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Signage

Flags

Globes

Trailers

Displays

Regulatory
Agencies:

ARPE
Administration of
Permits and Regulations

DTOP
Department of
Transportation and Public Work

Ley Uniforme de Rótulos y Anuncios
(Signage and Outdoor Advertising Uniform Act)

Leyes de Puerto Rico
( Puerto Rico Laws)

SUMMARY (English Version)

Date: December 22, 1999

Effective Date: February 22, 2000

Cited as:  Law 355 of December 22, 1999

Purpose and Application:

This Act regulates the use of signage and outdoor advertisements in Puerto Rico. It also establishes a requisite of permits and registration before the Administration of Permits and Regulations (ARPE). It applies to outdoor advertising, signages, displays, banners, globes, flags, trailers, electronic or digital displays, etcetera.  Articles 8 and 10 of the Law details various categories of signages and outdoor advertising exempted from the application of the law or that do not require permits. On the other hand, article 9 specifies a list of prohibited signages.

Registration Fee:

Every signage or outdoor advertising will bear a registration fee of Ten dollars ($10.00) and will be co-related to  a registration tag.  A grace period of six months is given to owners of signages posted before the law, to register.

Basic Principles:

• A permit must be obtained from ARPE in order to install a signage.
• Every signage will bear a registration tag.
• Prohibits the installation of signages in trees, utility poles and public easements.
• Prohibits signages on vehicles or trailers parked on the side road.
• Regulates globes for commercial advertising
• Signages supported by a frame will require a certification from an engineer.
• Street banners will require an additional permit from DTOP (Department of Transportation and Public Works)
• Electronic boards, wall paintings, prints and other graphic advertisings are to be considered signage for purposes of this law.

Signages not regulated under the Act:

Article 8 of this Act,  list the following signage  not regulated under this Act:

• Flags that are representative of a country or political division.
• Commemorative plaques installed by agencies or entities in historic places.
• Traffic signs.
• Signage and advertisings in billboards of athletic facilities, if facing the audience in the bleachers.
• Advertisement of product stands if they identify the product being sold.
• "Point of Sale" signage (POP, POS), such as promotions, pricing, trademarks, installed on doors and windows.
• Governmental notices and political or religious promotions on lawful locations.
• Loose leaf advertisement.

Signage that does not require a permit from ARPE under the Act:

Article 10 of this Act,  lists the following signage that do not require a permit  under this Act and may be installed in any area:

• Warning signs.
• Temporary signage for single events, campaign, and messages of political, religious, artistic, sports, or similar nature. These must comply with various conditions such as a maximum term of 90 days of display, removal within 5 days from the conclusion of the activity, maximum height of 30 feet, maximum ad area of 200 square feet, and others.
• Street banners when they comply with specified conditions such as: DTOP permit, notice to ARPE, maximum term of 30 days of display, removal within 5 days from the conclusion of the activity, maximum ad area of 50 square feet, must be at least 100 feet apart from semaphores, etcetera.
• Advertisement signages for development projects during the initial sale or lease term. Certain conditions are required under Art. 10.
• Signages on commercial establishments' windows not to exceed 30% of total window area.
• Private flags to identify commercial establishments or non profit entities if installed within their lot and not exceeding 100 square feet and 50 feet height.
• Signages in gas stations and drive-in services required by federal regulation.

Signages or advertisements prohibited  under the Act:

Article 9 of this Act,  list the following signage prohibited under this Act:

• Abandoned signages as determined by ARPE.
• Those with movement or gyratory, except those located in large commercial or recreation centers.
• Located on trees, utility poles and public easements.
• Those posted on vehicles and trailers parked on the side road. Taxis, buses, and public transportation are excepted.
• All signage and advertisement that although permitted by this act, might cause distraction to drivers as consequence of its location.

Penalties:

Violators of this regulation may be fined up to two hundred dollars ($200.00)  per violation. Further penalties may be imposed under the proposed regulation to administer this law. 

NOTE:

The Act should be studied carefully by marketers and promoters, as it contains significant details related to the signage activity. The regulatory agency is in the process of enacting regulation to administer this law with more detail. There are also various forms issued by ARPE for the application of permits and authorizations before the regulatory agency.