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New York Environmental Conservation Law Section 9-0305 - Signs And Advertising In Adirondack And Catskill Parks.

Legal Research Home > New York Lawyer > Environmental Conservation > New York Environmental Conservation Law Section 9-0305 - Signs And Advertising In Adirondack And Catskill Parks.




  § 9-0305. Signs and advertising in Adirondack and Catskill parks.
    1.  In  order  to  conserve  the  natural beauty of the Adirondack and
  Catskill parks, to preserve and regulate the said parks for public  uses
  for  the  resort  of the public for recreation, pleasure, air, light and
  enjoyment, to keep them open, safe, clean, and in  good  order  for  the
  welfare  of  society,  and to protect and conserve the investment of the
  state in forest lands, campsites and other interests in real property in
  said parks, no person shall erect  or  maintain  within  the  boundaries
  thereof  any  advertising  sign,  advertising structure or device of any
  kind, except under written permit from the department. The provisions of
  this section shall not apply to  signs  erected  or  maintained  upon  a
  parcel  of  real  property  in connection with the principal business or
  principal businesses conducted thereon and which advertise such business
  or businesses only, or to signs within the  limits  of  an  incorporated
  village.
    As  to  signs, structures or devices existing within the Catskill park
  on May 26, 1969, and which require a permit pursuant  to  this  section,
  the  same  may continue to be maintained without permit until January 1,
  1976 provided that the property owner or owner of such  sign,  structure
  or device registers the same with the department on or before January 1,
  1972.
    As  to  signs, structures or devices existing on May 31, l972 in those
  portions of the Adirondack park added thereto  by  chapter  six  hundred
  sixty-six of the laws of nineteen hundred seventy-two, and which require
  a  permit  pursuant  to  this  section,  the  same  may  continue  to be
  maintained without permit until  January  1,  1978,  provided  that  the
  property  owner or owner of such sign, structure or device registers the
  same with the department on or before January 1, 1975.
    2. Whenever a sign, structure or device has been erected or  is  being
  maintained  in  violation  of  the provisions of subdivision one of this
  section, the commissioner  shall  cause  a  notice  of  such  violation,
  specifying  as  nearly  as  may be the nature and location of such sign,
  structure or device, to be personally served upon the owner of record of
  the real property upon which the same is located,  hereinafter  referred
  to  as  the  property owner. In addition, a copy of such notice shall be
  personally served upon the owner of such sign, structure or  device,  if
  his  name  and  address  and  the  fact  that he is the owner is clearly
  indicated thereon.
    3. The property owner or the owner of such sign, structure  or  device
  shall  remove the same within ten days from the date of the last service
  of such notice or copy thereof as hereinabove specified. In the event of
  the failure of the property owner or the  owner  to  remove  such  sign,
  structure  or  device  within  such ten day period, the commissioner may
  cause an agent or employee of the department to enter upon the  property
  where such sign, structure or device is located and to remove the same.
    4.  No  action  for  trespass or damages shall lie on account of entry
  upon private  property  by  an  authorized  agent  or  employee  of  the
  department  engaged  in  carrying  out  any  of  the  provisions of this
  section.

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Last modified: August 24, 2006