In a ruling that combined four factually similar cases, a New York appellate court upheld fines for illegal signage levied by the New York City Environmental Control Board (“ECB”) against businesses that had not registered as Outdoor Advertising Companies (“OAC”). The businesses argued that a city ordinance did not apply to property owners who lease space on their properties, for advertising purposes, to registered OAC’s. The ECB argued that Administrative Code §26-259(b) defined OAC as any entity that leases or otherwise makes space on signs on its buildings or premises available to others for advertising purposes. The appellate court sided with the ECB, holding that the businesses in question, which each had received multiple notices of violation, could be regulated as OAC’s.
JT Tai & Co., Inc. v. City of New York, 925 N.Y.S.2d 434 (A.D., 1st Dep’t, 2011)
The opinion can be accessed at: http://www.courts.state.ny.us/Reporter/3dseries/2011/2011_04729.htm
