NY Pub Auth L § 361-A (2021)
2021 New York Laws PBA - Public Authorities Article 2 - Park, Parkway and Highway Authorities Title 9 - New York State Thruway Authority 361-A - Restriction and Regulation of Advertising Devices.

§  361-a. Restriction and regulation of advertising devices. 1. Except as otherwise provided in this section, the erection  or  maintenance  of any  advertising  device  located  within  six hundred sixty feet of the nearest edge of the right-of-way of the thruway 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 vehicles  on  the  thruway,  and  shall,  where  so  determined  by  the authority,  include  a  structure 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 may from time to time adopt, modify, amend or  repeal 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 thruway system and connecting roads or highways;  (b)  To  prevent  unreasonable  distraction  of  operators  of   motor vehicles;  (c)  To  prevent  confusion  with  regard  to traffic lights, signs or signals  or  otherwise  interfere  with  the  effectiveness  of  traffic regulations;  (d) To preserve and enhance the natural scenic beauty or the aesthetic features of the thruway system and adjacent areas;  (e)  To promote maximum safety, comfort and well-being of the users of the thruway.   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 thruway system 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  on  particular sections or portions of the thruway system.  (d)  Notwithstanding  any  contrary  provisions  of  this section, the authority shall permit the erection of not more  than  nine  advertising billboard  signs  in  the  city  of  New Rochelle along interstate route ninety-five where the location and erection of such signs are:  (1) consistent with  and  part  of  an  urban  renewal  program  which decreases the total number of advertising billboard signs in the renewal area;  (2) approved by such city;  (3)  part  of the subject of a United States District Court settlement order regarding the regulation of such signs within such city; and  (4)  consistent  with  the  size,  lighting,  spacing  and  all  other requirements   of  federal  law,  including  those  established  in  the agreements entered into by the state pursuant to sections eighty-six and eighty-eight of the highway law.   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 established 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 hereunder.  Any advertising device erected or maintained after September first, nineteen hundred fifty-two 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 contravene any of the other standards set forth in this section, including but not limited to  (a) Advertising devices which are  to  be  erected  or  maintained  on property 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 property, 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 thruway system;  (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 maintained 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.