Section 28-502.1
§28-502.1 Definitions. As used in this chapter, the following terms
shall have the following meanings:
AFFILIATE. An outdoor advertising company having a controlling
interest in another outdoor advertising company or in which such other
outdoor advertising company has a controlling interest. In addition,
where a person or entity has controlling interests in two or more
outdoor advertising companies, such outdoor advertising companies shall
be considered affiliates of each other. A "controlling interest" means
actual working control, in whatever manner exercised, including without
limitation, control through ownership, management, debt instruments or
negative control, as the case may be, as defined in rules of the
department.
OUTDOOR ADVERTISING COMPANY. A person, corporation, partnership or
other business entity that as a part of the regular conduct of its
business engages in or, by way of advertising, promotions or other
methods, holds itself out as engaging in the outdoor advertising
business.
OUTDOOR ADVERTISING BUSINESS. The business of selling, leasing,
marketing, managing, or otherwise either directly or indirectly making
space on signs situated on buildings and premises within the city of New
York available to others for advertising purposes, whether such
advertising directs attention to a business, profession, commodity,
service or entertainment conducted, sold, or offered on the same or a
different zoning lot and whether such sign is classified as an
advertising sign pursuant to section 12-10 of the zoning resolution.
SIGN. A sign as defined in section 12-10 of the zoning resolution
except that such term shall not include any sign subject to regulation
by the department of transportation.
SIGN LOCATION. A building or premises on which an outdoor advertising
company is entitled to sell, lease, market, manage or otherwise either
directly or indirectly make space on signs available to customers,
irrespective of whether a sign exists on such building or premises.
UNDER THE CONTROL OF AN OUTDOOR ADVERTISING COMPANY in reference to a
sign, sign structure, or sign location. That space on such sign, sign
structure, or at such sign location that is sold, leased, marketed,
managed or otherwise either directly or indirectly made available to
others for any purposes by such outdoor advertising company.
Section 28-502.2
§28-502.2 Registration of outdoor advertising companies. On and after
a date to be provided by rule, it shall be unlawful for an outdoor
advertising company to engage in the outdoor advertising business or, by
way of advertising, promotions or other methods, hold itself out as
engaging in the outdoor advertising business unless such company is
registered in accordance with this code and the rules of the department.
Such rules shall establish a procedure pursuant to which the department
may require the single registration of an outdoor advertising company
and its affiliates. An outdoor advertising company and its affiliates
made subject to single registration shall be considered a single outdoor
advertising company for purposes of this code.
Section 28-502.2.1
§28-502.2.1 Application. Application for registration or the renewal
of registration shall be made on forms to be furnished by the
department, may be made through electronic means, and shall contain such
information as the department shall prescribe. Registration shall remain
in force for two years and may be renewed. The fee for such registration
and for the renewal of such registration shall be established by rule
and may be based on the number of signs in the registered inventory.
Section 28-502.2.2
§28-502.2.2 Security. Each outdoor advertising company shall post a
bond or provide another form of security to the city in an amount to be
determined by the department by rule to cover:
1. All costs incurred by the city pursuant to this code for painting
over, covering, rendering ineffective or for the removal and storage of
an illegal sign or sign structure under the control of such outdoor
advertising company; and
2. All fines or civil penalties imposed against such company pursuant
to this chapter.
Section 28-502.3
§28-502.3 Revocation or suspension or registration. The department may
revoke, suspend or refuse to renew the registration of an outdoor
advertising company or impose fines or other penalties where it is
determined by the commissioner, after notice and the opportunity to be
heard, that (i) such company has made statements that it knew or should
have known are false in any application or certification filed with the
department, (ii) such company has failed to comply with section 28-502.3
of this code or the rules adopted pursuant to its provisions by failing
to file a listing of signs, sign structures and sign locations under its
control as specified in such section within the time and in the manner
required by department rules or by filing an incomplete listing of
signs, sign structures and sign locations under its control as specified
in such section, (iii) such company has been found liable for or has
admitted to violations of the zoning resolution under section 28-502.5
of this code committed on three or more occasions within a 36 month
period, where such violations relate to the erection, maintenance,
attachment, affixing, painting or representation in any other manner on
a building or premises of advertising signs, as defined in section 12-10
of the zoning resolution, at locations where the display of such
advertising signs is not permitted under the zoning resolution or at
locations where the display of such advertising signs violates the size,
height, or illumination provisions of the zoning resolution, and such
signs are located within a distance of nine hundred linear feet from and
within view of an arterial highway or within 200 linear feet (60 960 mm)
from and within view of a public park with an area of one half acre or
more, (iv) such company has failed to pay any civil penalties imposed or
amounts owed to the city pursuant to section 28-502.5 of this code or,
(v) such company has violated the department's rules pertaining to
outdoor advertising companies. No application for registration by an
outdoor advertising company or any affiliate thereof shall be accepted
for filing by the department for a period of five years after revocation
of or the refusal to renew the registration of such outdoor advertising
company pursuant to this code. The department shall not accept or
process any applications for permits to install, erect or alter signs
pursuant to this code or for the maintenance of signs pursuant to
section 28-501.1 of this code where such applications are filed by or
where such signs are under the control of an outdoor advertising company
or any affiliate thereof after the registration of such outdoor
advertising company has been revoked or not renewed or during the term
of any period of suspension of such registration. The commissioner may
settle any proceeding in which the revocation, suspension or renewal of
an outdoor advertising company's registration is at issue upon such
terms and conditions as he or she may deem appropriate including but not
limited to the agreement of an outdoor advertising company to remove
signs along with supporting sign structures as a condition for the
dismissal of such proceeding.
Section 28-502.4
§28-502.4 Reporting requirement. An outdoor advertising company shall
provide the department with a list with the location of signs, sign
structures and sign locations under the control of such outdoor
advertising company in accordance with the following provisions:
1. The list shall include all signs, sign structures and sign
locations located (i) within a distance of 900 linear feet (274 m) from
and within view of an arterial highway; or (ii) within a distance of 200
linear feet (60 960 mm) from and within view of a public park with an
area of 1/2 acre (5000 m) or more.
2. The commissioner may, by rule, expand the scope of such list to
include the reporting of other signs, sign structures and sign
locations, as specified in such rule.
Section 28-502.4.1
§28-502.4.1 Form of list. The list shall be in such form, containing
such information and filed at such periodic intervals or upon such other
conditions, as the department shall prescribe by rule.
Section 28-502.4.2
§28-502.4.2 Other required information. Such list shall also indicate
the work permit identification numbers for the erection, alteration or
installation of such signs pursuant to chapter 1 of this title and for
the maintenance of such signs pursuant to article 501, unless a permit
is not required pursuant to such provisions, as well as the name and
license number of the master or special sign hanger who hung or erected
each such sign.
Section 28-502.4.3
§28-502.4.3 Certification of list. Such list shall be accompanied by
(i) a certification by an architect or engineer, co-signed by a
responsible officer of the outdoor advertising company, that all signs
reported on such list are in compliance with the zoning resolution; (ii)
copies of proof that the sign complies with the zoning resolution and a
certification by the sign's owner that to the best of the certifier's
knowledge and belief the information provided is accurate, or (iii) a
written opinion by the department, stating that the sign to which the
opinion refers complies with the zoning resolution. Notwithstanding any
inconsistent provision of this code, where, in accordance with the
department's rules, the department renders an opinion, determination or
decision relating to whether a sign is nonconforming or whether it is
located in proximity to an arterial highway as defined by the zoning
resolution, such decision, determination or opinion will be appealable
to the board of standards and appeals in accordance with applicable law.
If a timely appeal to such board is taken, the department shall not
issue a notice of violation with respect to such sign pending a
determination of such appeal by such board.
Section 28-502.4.4
§28-502.4.4 Public access to list. The commissioner shall make all
listings filed pursuant to this article accessible to the public.
Section 28-502.5
§28-502.5 Display of name and registration number of outdoor
advertising company. On and after a date to be prescribed by rule, the
commissioner shall require that each outdoor advertising company
display, in a manner to be provided by rule, on each sign under its
control or on the building or premises where each sign under its control
is located or both, (i) the name and registration number of such company
and, (ii) unless a permit is not required, the work permit
identification number for the installation, alteration or erection of
the sign pursuant to chapter 1 of this code and, if applicable, for the
maintenance of the sign pursuant to article 501.
Section 28-502.6
§28-502.6 Criminal and civil penalties. Outdoor advertising companies
that violate the zoning resolution, this code, the 1968 building code or
rules of the department shall be subject to criminal and civil penalties
in accordance with this article.
Section 28-502.6.1
§28-502.6.1 General. Notwithstanding any other provision of law, an
outdoor advertising company shall be liable for a civil penalty in
accordance with this article if a sign under its control has been
erected, maintained, attached, affixed, painted on, or in any other
manner represented on a building or premises in violation of any
provision of the zoning resolution, this code, the 1968 building code or
rules adopted pursuant thereto relating to signs.
Section 28-502.6.2
§28-502.6.2 Unlawful for outdoor advertising company to sell space on
illegal sign. It shall be unlawful for an outdoor advertising company to
sell, lease, market, manage or otherwise make available to others for
advertising purposes space on a sign that has been erected, maintained,
attached, affixed, painted on or in any other manner represented on a
building or premises in violation of any provision of the zoning
resolution, this code, the 1968 building code or rules adopted pursuant
thereto or to enter into any agreement for such purpose.
Section 28-502.6.3
§28-502.6.3 Unlawful to transfer sign to unregistered outdoor
advertising company. On and after a date to be provided by rule, it
shall be unlawful for an outdoor advertising company to sell or
otherwise transfer control of a sign or sign location or of any right of
such company to sell, lease, market, manage or otherwise make space on a
sign or at a sign location available to others for advertising purposes
to an outdoor advertising company that is not registered in accordance
with this article and the rules of the department.
Section 28-502.6.4
§28-502.6.4 Civil penalty. An outdoor advertising company that
violates any of the provisions of this article shall be subject to a
civil penalty of, for a first violation, not more than fifteen thousand
dollars and, for a second or subsequent violation, not more than
twenty-five thousand dollars. Each day's continuance shall be a separate
and distinct violation.
Section 28-502.6.5
§28-502.6.5 Criminal penalty. Notwithstanding any inconsistent
provision of law, an outdoor advertising company shall, upon being found
guilty, be subject to fines or imprisonment or both pursuant to this
code if a sign under its control has been erected, maintained, attached,
affixed, painted on, or in any other manner represented on a building or
premises in violation of any provision of the zoning resolution, this
code, the 1968 building code or rules adopted pursuant thereto relating
to signs.
Section 28-502.6.6
§28-502.6.6 Activity by unregistered company. On and after a date to
be provided by rule, an outdoor advertising company that engages in the
outdoor advertising business or, by way of advertisement, promotion or
other methods holds itself out as engaging in the outdoor advertising
business without registering with the department pursuant to this
chapter, or, after such registration has been revoked or not renewed
pursuant to this code continues to engage in such business beyond a date
specified by the commissioner in his or her determination to revoke or
not renew, shall be guilty of a misdemeanor subject to a fine not to
exceed five thousand dollars or a sentence of imprisonment of not more
than one year or both such fine and imprisonment for each offense. In
the case of a continuing violation each day's continuance shall be a
separate and distinct violation. Such company shall also be liable for a
civil penalty of, for a first violation, not more than fifteen thousand
dollars and, for a second or subsequent violation, not more than
twenty-five thousand dollars. Each day's continuance shall be a separate
and distinct violation.
Section 28-502.6.7
§28-502.6.7 Venue. Civil penalties may be recovered in an action in
any court of appropriate jurisdiction or in a proceeding before the
environmental control board. Such board shall have the power to impose
the civil penalties provided for in this article. Notwithstanding the
provisions of section six hundred sixty-six of the charter, a notice of
violation issued by the department pursuant to this article shall not be
subject to review by the board of standards and appeals.
Section 28-502.7
§28-502.7 Signs under control of unregistered outdoor advertising
company are public nuisance. On and after a date to be provided by rule,
it shall be unlawful to erect, maintain, attach, affix, paint on, or in
any other manner represent on a building or premises any sign that is
under the control of an unregistered outdoor advertising company. In
addition to or as an alternative to any other remedies or penalties
provided under any other provision of law, the commissioner may commence
a proceeding for the removal of such sign or its sign structure or both
in accordance with the procedures set forth in this code for the
abatement of a nuisance and any such sign and its sign structure is
hereby declared to be a public nuisance pursuant thereto. All of the
provisions of article 503 of this chapter shall apply to the removal of
a sign pursuant to this article except that a sign under the control of
an unregistered outdoor advertising company may be removed whether or
not it is in compliance with the zoning resolution, this code, the 1968
building code or rules adopted pursuant thereto, and irrespective of
whether it has a surface area greater than 200 square feet (19 m{2}).
Section 28-502.8
§28-502.8 Franchise or concession disqualification. Notwithstanding
any other provision of law to the contrary, an outdoor advertising
company, or any affiliate thereof, that has been found guilty of a
misdemeanor or liable for a civil penalty pursuant to this article or
whose registration has been revoked shall be considered ineligible for
the award of any city franchise or concession, and shall be prohibited
from administering any advertising program on behalf of a city
franchisee or concessionaire, for a period of five years following
judgment or decision.
Section 28-502.9
§28-502.9 Investigations. The department may investigate any matter
within the jurisdiction conferred by this chapter and shall have full
power to compel the attendance, examine and take testimony under oath of
such persons as it may deem necessary in relation to such investigation,
and to require the production of books, accounts, papers and other
evidence relevant to such investigation. The department of investigation
may, at the request of the commissioner, assist the department in any
investigation conducted pursuant to this article.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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