify,\namend or repeal permit application fees, annual permit fees and permit\nrenewal fees, provided, however, that such fees shall not exceed the\nadvertising device fees established by regulation by the commissioner of\ntransportation. Each permit shall be valid for a period to be\nestablished by the authority and may be renewed from time to time for\nsuch periods, as established by the authority, within thirty days of the\nexpiration date thereof upon payment to the authority of the renewal\nfee.\n 6. The permit or renewal thereof shall be revocable at any time on\nthirty days notice to the permittee in the event of a violation of the\nrequirements of this section or any regulation lawfully adopted\nhereunder. Any advertising device erected or maintained after September\nfirst, nineteen hundred fifty-two in violation of this section or any\nregulation adopted hereunder is hereby declared to be, and is, a public\nnuisance and such device may without notice be abated and removed by any\nofficer or employee of the authority, or upon request of the authority,\nby any peace officer acting pursuant to his special duties, or police\nofficer.\n 7. The authority by regulation may exclude from the coverage of this\nsection advertising devices which it finds do not interfere with safety\non the thruway system or contravene any of the other standards set forth\nin this section, including but not limited to\n (a) Advertising devices which are to be erected or maintained on\nproperty for the purpose of setting forth or indicating\n (1) The name and address of the owner, lessee or occupant of such\nproperty, or\n (2) The name or type of business or profession conducted on such\nproperty, or\n (3) Information required or authorized by law to be posted or\ndisplayed thereon.\n (b) Advertising devices which are not visible from any traveled\nportion of the thruway system;\n (c) Advertising devices indicating the sale or leasing of the property\nupon which they are placed.\n (d) Directional or other official signs and signals erected or\nmaintained by the state or other public agency having jurisdiction.\n 8. Nothing in this section shall apply with respect to any property\nwhich is owned or leased by the state of New York or any agency thereof\nor with respect to which the state of New York or any agency thereof has\nor shall have a valid easement or covenant with the owner thereof\nconcerning the restriction, removal or prohibition of advertising\ndevices.\n 9. Nothing in this section shall be construed to abrogate or affect\nthe provisions of any municipal ordinance, regulation or resolution\nwhich are more restrictive concerning advertising devices than the\nprovisions of this section or of the regulations adopted hereunder.\n