A. General restrictions.

(1)All signs shall be constructed and maintained in accordance with the requirements of the Building Codes of New York State and the National Electrical Code, or any successor law or amendments thereto.

(2)All signs and sign assemblages, whether or not a permit or inspection is required, shall be maintained in good structural condition at all times, and shall be kept clean and neatly painted. The failure to maintain a sign in a safe, clean and/or neat condition shall constitute a violation of this section.

(3)Anchoring.

(a)No sign shall be suspended by nonrigid attachments that will allow the sign to swing in the wind.

(b)All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations.

(4)Wind Loads. All signs, other than wall signs, shall be designed to withstand the wind load pressure specified in the Building Code of New York State.

B. Location and placement of signs.

(1)No sign shall be constructed or maintained so as to obstruct any window, doorway, fire escape or exit, or any other means of egress and ingress to any building or structure, or any portion thereof, except interior signs as permitted by this Article.

(2)No sign shall obstruct or be attached or affixed to a ventilation system, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the Building Code of the New York State or Fire Prevention Codes.

(3)Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Code specifications, depending on voltages concerns. However, in no case shall a sign be installed closer than five (5) feet horizontally or vertically from any conductor or public utility guy wire, unless specifically waived in writing by the local utility authority.

C. Illumination of signs.

(1)Any source of illumination for an indirectly or directly illuminated sign shall not be cast toward residentially-zoned property, or be positioned so as to impede or interfere with vehicular or pedestrian travel.

(2)No directly illuminated facial signs shall be located within fifty (50) feet of the boundaries of any residentially-zoned property.

(3)No directly illuminated freestanding sign exceeding ten (10) feet in height, as measured from grade to the highest point of the sign structure or sign, whichever is greatest, shall be located within fifty (50) feet of a residence district boundary.

D. Illumination of buildings and parking areas.

(1)Any floodlighting of buildings and parking areas shall be arranged in such a way that no direct glare shall be cast toward any residentially-zoned property, and luminary devices shall be hooded or arranged so that the source of illumination is not visible from such properties, or interferes with pedestrian or vehicular travel on roadways and highways.

(2)In commercial and industrial districts, and in commercially or industrially-utilized properties, any floodlighting other than for a permitted sign shall be limited to the illumination of the building for security purposes and to the lighting of parking areas and accessways, as necessary for the safe movement of vehicular and pedestrian travel. The intensity of the lighting shall be limited to that which is necessary afford minimum adequate illumination for such purposes.

(3)No freestanding luminary device shall exceed thirty (30) feet in height, or as otherwise provided in the Town Code or other applicable law, whichever is strictest.

E. Signs facing municipal parking lots.

(1)Signs placed on the rear or side wall of any building on property adjacent to or abutting a municipal parking lot shall not be illuminating in any respect nor exceed twenty-four (24) square feet in area, with the long axis horizontal to the ground, for all of the establishments located within the building. No more than one (1) such sign shall be placed on such wall, and such sign shall show only the names of the establishments located in the building and the products or services furnished therein, and no letter contained on any such sign shall exceed eighteen (18) inches in height.

A. Except as expressly permitted in this Article, it shall be unlawful for any person or business entity to erect, display, maintain, structurally alter or relocate any sign without an inspection having been conducted and/or a permit issued by the Department of Public Safety.

B. Application Fees. An application for a sign permit shall be made on forms provided by the Department of Public Safety. Each applicant shall submit a signed certification that the installation of any illuminated sign or any sign requiring the use of electrical service has been performed or shall be performed by a licensed electrician. The following fees are non-refundable and shall be paid at the time of application:

(1)For erecting or placing a new facial sign: two dollars ($2) per square foot of sign area with a minimum fee of fifty dollars ($50).

(2)For erecting or placing a new freestanding sign: two dollars ($2) per square foot of sign area with a minimum fee of fifty dollars ($50).

(3)The inspection fee pursuant to § 198-92(B) shall be twenty-five dollars ($25) per sign with a maximum fee of one-hundred dollars ($100) per location.

(4)Additional fees. The fee for erecting or placing a sign at any time prior to the issuance of a permit or an inspection having taken place shall be three (3) times the amount established above.

C. Display of permit. The permit number shall be permanently shown in a conspicuous place on the face of the sign so as to be easily inspected and shall be no less than one inch in height and 3/4 inch in width. Failure to display the permit number on the sign shall constitute a cause for revocation of the permit in addition to any other penalty provided by law.

D. Alteration of permit. It shall be unlawful to alter, obscure, deface, change or otherwise tamper with any portion of a sign permit issued by the Town of Huntington. The property owner and/or permit holder shall be strictly liable for a violation of this section. In addition to any other penalty provided for herein, the permit may be revoked by the Director and the sign(s) removed.

E. Non-transferability of permit. No person or business entity shall post or cause to be posted a permit for a sign other than the sign for which the permit is issued. The person or business entity to whom the permit was originally issued, and the owner and/or occupant of the property to which the permit was unlawfully transferred shall be strictly liable for a violation of this section. In addition to any other penalty provided by law, the permit may be revoked by the Director and the sign(s) removed.

F. Relocation or change of size. Except as expressly permitted in this Article, it shall be unlawful to alter, rebuild, enlarge, extend or to relocate a sign or sign assemblage, or cause same to be done, after a permit has been issued by the Director. Any person or business entity wishing to alter, rebuild, enlarge, extend or to relocate a sign or sign assemblage must apply for a new permit and pay the requisite fees. A new permit is not required where only the copy or message on the sign is changed; the sign is painted or cleaned; or routine maintenance and repairs are performed, as long as there are no structural alterations or additions.

G. Substantially damaged or missing signs. Any person or business entity who wishes to duplicate a substantially damaged or missing sign shall apply to the Department of Public Safety. Authorization to replace or repair the sign shall be provided in writing at no cost as long as the applicant provides proof acceptable to the Department that the sign was legally in existence and that the term of the permit has not expired.

H. Renewals. Sign permits shall be renewed every three (3) years upon the payment of a permit renewal fee of one dollar ($1) per square foot of sign area with a minimum fee of fifty dollars ($50). Said fee shall be nonrefundable and paid at the time of application. An application for renewal of a permit shall be accompanied by a certification that the sign is properly installed, that the sign is being maintained in a safe manner, and the sign complies with all of the provisions of this chapter and other applicable law. The fee for the renewal of a sign permit after notice of renewal has been given and there has been a failure to renew within ninety (90) days of the date of such notice shall be two (2) times the amount established above. Notice shall be given by mailing an application for a renewal of a permit by regular mail to the name and address provided in the original sign permit application.

A. Abandoned signs. A sign which no longer advertises a bona fide business conducted or a product sold at the premises shall be taken down and removed by the property owner, his agent or person having the beneficial use of the building, structure, or property within thirty (30) days of the date written notice to do so is given by the enforcement officer, and upon the failure to comply with such notice the Director of Public Safety is authorized to order the removal of such sign with or without further notice.

B. Unsafe or dangerous signs. If the town enforcement officer finds that the placement or condition of a sign or sign assemblage for which a permit has been issued has become unsafe or dangerous; is not properly secured; is located so as to interfere or obscure vehicular or pedestrian travel; or is not maintained in accordance with this Article, he shall give notice of such condition to the permittee, Such notice shall identify the sign, describe the hazard, defect or condition and advise the permittee that if the hazard or condition is not removed or made safe within ten (10) days of the date of the notice the sign will be removed and disposed of by the Town without further notice. If the permittee fails or refuses to remove, make safe or correct the hazard or condition within such period of time, then the Director of Public Safety may immediately order the removal of such sign from its location and dispose of same without further notice. Nothing contained herein is intended to prevent the Director of Public Safety or Director of Engineering Services from immediately ordering the removal of a sign with or without notice to the permittee or owner, if in the discretion of either Director, it severely jeopardizes the public health, safety or welfare; endangers property; if it creates an unreasonable public nuisance.

C. Illegal signs. Any sign posted or maintained without a permit having been issued pursuant to this article, or maintained with an expired or altered permit, or any sign deemed prohibited by this article shall be declared a public nuisance and a hazard to public health. The Director of Public Safety may immediately order the removal of such sign from its location with or without notice to the owner of the sign or property, or occupant of the property, or the permittee, as the case may be. Any illegal sign removed may be disposed of by the Director without notice.

D. Recovery of costs. The owner of the property shall be liable for all direct and indirect costs incurred by the Town of Huntington for the removal of a sign and sign assemblage, and the abatement and/or remediation of a hazard or nuisance.

(1)The costs thereof shall be certified by the Director of each town department providing services and written notice of such costs shall be mailed by the Department of Public Safety to the owner of the property by certified or registered mail return receipt requested and by regular mail to the last address shown on the most current assessment role on file in the Office of the Town Assessor. Said owner shall have ten (10) days from receipt of such written notice to pay the full amount of such costs.

(2)In the event the owner fails, refuses and/or neglects to pay the monies due and owing to the Town within said ten (10) day period, the Town Board may, by Resolution, direct that said certified costs be paid by such owner within ten (10) days of receipt of a copy of the Resolution. A copy of the Resolution and the certified costs shall be mailed by the Town Attorney's Office in the same manner as provided in D(1) above. If such costs remain unpaid at the expiration of such period, or if the mailing is returned by the post office because of the inability to make delivery for any reason, as long as the notice was properly addressed, such certified costs shall be forwarded to the Huntington Tax Receiver who shall cause the costs as shown thereon to be charged against such lands. The amount so charged shall forthwith become a lien against such lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

E. Authority of Enforcement Officer.

(1)A previously-issued permit may be revoked by the Director of Public Safety, on ten (10) days notice to the permittee, if the permittee fails or refuses to comply with the provisions of this Article or other applicable statute, rule or regulation; or fails to obey a reasonable order of an enforcement officer pertaining to such permit, sign or sign assemblage.

(2)Any person or business entity who resists, obstructs, or impedes an enforcement officer in the remediation or removal process shall be in violation of this Article and subject to the fines and penalties provided herein.

(3)No oversight or dereliction of duty on the part of town officers shall serve to legalize the maintenance, erection, installation, alteration, modification or construction of a sign for which no permit has been issued, or if issued has expired; or to legalize a sign which does not conform to the provisions of this article or other applicable local, state and/or federal law, rule, ordinance or regulation.

A. Legislative intent and findings.

(1)The Town Board and the staff of the Town of Huntington have conducted land use studies of the location of tobacco advertisements in proximity to schools, parks and child day-care centers. In addition, the Town has examined the actions and codes of other municipalities, including the City of New York and the City of Long Beach.

(2)The Town Board of the Town of Huntington finds that restricting the exposure of minors to advertising regarding tobacco and tobacco products is constitutional when achieved through reasonable, targeted limitations on such advertising in the vicinity of schools and other locations where it is well established that children tend to congregate. It is the intention of the Town Board to enhance and augment compliance with and enforcement of federal, state and local laws prohibiting the sale or distribution of tobacco products to minors, and to protect such minors against such illegal sales.

(3)The Center for Disease Control and Prevention has reported that, while the rate of adult smoking of tobacco products has decreased nationwide by fifty percent (50%) between 1971 and 1993, the rate of smoking among all high school students has increased by twenty-six percent (26%) during the years 1991 through 1996, and now stands at the highest rate since 1981. It is further noted that this dramatic increase has occurred contrary to and at variance with the laws of all fifty (50) states prohibiting sale and distribution of tobacco products to minors, and the pledge of all tobacco product manufacturers to adhere to a voluntary industry code prohibiting advertising of such products in a manner appealing to minors.

(4)In 1991, a study of the Journal of the American Medical Association concluded that, "... cigarette advertising encourages youth to smoke and should be banned." In 1994, a report of the National Institute of Medicine stated that, "... the substantial convergent evidence that advertising and promotion increase tobacco use by youth is impressive and ... provides a strong basis for legal regulation." In 1995, a report of the federal Center for Disease Control and Prevention found that, "... cigarette marketing practices appeared to be the most likely to account for [the] increase in teen smoking initiation rates."

(5)In 1997, Liggett & Myers. Inc., a cigarette manufacturer, made the following acknowledgement in executing a settlement agreement with the Attorney Generals of 17 states, including the State of New York: "... Liggett acknowledges that the tobacco industry markets to 'youth,' which means those under 18 years of age ..."

(6)Based upon the preponderance of the evidence that tobacco products are advertised and promoted to minors, and that the rate of use of tobacco products by minors has drastically increased contrary to legislation prohibiting the sale or distribution of such products to minors, the Town Board of the Town of Huntington hereby finds and declares it to be in the best interests of minors residing and/or otherwise present within the Town to enact affirmative, reasonable and constitutionally permissible restrictions on the advertising of tobacco products.

(7)In enacting this legislation, it is the intent of the Town Board to promote compliance with and enforcement of federal, state and local laws prohibiting sale or distribution of tobacco products to minors, and therefore, in deference to the protections afforded by the First Amendment to the Constitution of the United States, this legislation has been narrowly crafted to place reasonable time, place and manner restrictions on such advertising in those locations where it is well established that minors tend to congregate, while not imposing restrictions on such advertising clearly directed at adults.

B. Definitions and word usage.

(1)Definitions. For the purposes of this section, the following terms shall have the meanings indicated herein, unless specifically indicated otherwise:

CHILD DAY-CARE CENTER -(a)Includes the following:

[1]Any child-care arrangement, public, private or parochial child care center, school-age child-care program, day nursery school, kindergarten, play school or other similar school or service operating pursuant to authorization, license or permit of New York State;

[2]Any facility that provides child-care services as defined in § 410-p of the New York State Social Services Law; or

[3]Any child day-care center as defined in § 390 of the New York State Social Services Law.

(b)Said definition shall apply whether or not care is given for compensation, but shall not include child day-care centers located in private dwellings and multiple dwelling units.

CIGAR -- Any roll of tobacco wrapped in leaf tobacco or substance containing tobacco other than a cigarette.

CIGARETTE -- Includes the following:

(a)Any roll of tobacco wrapped in paper or any other substance not containing tobacco; or

(b)Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco contained therein or its packaging and labeling, is offered for use or purchase as a cigarette as described in Subsection (a) of this definition.

DWELLING -- Includes the following:

(a)MULTIPLE DWELLING -- Any building or group of buildings designed for or occupied exclusively by three (3) or more families living independently of each other.

(b)MULTIPLE DWELLING UNIT -- Any separate, independent unit of residential accommodation in a multiple dwelling.

(c)PRIVATE DWELLING -- Any building or structure or portion thereof that may lawfully be occupied for residential purposes by not more than two (2) families, including the grounds of such building or structure.

PARK - Includes active and passive public lands designated for park purposes by the Town of Huntington, County of Suffolk, State of New York, United States of America or any other subdivision of government.

PERSON -- Any natural person, partnership, copartnership, firm, company, corporation, limited liability corporation, association, joint-stock association or other legal entity.

SCHOOL -- Includes buildings, structures, premises or places, together with the grounds thereof, which are used primarily for public or private educational facilities at or below the twelfth-grade level, as recognized and defined by the New York State Department of Education, including but not limited to preschools; kidndergartens; nursery, elementary, primary, intermediate, junior high, middle, secondary, high, vocational and special.

TOBACCO -- Includes the following:

(a)CIGARETTE TOBACCO -- Loose tobacco intended for use in what is commonly advertised as a cigarette.

(b)SMOKELESS TOBACCO -- Includes any cut, ground, powdered or leaf tobacco that is intended to be placed in a person's oral cavity.

(c)TOBACCO PRODUCT -- Tobacco in any form, including, but not limited to, a cigar, cigarette, loose tobacco, smokeless tobacco or cigarette tobacco.

TOBACCO PRODUCT ADVERTISEMENT -- Includes any written word, picture, logo, symbol, motto, selling message, poster, placard, sign, photograph, device, graphic display or visual image of any kind, recognizable color or pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of tobacco product, or any combination thereof, the purpose or effect of which is to promote the use, sale or distribution of a tobacco product through such means as, but not limited to, the identification of a brand of a tobacco product, a trademark of a tobacco product or a trade name associated exclusively with a tobacco product.

(2)Word usage. Words used in the singular in this section shall include the plural and vice versa. The word "shall" is always mandatory.

C. Restrictions. It shall be unlawful for any person to place, cause to be placed, maintain or cause to be maintained, a tobacco product advertisement in the following manner:

(1)In any outdoor area within one thousand (1,000) feet, in any direction, of any child day-care center, park or school.

(2)In the interior of a building or structure which is within one thousand (1,000) feet, in any direction, of any child day-care center, park or school, when such advertisement is within five (5) feet of any exterior window or any door which is used for entry or egress to the building or structure by the public; except that such advertisements may be placed or maintained in the interior of any such premises where they are parallel to said windows or entryways and face inward, or affixed to a wall panel or similar fixture that is perpendicular to said windows or entryways.

D. Exceptions.

(1)Nothing in this section shall prevent a tobacco product manufacturer, distributor or retailer from placing, causing to be placed, maintaining or causing to be maintained, its corporate or other business name on a building or structure, in any location, where such building or structure or a portion thereof is owned, operated or leased by them as their principal place of business; provided, however, that said corporate or other business name is properly registered or filed in the United States and/or they are duly authorized to do business in any state, and said corporate or business name does not include any tobacco product advertisement as defined in this section.

(2)Nothing contained in this subsection shall be construed to authorize the placement of any sign, advertising device or tobacco product advertisement in any location where such placement is otherwise prohibited by the Code of the Town of Huntington or other applicable law.

E. Compliance. The owner, operator and/or lessee of any location or premises where tobacco product advertisement is prohibited or restricted pursuant to the retirements of this section shall have thirty (30) days from the effective date of this section to remove any noncompliant tobacco product advertisements.

F. Civil proceedings. In addition to any other remedy provided by law, the Town may bring any civil and/or injunction proceeding necessary to enforce and/or enjoin noncompliance with this section.

**Webmasters Note: The previous Article has been amended as per Local Law No. 18-2005.