Current through Register Vol. 46, No. 39, September 25, 2024
(a) The following are prohibited:
(1) advertising devices which advertise
activities that are illegal under Federal, State or municipal laws or
regulation;
(2) obsolete
advertising devices;
(3)
advertising devices not securely affixed in place;
(4) advertising devices which purport to be
or are imitations of or resemble or are likely to be construed as official
traffic control devices or railroad signs or signals, or which attempt to
direct or regulate the movement of traffic, or which hide from view or
interfere with the effectiveness of any official traffic control device or any
railroad sign or signal;
(5)
advertising devices which prevent the driver of a vehicle from having a clear
and unobstructed view;
(6)
advertising devices which contain, include or are illuminated by any flashing,
intermittent or moving light or lights;
(7) advertising devices which permit beams or
rays of light to be directed at any portion of the Thruway system, or which
cause glare and tend to interfere with any driver's operation of a vehicle on
the Thruway system;
(8) advertising
devices which move or have any animated or moving parts;
(9) advertising devices on trees, rocks or
other natural features;
(10)
advertising devices which, based on established policy or in the judgment of
the Thruway Authority, constitute a traffic hazard; and
(11) off-premises devices, except that the
following off-premises devices may be permitted under this Part: devices
located in areas within 660 feet of the nearest edge of the right-of- way which
are zoned industrial or commercial under authority of State law and which lie
within the boundaries of cities having a population greater than 250,000,
provided that no off- premises advertising device shall be permitted to be
maintained within 660 feet of the nearest edge of the Niagara section
right-of-way within the city of Buffalo north of Elm Street.
(b) Whenever an off-premises
advertising device prohibited under subdivision (a) of this section, but lawful
under prior law, is located in areas within 660 feet of the nearest edge of the
right-of-way of Interstate 287, and construction of same at its present
location commenced with respect to Interstate 287 on or before April 1, 1991,
the same may continue to be maintained, subject to permitting under this Part,
for a reasonable period not to exceed the longer of two years from commencement
of construction or the period which the owner of the advertising device can
demonstrate is necessary to avoid substantial financial loss. In determining
what constitutes substantial financial loss, the authority may consider such
factors as initial capital investment, investment realization at the time of
the permit application, life expectancy of the investment, the existence or
non-existence of a lease obligation, and existence of a contingency clause
permitting termination of the lease. Failure to apply for a permit under this
Part shall constitute presumptive evidence that immediate removal of the
off-premises advertising device will cause no substantial economic
loss.
