P.R. Laws tit. 9, § 51d

2019-02-20 00:00:00+00
§ 51d. Exclusions

The provisions of this chapter shall not apply to the following signs or advertisements:

(a) Flags, emblems or insignias representing a nation, government or political subdivision.

(b) Commemorative inscriptions installed by entities or agencies in renowned historic sites.

(c) Signs identifying public roads, addresses or norms, or any other device for transit control established by the Department of Transportation and Public Works or any municipal authority.

(d) Signs or advertisements on vending machines (cold beverages, newspapers), provided that they only identify or advertise the product sold or distributed.

(e) Signs or advertisements on score boards in athletic arenas or parks, provided that they face the stands.

(f) Material on commercial points of sale including, without limitation, material related to prices, brands, promotions or logos, and emblems or registration stickers on windows or doors to inform the general public of the business operating hours or services rendered such as credit cards accepted.

(g) Official public notices of the government or notices installed by governmental officials as part of their job performance.

(h) Any type of sign or propaganda of political nature, as well as religious, recreational or civil citizen expression of any kind, installed on those places permitted by law.

(i) Any type of flyer or printed propaganda distributed manually which is not affixed or adhered to any structure.

(j) Signs and advertisements installed in booths, equipment or other structures to be installed on sidewalks, which shall be provided, sponsored or authorized by the corresponding municipality, provided they meet the following conditions:

(1) That the structures have been certified by a licensed engineer.

(2) That the total size of the structure does not exceed thirty-two (32) square feet on each side, without extending over the roof or lateral wall of the structure, and that its illumination is non-intermittent.

(3) That the structure does not invade the right of way of vehicles and allows the safe and free movement on the sidewalks of pedestrians and of those persons with physical disabilities or who must use wheelchairs or other special equipment.

(4) That the provisions of §§ 51b and 51e of this title are met.

(k) Signs on the ground that do not exceed a height of thirty (30) feet, whose size is not greater than one hundred (100) square feet and whose span is of not less than fifteen (15) feet, insofar as a structural certification is presented that guarantees their stability and that they comply with the Puerto Rico Building Code in effect. All signs that contain an advertisement of a sponsoring business may not exceed twenty-five percent (25%) of the size of the sign. If exceeding twenty-five percent (25%), it shall be deemed to be an advertisement and the permits required under the law must be applied for.

(l) Signs in commercial establishments and professional offices, as defined in subsection (q) of § 51 of this title, whose size does not exceed thirty-five percent (35%) of the size of the front facade or one hundred (100) square feet, whichever is greater, attached to the faade or pursuant to the provisions of subsection (k) of this section for signs on the ground. All signs that contain an advertisement of a sponsoring business, such advertisement may not exceed twenty-five percent (25%) of the size of the sign. If exceeding twenty-five percent (25%), it shall be deemed to be an advertisement and the permits required under the law must be applied for.

(m) Signs that identify churches, schools, and public education institutions, and the institutions, departments, and divisions of the Government of Puerto Rico, its municipalities, and the agencies of the Government of the United States of America, which bear no advertisement message and do not exceed one hundred (100) square feet.

(n) Signs printed in awnings attached to the facade of a building that do not surpass the width of the sidewalk. If the same contains an advertisement of a sponsoring business, the same may not exceed twenty-five percent (25%) of the size of the sign. If exceeding twenty-five percent (25%), it shall be deemed to be an advertisement and the permits required under the law must be applied for.

For the signs contemplated in subsections (k), (l), and (n) of this section an application must be filed for their first time and they must be included in the Sign and Advertisement Register. As for first filings, it shall not be necessary to hold a signwriter license. These signs must comply with the percentage established in this chapter pertaining to signs in faade. If a new situation arises that entails a change of sign, it shall be necessary to file for a new permit. As for signs on the ground, structural certifications shall be submitted every three (3) years or whenever a change in the Building Codes takes place.

History —Dec. 22, 1999, No. 355, § 8; Sept. 2, 2000, No. 336, § 3; July 26, 2010, No. 97, § 1, eff. 60 days after July 26, 2010.