Model Municipal Outdoor Advertisement Bye-Laws 2015

DEPARTMENT OF LOCAL GOVERNMENT
(Town Planning Wing)

No. DirTP/2015/2144. Dated the 9th July, 2015

NOTIFICATION

The following draft of Model Municipal Outdoor Advertisement Bye-Laws 2015, which the Governor of Punjab proposes to make in exercise of the powers conferred by sub-section (1) of section 201 of the Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911), and all other powers enabling him in this behalf, is published below as required by section 200, for the information of the persons likely to be affected thereby.

2. Notice is hereby given that the draft will be taken into consideration by the Government on or after the expiry of a period of thirty days from the date of publication of this notification in Official Gazette, together with any objection or suggestion with regard to the said Bye-laws, which may be received by the Secretary of Government of Punjab, Department of Local Government, Chandigarh, from any person, before the expiry of the period so specified.

DRAFT BYE-LAWS
CHAPTER – I
TITLE AND COMMENCEMENT

1.1 These Bye-Laws may be called the Model Municipal Outdoor Advertisement Bye-Laws 2015.

1.2 These shall come into force on such date, as the Government may by notification, appoint.

1.3 These Bye-Laws shall apply to the Municipal area of all Municipal Councils / Nagar Panchayats or to such other areas, as the State Government may extend by notification in the official gazette.

2. Definition:-

In the order unless there is anything repugnant in the subject or context:-

(i) “Advertisement” shall mean any work, letter, model sign, device or representation supported on or attached to any post, pole, standard framework or other support wholly or in part upon or over any land building or structure which or any part of which shall be visible against the sky from some point in any street includes all and every part of any such post, pole, standard frame work or other support. It shall also include any balloon parachute or other similar employed wholly or in part for the purpose of any advertisement announcement or direction upon or over any land , building or upon or over any street

(ii) “Advertisement Regulation Committee” means Committee consisting of (a) Executive Officer, Municipal Council / Nagar Panchayat (b) STP / MTP/ATP of Local Government Department (c) in-charge Advertisement( d) Executive Engineer of PWD (B&R) (e) Deputy Superintendent of Police,(Traffic) (f) STP/DTP of Housing and Urban Development Department (g) Representative of the Concerned Highway Authority

(iii) “Advertisement Zoning Plan” means the numbered plan signed by the Executive Officer and kept in his office defining the areas of special control and restrictions regarding the advertisements applicable to such areas.

(iv) “Area of Special Control” means as area so defined in the advertisement Zoning plan.

(v) “Enclosed Land” shall means the land which is wholly or for the most part enclosed within the hedge fence, wall or similar screen or structure and shall not include any railway station together with the yards and fore court thereof, whether enclosed or not, any public park, public garden or other land held for the use or enjoyment of the public.

(vi) “Illuminated Advertisement” shall mean any advertisement with self-luminous by an outside source of light, but not include an illuminated display of foods if such display:

(a) is of goods merely bearing labels showing the name of articles of its manufacturer or of other : and

(b) is made by lighting which is not, in the opinion of the Executive Officer more than is necessary to make the goods labels visible at night.

(vii) “Name Plate” shall mean an advertisement announcing the name of owner and or name of occupier of building and/or name of a building upon which such advertisement is fixed, exhibited, painted, pasted, retained or displayed, provided that the size of the letters constituting such advertisement does not exceed 2” in height and the total area does not exceed 4 square feet.

(viii) “Structure” shall include a post, pole, tree, bridge, embank and road surface and also a tramcar, omnibus and any other vehicle any movable board used primarily as an advertisement or advertising medium.

3. Regulation and control of advertisement

No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building; wall, boarding, frame, post or structure or place within the city without the written permission of the Executive Officer granted in accordance with bye-laws made under this Act.

Provided that no permission shall be required for any advertisement which:-

(a) is exhibited within the window of any building if the advertisement relates to the reader, profession or business carried on in that building; or

(b) relates to trade profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale entertainment or meeting to be held on or upon or in the same; or

(c) relates to the name of the land or building upon or over which the advertisement a railway administration is exhibited, or the name of the owner or occupier of such land or building ; or

(d) Relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of the railway administration ; or

(e) Relates to any activity of the Government or Union of India or the Council.

4. Outdoor Advertisement and Road Safety criteria

An advertisement device may be considered a traffic hazard:

a. If it interferes with road safety or traffic efficiency.

b. If it interferes with the effectiveness of a traffic control device (e.g. traffic light, stop or give way sign).

c. Distracts a driver at a critical time (e.g. making a decision at an intersection)

d. Obscures a driver’s view of a road hazard (e.g. at corners or bends in the road)

e. Gives instructions to traffic to “stop”, “halt” or other (e.g. give way or merge)

f. Imitates a traffic control device.

g. Is a dangerous obstruction to road or other infrastructure, traffic, pedestrians, cyclists or other road users.

h. Is in an area where there are several devices and the cumulative effect of those devices may be potentially hazardous.

i. If situated at locations where the demands on drivers concentration due to road conditions are high such as at major intersections or merging and diverging lanes.

5. Control of the Physical Characteristics of Advertisement Devices shall be as follows:-

a. Advertising shall not contain flashing red, blue or amber point light sources which, when viewed from the road, could give the appearance of an emergency service or other special purpose vehicle warning light’s.

b. All lighting associated with the Advertisement Device shall be directed solely on the Advertisement Device and its immediate surrounds.

c. External illumination sources shall be shielded to ensure that external ‘spot’ light sources are not directed at approaching motorists.

d. Illumination of advertisement device is to be concealed or be integral part of it.

e. Upward pointing light of the device shall not be allowed, any external lighting is to be downward pointing and focused directly on the sign so that glare does not extend beyond the Advertisement Device.

f. The average maintained luminance shall be reduced to 0.5 candelas or all together shut, after 2300 hours (11 P.M.) and sunrise by automatic timing devices.

g. Non-static illuminated Advertisement Devices (flashing lights) are not permitted within the boundaries of Municipal roads.

h. Moving, rotating or variable message Advertisement Devices are not permitted within the boundaries of municipal roads as these cause a statistically significant distractive influence on motorist’s response times to external stimuli.

This permission criterion is not intended to apply to variable message displays used by road authorities for traffic management or for displaying other corporate information. Variable message displays located at bus stop or similar places where messages are directed at, and intended for, pedestrians (not motorists) are excluded.

6. Outdoor hoarding and their Content Criteria

The Municipal authority may take action to modify or remove any Advertisement Device that contravenes the following negative advertisements or that otherwise cause a traffic hazard.
List of Negative Advertisement:-

• Nudity
• Racial advertisements or advertisements propagating caste community or ethnic differences;
• Advertisement promoting drugs, alcohol, cigarette or tobacco items;
• Advertisements propagating exploitation of women or child;
• Advertisement having sexual overtones;
• Advertisement depicting cruelty to animals;
• Advertisement depicting any nation or institution in poor light;
• Advertisement casting aspersion on any brand or person;
• Advertisement banned by any law
• Advertisement glorifying violence;
• Destructive devices and explosives depicting items;
• Any psychedelic, laser or moving displays;
• Advertisement of Weapons and related items (such as firearms, firearm parts and magazines, ammunition etc.);
• Advertisement which may be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• Advertisements which may be obscene or contain pornography or contain an “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• Advertisement linked directly or indirectly to or include description of items, goods or services that are prohibited under any applicable law for the time being in force, including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860;and
• Any other items considered inappropriate by the Municipal bodies.

For all categories of devices (except Category of devices which are directed at pedestrians), text elements on an Advertisement Device face should be easily discernible to traveling motorists. This will minimize driver distraction. Additionally, a sign shall be quickly and easily interpreted so as to convey the required advertisement message to the viewer and reduce the period of distraction.

The content or graphic layout exhibited on advertisement device panel shall avoid hard-to-read and overlay intricate typefaces and have letters styles that are appropriate. Under no circumstances should device contain information in text sizes, which would necessitate the driver or passenger in a moving vehicle to stop, read and/or note down, which is detrimental to the smooth flow of traffic and distracting for the driver.

All signs shall be so designed as to maintain a proportion where, as a general rule, letters should not appear to occupy more than 20% of the sign area, unless otherwise permitted by the Municipal bodies.

7. Prohibited areas and areas of special control and restrictions there-on:-

The Executive Officer may:-

a) by order prohibit the erection, exhibition, fixation, retention or display of all or any class of advertisements if any street road or public park or part thereof or in any place or public resort;

b) regulate the erection, exhibition, fixation, retention or display of advertisements, in manner in the prohibited areas and areas of special control, in accordance with the regulations indicated in the Advertisement Zoning Plans of the said areas. Explanation:- the restrictions indicated in the advertisement zoning plans shall be in addition to those mentioned in the other clauses of the bye-laws.

8. Classification of advertisement devices

The categories of the advertisement devices:-

Category 1: Large-format advertisements, mainly fixed on billboards / unipoles and bridge and flyover panels

Category 2: Advertisement mounted on public amenities, like public toilets, garbage collection points etc;

Category 3: Fleets and transport related infrastructure;

Category 4: Advertisement devices for self-advertisement in commercial area;

9. Outdoor advertising and structure criteria

Advertising Device structures including the foundations, for categories 1 and 2 devices, shall be designed and checked for extreme wind conditions, earthquakes, soil bearing capacity etc and shall comply with relevant Indian structural design standards, codes of practice and the Byelaws guidelines. The designs shall be certified by an experienced and practicing structural engineer.

The supporting structure shall have a non-reflective finish to prevent glare. The devices structure shall be well maintained at all times. It shall be painted in colours that are consistent with, and enhance the surrounding area and will be compliant with the criteria for colours laid out earlier in the Byelaws.

Official road furniture such as official signs and delineator guide-posts shall not be used as the supporting structure of an advertising device.

The name of the Advertising Device license holder should be placed in a conspicuous position on the device.

10. Outdoor advertising devices and electrical connection

The electrical connections and components in all Advertising Devices shall be in accordance with relevant Indian Standards and designed to ensure there is no safety or traffic risk.

No generator running on diesel / petrol / kerosene or any bio fuel, causing noise, air or water pollution would be allowed for providing power for illumination of any outdoor advertising device.

10.1 Electricity from the renewable energy sources

To promote conservation of electricity it is important that the illumination at some of the outdoor advertising devices shall be draw power from alternative renewable resources like solar power and for such advertisement devises, the license fee charges will be 1 /3rd. However this clause is only suggestive and not mandatory.

11. Permissibility of different category of advertising devices

As per schedule – I

12. Specific conditions for different category of advertising devices

As per schedule – II

13. Functions of the Advertisement Regulation Committee

(i) The Advertisement Regulation Committee shall identify the area of special control and prepare advertisement / Zoning Plans indicating the categories of advertisement devices permissible in different Areas of Special Control.

(ii) In case any practical difficulty arises with respect to implementation of these byelaws or the Zoning Plans, the matter shall be referred to Advertisement Regulation committee who shall on reference consider and make suitable recommendations to the Executive Officer for his decision.

14. Jurisdiction

All disputes shall be subject to the jurisdiction of the concerned Civil Court only.

15. Indemnity

A licensee / sign owner / applicant (licensee) shall be required to indemnity the Municipal Authority for the designated Advertising Device and activities against all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against, or made upon the Municipal Authority which arise as a result of the installation or existence of an Advertising Device.

The advertiser shall always be responsible for any injury or damage caused or suffered by any person or property arising out of or relating to the display of device / advertisement and the consequential claim shall be borne by the advertiser who will also indemnify and safeguard the Municipal Authority in respect of any such claim or claims.

16. Insurance

• The Licensee in case of Category 1 and 2 Advertising Devices shall provide a public liability insurance policy for their respective rights, interests and liabilities to third parties in respect of accidental death or bodily injury to person (s) or damage to property.
• The public liability Policy of insurance shall be for an amount as specified by Municipal Authority for any single event (or such higher amount as may be notified in writing by the Municipal Authority from time to time) and on the terms specified by the Municipal Authority.

17. Appeals

17.1 Appeal against any decision of the Executive Officer relating to display of advertisement or any matter related thereto shall lie before the Regional Deputy Director, Local Government, Amritsar.

17.2 Before lodging an appeal, the affected person shall seek a review of the decision.

Chandigarh
The 18th June, 2015

ASHOK KUMAR GUPTA, IAS
Secretary to Government of Punjab,
Department of Local Government, Punjab

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