[Adopted 4-9-2018 by L.L.
No. 7-2018]
The Town Board hereby finds that signs on trees, lampposts,
traffic signal poles and utility poles on or near street rights-of-way
create unreasonable distractions to operators of motor vehicles, create
confusion with regard to traffic lights, signs and signals, impair
visibility of pedestrians and motor vehicles, create safety hazards
to the public and, in particular, pedestrians, distract from identification
of surrounding businesses and home-house numbering and detract from
the aesthetic character of buildings, sites, districts and the Town
as a whole. In addition, the Town Board finds that the undue proliferation
of signs, posters, and stickers on trees, lampposts and utility poles
detracts from the established character of adjoining properties and
of the neighborhood in which they are located and depreciates the
values of said properties and neighborhoods. It is hereby found that
removal of said signs, posters and stickers will promote the health,
safety, morals and general welfare of the community. It is accordingly
the intent of this article to prohibit signs, posters and stickers
on trees, lampposts, traffic signal poles and utility poles in public
street rights-of-way.
As used in this article, the following terms shall have the
meanings indicated:
Any material, structure or device or part thereof composed
of lettered or pictorial matter or upon which lettered or pictorial
matter is placed for display of an advertisement, announcement, notice,
directional matter or name, and shall also include any announcement,
declaration, demonstration, display, illustration or insignia used
to advertise or promote the interests of any person or business when
the same is placed in view of the general public. The term does not
include objects which are not virtually discernable to the public.
With the exception of any sign erected by the Town, county,
state or other governmental authority or public utility and all signs
pertaining to traffic regulations, parking regulations and fire zones
which are subject to the rules and regulations of the New York State
Vehicle and Traffic Law, no sign, poster, sticker or advertising device
shall be located upon any tree, lamppost, traffic signal pole or upon
a utility pole without the express written permission of the utility
company, within the right-of-way of any Town, state or county road
or highway.
It shall be presumed that any person, business or entity identified
on any sign, poster, sticker or advertising device regulated by this
article, or the owner, agent, registrant, manager, business, entity
or person in charge of any telephone number, website, entity, business
or address identified on any sign, poster, sticker or advertising
device regulated under this article, is responsible for the placement
of that sign, poster, sticker or advertising device. This presumption
shall be rebuttable.
A.Â
Upon failure of the person responsible for the placement or of the
owner, if a telephone number, e-mail address or address is readily
obtainable, to remove a sign, poster, sticker or advertising device
regulated under this article after notice has been given to remove
the sign, the Superintendent of Highways or his designee is hereby
authorized to remove any sign, poster, sticker or advertising device
placed upon any tree, light pole, traffic signal pole or utility pole
in a Town street right-of-way. Said signs, posters, stickers or advertising
devices shall be held for a period of 72 hours (provided the removal
could be accomplished without destroying the sign, poster, sticker
or advertising device), and if not claimed by the owner thereof within
said seventy-two-hour period, the Superintendent of Highways is authorized
to dispose of said signs. There shall be a fee of $10 per sign for
any person or organization redeeming a sign seized pursuant to the
terms of this section. Upon receipt of written authorization from
the New York State Department of Transportation and/or the Orange
County Department of Public Works, the Superintendent of Highways
shall be authorized to remove signs, posters, stickers or advertising
devices in accordance with this section from state and/or county roads
and highways. In the event the only contact information for the owner
is a telephone number, website or e-mail, notice prior to removal
may be given by the contact means provided 48 hours in advance of
the removal. If a mailing address is obtainable, notice prior to removal
shall be given either by hand delivery to the address or by certified
mail, return receipt requested, at least three calendar days prior
to the removal of the sign, poster, sticker or advertising device.
B.Â
Upon notification by the Code Compliance Department to the Superintendent of Highways or his designee that a temporary commercial sign is present in a public street right-of-way, or a temporary noncommercial sign which violates the requirements of Chapter 185 is present in a public street right-of-way, the Superintendent of Highways may remove such signs in accordance with the procedures set forth in § 160-43A above.
A.Â
A violation of this article is hereby declared to be a violation,
and any person violating the same shall, upon conviction, be punished
by a fine of not less than $100 nor more than $250 for each offense.
Each day or part thereof such violation continues after notification
by the Town shall be deemed a separate offense punishable in like
manner. The Town may also bring an action or proceeding to enjoin
the violation and/or to recover the costs incurred by the Town for
remedying the conditions brought about by the violation of this article.
