§ 361-a. Restriction and regulation of advertising devices. 1. Except
as otherwise provided in this section, the erection or maintenance of
any advertising device located within six hundred sixty feet of the
nearest edge of the right-of-way of the thruway without a written permit
therefor granted by the authority pursuant to this section is
prohibited.

2. The term "advertising device" as used in this section shall include
any billboard, sign, notice, poster, display or other device intended to
attract or which does attract the attention of operators of motor
vehicles on the thruway, and shall, where so determined by the
authority, include a structure erected or used in connection with the
display of any such device and all lighting or other attachments used in
conjunction therewith.

3. The authority may from time to time adopt, modify, amend or repeal
regulations governing the issuance of permits or renewals thereof for
the erection and maintenance of advertising devices. Such regulations
shall be designed to effectuate the general purposes of this article and
the specific objectives and standards hereinafter set forth:

(a) To provide for maximum visibility along the thruway system and
connecting roads or highways;

(b) To prevent unreasonable distraction of operators of motor
vehicles;

(c) To prevent confusion with regard to traffic lights, signs or
signals or otherwise interfere with the effectiveness of traffic
regulations;

(d) To preserve and enhance the natural scenic beauty or the aesthetic
features of the thruway system and adjacent areas;

(e) To promote maximum safety, comfort and well-being of the users of
the thruway.

4. To effectuate the purposes of this section, the authority may limit
the application of any regulation adopted hereunder to exclude or
include, in whole or in part:

(a) Specified areas of the thruway system based upon use, population
density, nature of the surrounding community, special conditions
prevailing therein, or such other factors as may make differentiation or
separate classification or regulation necessary, proper or desirable;

(b) Particular types or classes of advertising devices based upon
size, design, lighting or such other factors as may make differentiation
or separate classification or regulation necessary, proper or desirable;

(c) The erection or maintenance of advertising devices on particular
sections or portions of the thruway system.

(d) Notwithstanding any contrary provisions of this section, the
authority shall permit the erection of not more than nine advertising
billboard signs in the city of New Rochelle along interstate route
ninety-five where the location and erection of such signs are:

(1) consistent with and part of an urban renewal program which
decreases the total number of advertising billboard signs in the renewal
area;

(2) approved by such city;

(3) part of the subject of a United States District Court settlement
order regarding the regulation of such signs within such city; and

(4) consistent with the size, lighting, spacing and all other
requirements of federal law, including those established in the
agreements entered into by the state pursuant to sections eighty-six and
eighty-eight of the highway law.

5. Application for permits or renewals thereof shall be on forms
prescribed by the authority and shall contain such information as the
authority may require. The authority may by regulation adopt, modify,
amend or repeal permit application fees, annual permit fees and permit
renewal fees, provided, however, that such fees shall not exceed the
advertising device fees established by regulation by the commissioner of
transportation. Each permit shall be valid for a period to be
established by the authority and may be renewed from time to time for
such periods, as established by the authority, within thirty days of the
expiration date thereof upon payment to the authority of the renewal
fee.

6. The permit or renewal thereof shall be revocable at any time on
thirty days notice to the permittee in the event of a violation of the
requirements of this section or any regulation lawfully adopted
hereunder. Any advertising device erected or maintained after September
first, nineteen hundred fifty-two in violation of this section or any
regulation adopted hereunder is hereby declared to be, and is, a public
nuisance and such device may without notice be abated and removed by any
officer or employee of the authority, or upon request of the authority,
by any peace officer acting pursuant to his special duties, or police
officer.

7. The authority by regulation may exclude from the coverage of this
section advertising devices which it finds do not interfere with safety
on the thruway system or contravene any of the other standards set forth
in this section, including but not limited to

(a) Advertising devices which are to be erected or maintained on
property for the purpose of setting forth or indicating

(1) The name and address of the owner, lessee or occupant of such
property, or

(2) The name or type of business or profession conducted on such
property, or

(3) Information required or authorized by law to be posted or
displayed thereon.

(b) Advertising devices which are not visible from any traveled
portion of the thruway system;

(c) Advertising devices indicating the sale or leasing of the property
upon which they are placed.

(d) Directional or other official signs and signals erected or
maintained by the state or other public agency having jurisdiction.

8. Nothing in this section shall apply with respect to any property
which is owned or leased by the state of New York or any agency thereof
or with respect to which the state of New York or any agency thereof has
or shall have a valid easement or covenant with the owner thereof
concerning the restriction, removal or prohibition of advertising
devices.

9. Nothing in this section shall be construed to abrogate or affect
the provisions of any municipal ordinance, regulation or resolution
which are more restrictive concerning advertising devices than the
provisions of this section or of the regulations adopted hereunder.