Local Law No. 4 of the Year 1991
A local law "Sign Law of the Town of Candor"
Be it enacted by the Board of Councilmen of the Town of Candor
SECTION 1. SHORT TITLE
1.1 This Local Law shall hereafter be known and cited as the Sign
Law of the Town of Candor.
SECTION 2.0. PURPOSE
2.1 The purpose of this local law is to promote and protect the
public health, welfare and safety by regulating existing and
proposed outdoor advertising, outdoor advertising signs and outdoor
signs of all types. It is intended to protect property values,
create a more attractive economic and business climate, enhance and
protect the phys ical appearance of the community, preserve the
scenic and natural beauty of designated areas, and provide a more
enjoyable and pleasing community. It is further intended hereby to
reduce sign or advertising distractions and obstructions that may
contribute to traffic accidents, reduce hazards that may be caused
by signs overhanging or projecting over public rights-of-way,
provide more open space, and curb the deterioration of natural
beauty and community environment.
SECTION 3.0. DEFINITIONS
As used in this local law unless other wise 8xpressly stated, --
the following terms shall mean:
- "Sign" any material, symbol, emblem, structure or
device, or part thereof, composed of lettered or pictorial matter,
or upon which lettered or pictorial matter is placed, when used or
located out of doors, outside or on the exterior of any building
for display, advertising, announcing or promoting any product or
service when such is placed in view of the general public.
- "Billboard" - any free-standing sign that advertises
business conducted, servlces provided, or products sold on
properties other than the property on which the sign is erected.
- "On-Premise sign" - Any sign or billboard related to a
business or profession being conducted on the premises where the
sign is located advertising or displaying a commodity, product ·or
service being sold or offered for sale on the premises where the
sign is situated.
- "Off-Premises Sign" - Any sign or billboard unrelated to
a business or profession being conducted on the premises where the
sign is located or unrelated to a commodity, product, or service
being sold or offered for sale at any location other than where the
sign is situated.
For the purpose of this local law the term "sign" does not
include signs erected and maintained pursuant to and in discharge
of any governmental function, or required by any law, ordinance or
governmental regulation, nor does it include flag, emblems, or
symbols of a nation, governmental body, or school, nor memorial
tablets or historical markers, nor does it include posters or signs
of a temporary nature erected or placed for a period of not more
than thirty (30) days.
SECTION 4. GENERAL REGULATIONS
4.1 No sign or billboard shall be erected, installed, placed or
relocated within the Town of Candor without first obt.aininq a
permit from the Town Code Enforcement Officer. Application for
such permit must be made on forms provided for such purpose by the
Clerk of the Town of Candor. A fee for such application shall be
set by resolution of the Town Board and such application shall
contain notice of the fee to be charged.
4.2 Newly erected or installed Off Premises Signs or Billboards.
No Off Premises Sign or Billboard shall be erected, or
existing sign or billboard relocated which has a surface area in
excess of 50 square feet with no side more than 12 feet in length.
No Off Premises Sign or Billboard shall be erected within 500
feet of an already existing Off Premises Sign or Billboard.
4.3 Illuminated signs.
Any sign whether on or off premises if illuminated shall
employ only lights emitting constant intensity, and no sign shall
be illuminated by or contain flashing, intermittent, rotating, or
moving light or lights. In no event shall an illuminated sign or
lighting device be so placed or so directed as to permit the beams
and illumination therefrom to be directed or beamed upon a public
street highway, sidewalk, navigable waterway, or air corridor, or
premises adjacent to any of these so as to cause glare or
reflection that may constitute a traffic hazard or nuisance.
4.4 General Maintenance
All signs shall be maintained so as to retain its original
structural integrity and aesthetic appeal. Any sign which is
allowed to deteriorate to the point where it, in the opinion of the
Code Enforcement Office represents a hazard to the public shall be
removed by the owner of the sign or if not available by the owner
of the premises upon which the sign is located within thirty days
of receipt of notice from the Code Enforcement Officer to do so.
Upon failure of the owner to remove the sign within that time the
Town of Candor may enter upon the premise remove such sign and
charge the owner the reasonable costs for such removal. Any unpaid
charges shall be deemed town charges and shall be levied in the
same manner as a special assessment on the tax levy against such
property at the first levy following the billing for such charges
by the Town of Candor. Such unpaid assessments shall be a lien
against the real property of the owner of the premises upon which
the sign was located.
SECTION 5. NONCONFORMING SIGNS; TIME LIMITATIONS
5.1 Any sign situated within the Town of Candor which was in
existence prior to the effective date of this Local Law and which
does not conform with the provisions and standards of this Local
Law shall be removed not more than seven years after the effective
date of this Local Law.
SECTION 6. PENALTIES AND ENFORCEMENT
- Any person who commits or permits the commission of any act or
acts in violation of any of the provisions of this local law shall
be subject to a fine of not more than Two Hundred Fifty Dollars
($250.00) or imprisonment for not more than fifteen (15) days, or
both such fine and imprisonment, and/or suspension of the permit
for a period of at least five (5) days, for each such violation.
Each day such violation shall continue or be permitted to exist
shall constitute a separate violation.
- In addition to the penalties herein provided for, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction any violation of this local law.
Notwithstanding any other penalty herein, the Town of Candor may
thirty (30) days after a conviction under this local law enter upon
the premise of the violator and remove all signs which have
constituted such violation and charge the
violator for the reasonable costs thereof. Such unpaid charges
shall be deemed town charges and shall be levied as in a manner of
a special assessment on the tax levy against such property at the
first levy following the billing for such charges by the Town of
Candor. Such unpaid assessments shall be a lien against the real
property of the violator.
6.2 Enforcement Officer
The Town of Candor shall have the authority to appoint an
Enforcement Officer authorized and empowered to act on behalf of
the Town of Candor to enforce the provisions of this Law, or to so
authorize and empower the existing Code Enforcement Officer, such
enforcement authority shall include but not be limited to the right
of enter onto any premises having a permit or applying for the same
or on premises which have no permits but are reasonably deemed to
be in violation of this Local Law.
SECTION 8. APPEALS
Requests for an appeal from an Enforcement Officer's decision
shall be made to the Town Planning Board. The Town Planning Board
shall adopt regulations concerning the method for filing and
processing such appeals and determining the fee to be charged for
filing and processing. Such regulations shall be subject to review
and approval by the Town Board prior to implementation.
SECTION 9. MISCELLANEOUS
9.1 Minimum Requirements
The provisions of this law are intended to be the minimum
requirements necessary to accomplish the purpose of the law and
must be interpreted and applied accordingly. When requirements of
this Law conflict with the requirement of other lawfully developed
rules, regulations, or law, the most restrictive or that imposing
higher standards takes precedence.
9.2 Application of Other Laws
Nothing contained in this Local Law shall relieve any person
from the requirement of complying with any other law, rule or
regulation of the state of New York or order of the Town of Candor,
including but not limited to the New York state Uniform Fire
Prevention and building Code or Local Law No.1 for 1984.
The invalidity of any section or provision of this Local Law
shall not invalidate any other section or provision thereof.
9.4 Effective date
The Local Law shall be effective upon filing with the
Secretary of state in accordance with Section 27 of the Municipal
Home Rule Law.