N.Y. Envtl. Conserv. Law § 9-0305

Current through 2024 NY Law Chapter 457
Section 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.

N.Y. Envtl. Conserv. Law § 9-0305