NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8290B
SPONSOR: Gottfried TITLE OF BILL: An act to amend the navigation law, in relation to
prohibiting vessels from operating, anchoring or mooring in the naviga-
ble waters of the state while operating a digital billboard board
SUMMARY OF PROVISIONS:
This bill adds a new Section 43-a to the Navigation Law to prohibit
vessels from operating, anchoring, or mooring in the navigable waters of
the state while operating a digital billboard or another type of bill-
board that uses flashing, intermittent or moving lights.
The bill would not limit the ability of local governments to regulate
the operation of vessels within 1500 feet off their shore pursuant to
section 46a of the Navigation Law, and would further allow localities to
adopt local laws to expressly restrict or prohibit the use of outdoor
advertising signage on vessels within 1500 feet of their shore, or
expressly authorize vessels to operate a digital billboard or another
type of billboard that uses flashing, intermittent or moving lights
within 1500 feet of their shore.
A violation of the bill would be punishable by a civil penalty of $1,500
for the first violation and $5,000 for all subsequent violations.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amended version removes criminal penalties for violations of this
provision.
JUSTIFICATION:
Vessels operating in the navigable waters of the state that are equipped
with digital billboards are a potential public nuisance and public safe-
ty hazard. They can be distracting to fellow boaters, and mar the other-
wise beautiful environment of our local waterways with unwanted adver-
tisements. This bill would prohibit vessels from operating, anchoring,
or mooring in the navigable waters of the state while operating a
digital bill- board or another type of billboard that uses flashing,
intermittent, or moving lights. Local governments would, at local
option, be allowed to authorize vessels to be equipped with these bill-
boards within 1,500 feet from their shores.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8290--B
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Tourism, Parks, Arts and Sports Development -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the navigation law, in relation to prohibiting vessels
from operating, anchoring or mooring in the navigable waters of the
state while operating a digital billboard board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The navigation law is amended by adding a new section 43-a
2 to read as follows:
3 § 43-a. Use of digital billboards. 1. All vessels shall be prohibited
4 from operating, anchoring or mooring in the navigable waters of the
5 state while operating a digital billboard or other type of billboard
6 that uses flashing, intermittent or moving lights.
7 2. As used in this section, the term "digital billboard" shall mean a
8 one or multi-sided outdoor advertising sign that displays digital images
9 using light-emitting diode technology or any such similar technology,
10 unless exclusively used to identify the vessel.
11 3. This section shall not be construed to limit any authority deleg-
12 ated to a city, village or town pursuant to section forty-six-a of this
13 part. A city, village or town may, by local law, expressly restrict or
14 prohibit the use of outdoor advertising signage on vessels within one
15 thousand five hundred feet of its shore or expressly authorize vessels
16 to operate a digital billboard or other type of billboard that uses
17 flashing, intermittent or moving lights within one thousand five hundred
18 feet of its shore.
19 4. A violation of the provisions of this section shall be subject to a
20 civil penalty of one thousand dollars for the first violation, and five
21 thousand dollars for all subsequent violations.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11056-05-9
