County Outdoor Advertising Control Act

This Act may be cited as the County Outdoor Advertising Control Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 276
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the County Outdoor Advertising Control Act. This section provides definitions of terms used in the Act. An exemption applies for directions to property that is for sale, lease, or exchange when the display is not visible from a highway. A licensee may apply to the county executive committee member to renew the licence at least one month before the licence expires. The county executive committee member must consider a licensee's representation under subsection (2) and notify the licensee of the decision with reasons within seven days.

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Provisions of County Outdoor Advertising Control Act

Showing 22 of 22

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the County Outdoor Advertising Control Act.

Section 1. Short title Section This Act may be cited as the County Outdoor Advertising Control Act.
2
PRELIMINARY - 2. Interpretation
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This section provides definitions of terms used in the Act.

Section 2. Interpretation Section In this Act— "advertisement" means any notice or representation employed wholly or partly for the purposes of drawing the attention of the public to or promoting any product or service; "amenity" means the effect of an advertisement upon the appearance of the building or structure or the immediate neighbourhood where it is displayed, or its impact over long distance views; "arena" means a venue for indoor or outdoor sports, concerts or other events; "county executive committee member" means the county executive committee member responsible for matters relating to outdoor advertising; "hoarding" means a wooden structure surrounding a structure or building; "licensee" means a person who has been licensed to carry out outdoor advertising under this Act; "rate card" means a document containing prices and descriptions for various advertisement placement options available from a service sector, which sets out the minimum and maximum prices of a service; "site" includes the land or building on which an advertisement is displayed; "sponsorship marketing plan" means an agreement between a property owner, facility owner, facility operator, or occupant of the premises of a sports, cultural or social arena and a sponsor pursuant to which the sponsor is allowed to include the sponsor's logo, slogan or other advertisement on the advertising displays; and "vehicle" includes any vessel on any inland waterway or on coastal waters, trains and aeroplanes but does not include vehicles used principally for the display of advertisements.
3
PRELIMINARY - 3. Exemption from application of Act
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An exemption applies for directions to property that is for sale, lease, or exchange when the display is not visible from a highway.

Section 3. Exemption from application of Act Section directions to property for sale, lease, or exchange where the display is not visible from a highway;

Part II

OUTDOOR ADVERTISING LICENCE

10
OUTDOOR ADVERTISING LICENCE - 10. Renewal of licence
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A licensee may apply to the county executive committee member to renew the licence at least one month before the licence expires.

Section 10. Renewal of licence Section 10(1) A licensee may at least one month before expiry of the licence, apply to the county executive committee member for the renewal of the licence. Section 10(2)(a) an application for renewal in the prescribed form; Section 10(2)(b) the written consent of the owner of the site or any other person with an interest in the site entitled to give consent; and Section 10(2)(c) such other information as the county executive committee member may require.
11
OUTDOOR ADVERTISING LICENCE - 11. Revocation of licence
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The county executive committee member must consider a licensee's representation under subsection (2) and notify the licensee of the decision with reasons within seven days.

Section 11. Revocation of licence Section 11(1)(a) by its design, prejudices operations to the area in which it is located; Section 11(1)(b) constitutes or has become a danger to any person or property; or Section 11(1)(c) obscures any other advertisement, natural feature, architectural feature or visual line of civic, architectural, historical or heritage of significance. Section 11(2)(a) issues to the licensee, a notice of at least twenty-one days of the intention to revoke the licence or impose a condition for the continued licensing of the licensee; and Section 11(2)(b) grants the licensee an opportunity to be heard on the revocation or intended conditions. Section 11(3) The county executive committee member shall consider any representation made by a licensee under subsection (2) and shall notify the licensee of the decision with the reason therefor within seven days of making the decision. Section 11(4) A revocation issued under subsection (1) shall specify the date on which the display shall be removed.
12
OUTDOOR ADVERTISING LICENCE - 12. Review
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A person aggrieved by a county executive committee member's decision may apply to a court for review within fourteen days of that decision.

Section 12. Review Section A person aggrieved by the decision of the county executive committee member under this Act may apply to a court of law for review of the decision within fourteen days from the date of the decision.
13
OUTDOOR ADVERTISING LICENCE - 13. Removal of advertisement
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A licensee must remove an advertisement within seven days after the licence is revoked or expires.

Section 13. Removal of advertisement Section A licensee shall remove an advertisement within seven days of the revocation or expiry of an outdoor advertising licence.
4
OUTDOOR ADVERTISING LICENCE - 4. Application for licence
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People intending to do outdoor advertising must apply to the county executive committee member for an outdoor advertising licence and include the listed documents; the county executive committee member must keep a register and may extend application periods and set conditions for late applications.

Section 4. Application for licence Section 4(1) A person who intends to engage in outdoor advertising shall submit an application for an outdoor advertising licence to the respective county executive committee member. Section 4(2)(a) the prescribed application fee; Section 4(2)(b) the written consent of the owner of the site or any other person with an interest in the site entitled to give consent; Section 4(2)(c) laying out every building line and servitude on the site; Section 4(2)(c)(i) laying out every building line and servitude on the site; Section 4(2)(c)(ii) the position and dimensions of the advertising sign in relation to the two boundaries of the property closest to the proposed advertising sign; and Section 4(2)(c)(iii) the location of any public street or any building on a property adjacent to the property upon which such sign is to be erected; Section 4(2)(d) an artistic impression showing the detail, location and measurements of the proposed advertising sign; Section 4(2)(e) a diagram of the property laying out the position of the proposed advertisement in relation to other free-standing advertisements and the closest two boundaries of the property; and Section 4(2)(f) any other information which may be prescribed in the county legislation. Section 4(3) The county executive committee member shall keep and maintain a register in which shall be recorded all applications made and licences issued under this Act. Section 4(4) The county executive committee member may extend the period within which an application for a licence in any case may be made and may prescribe such conditions as the county committee member may consider necessary for the application of a licence outside the prescribed time.
5
OUTDOOR ADVERTISING LICENCE - 5. Consideration of application
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When considering an application, consider the effect the advertisement will have on the general characteristics of the area, including its effect on any features of historic, archaeological, architectural, landscape, cultural or other characteristics.

Section 5. Consideration of application Section the effect the advertisement will have on the general characteristics of the area, including its effect on any features of historic, archaeological, architectural, landscape, cultural or other characteristics;
6
OUTDOOR ADVERTISING LICENCE - 6. Issuance of a licence
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The county executive committee member may approve (with or without conditions) or reject applications for outdoor advertising licences; when multiple applications are received for the same space the member must consider them in order received; the member must notify applicants of decisions within seven days with reasons where applicable; and an approval lapses if the advertisement is not erected within six months of grant.

Section 6. Issuance of a licence Section 6(1)(a) where the applicant meets the requirements of this Act, approve the application and issue a licence to the applicant; Section 6(1)(b) approve the application subject to such conditions as the county executive member may impose; or Section 6(1)(c) reject the application. Section 6(2) Where the county executive committee member receives more than one application for the same advertisement space, the county executive committee member shall consider the applications in the order in which the applications were received. Section 6(3) The county executive committee member shall notify the applicant in writing of any decision made under subsection (1) within seven days of the decision being made with reasons therefor where applicable. Section 6(4) An approval shall lapse if the advertisement is not erected within six months of the grant of a licence under section 5 .
7
OUTDOOR ADVERTISING LICENCE - 7. Consultation
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The county executive committee member must, when considering an application and where appropriate, consult other relevant public bodies with an interest in the safe display of advertisements, including the county executive committee member responsible for planning, environment, management, transport and roads within the county.

Section 7. Consultation Section The county executive committee member shall, in considering an application and where appropriate, consult other relevant public bodies that have an interest in the safe display of advertisements including the county executive committee member responsible for planning, environment, management, transport and roads within the county.
8
OUTDOOR ADVERTISING LICENCE - 8. Duration of licence
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A licence takes effect on the date specified in the licence or, if none is specified, on the date it is issued, and only upon payment of the prescribed outdoor advertisement fee.

Section 8. Duration of licence Section comes into force on the date specified in the licence or, if no date is specified, the date on which it is issued and upon payment of the prescribed outdoor advertisement fee; and
9
OUTDOOR ADVERTISING LICENCE - 9. Advertisement not to be altered, removed, etc.
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Licensees must not alter, remove, re-erect or upgrade a licensed advertisement unless they have applied for and obtained approval from the county executive committee member; maintenance work does not require that approval.

Section 9. Advertisement not to be altered, removed, etc. Section 9(1) A licensee shall not alter, remove, re-erect or upgrade an advertisement for which a licence has been issued unless the licensee has applied for and obtained the approval of the county executive committee member. Section 9(2) A licensee shall not be required to obtain approval under subsection (1) for the carrying out of maintenance work with respect to an advertisement for which a licence has been issued.

Part III

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 14. Maintenance of signs and costs
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Maintain the site used for the display of an advertisement in a reasonably clean and tidy condition.

Section 14. Maintenance of signs and costs Section maintain the site used for the display of an advertisement in a reasonably clean and tidy condition;
15
MISCELLANEOUS PROVISIONS - 15. No other government entity to levy fees
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Subject to this Act or any other written law, no other government entity shall regulate and levy fees on outdoor advertising.

Section 15. No other government entity to levy fees Section Subject to this Act or any other written law, no other government entity shall regulate and levy fees on outdoor advertising.
16
MISCELLANEOUS PROVISIONS - 16. Publication of application for a licence
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The county executive committee member must publish a notice of an application for grant or renewal of a licence on the county website and on public notice boards in the prescribed form; invite public comments within seven days; and consider those comments before deciding the application.

Section 16. Publication of application for a licence Section 16(1) The county executive committee member shall cause a notice of an application for the grant or renewal of a licence to be published in the prescribed form on the county website and displayed on notice boards and sites accessible to the public. Section 16(2) The county executive committee member shall, in the notice under subsection (1) invite any interested member of the public to submit comments or representations on the application within seven days from the date of the notice. Section 16(3) The county executive committee member shall consider all comments or representations received pursuant to a notice under subsection (2) before determining an application under this Act.
17
MISCELLANEOUS PROVISIONS - 17. Inspections
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An authorized officer may inspect advertisements (except on Sundays and public holidays); before starting an inspection the officer must produce written confirmation of authorization to the property owner; inspections must be carried out with due regard to decency, orderliness and the right to property under Article 40.

Section 17. Inspections Section 17(1) The authorized officer may, on any day other than a Sunday or a public holiday, carry out an inspection of any advertisement. Section 17(2)(a) before the commencement of an inspection, produce a written confirmation of the officer's authorization to the owner of the property on which an advertisement is displayed; and Section 17(2)(b) carry out the inspection with due regard to decency, orderliness and the right to property under Article 40 of the Constitution.
18
MISCELLANEOUS PROVISIONS - 18. Vandalism of advertisement
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First offence of vandalism of an advertisement is punishable by up to nine months imprisonment, or a fine of up to two hundred thousand shillings, or both.

Section 18. Vandalism of advertisement Section in the case of a first offence, to imprisonment for a term not exceeding nine months, or to a fine not exceeding two hundred thousand shillings, or to both; and
19
MISCELLANEOUS PROVISIONS - 19. Dispute resolution
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The National government, a county government or any other person who is a party to a dispute arising under this Act must take reasonable measures to resolve the dispute by alternative dispute resolution before resorting to judicial proceedings.

Section 19. Dispute resolution Section 19(1) The National government, a county government or any other person who is a party to a dispute arising under this Act shall take reasonable measures to resolve the dispute by alternative dispute resolution before resorting to judicial proceedings. Section 19(2)(a) notifies the other party of the issues that are in dispute and offering to settle them; Section 19(2)(b) responds appropriately to a notification under paragraph (a); Section 19(2)(c) provides relevant information and documents to the other party to enable that party understand the issues and determine the best approach to take in responding to the issues; or Section 19(2)(d) collaborates with the other party in determining the person to facilitate resolution of the dispute; and Section 19(2)(d)(i) collaborates with the other party in determining the person to facilitate resolution of the dispute; and Section 19(2)(d)(ii) attends the alternative dispute resolution process.
20
MISCELLANEOUS PROVISIONS - 20. General penalty
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A person who contravenes any provision of the Act that has no specified penalty is, on conviction, liable to up to six months' imprisonment or a fine not exceeding 200000 shillings, or both.

Section 20. General penalty Section A person who contravenes any provision of this Act for which no penalty is provided is liable, on conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred thousand shillings or to both.
21
MISCELLANEOUS PROVISIONS - 21. County legislation
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County assemblies may enact county-specific legislation to implement this Act in their county.

Section 21. County legislation Section 21(1) A county assembly may enact county specific legislation for the implementation of this Act in the respective county. Section 21(2)(a) the service of any notice required under this Act; Section 21(2)(b) a rate card that shall be reviewed every seven years stating the fees and charges to be paid in respect of any matter required for the purpose of this Act; Section 21(2)(c) the forms of application for outdoor advertising; Section 21(2)(d) the different classes and duration of an outdoor licence; Section 21(2)(e) the acceptable size and physical location of outdoor advertisement displays; Section 21(2)(f) the performance of the functions, the exercise of the powers and discharge of the duties of the committee under this Act; and Section 21(2)(g) any other matter necessary to give effect to the provisions of this Act.
22
MISCELLANEOUS PROVISIONS - 22. Savings and transitions
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Section be deemed to have been issued under this Act; and

Section 22. Savings and transitions Section be deemed to have been issued under this Act; and

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