ACT 140 OF 1994
Official Gazette No. 41,406., June 24, 1994
Whereby Visual Outdoor Advertising in national territory is regulated. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. SCOPE. This Act establishes the conditions under which Visual Outdoor Advertising can be done in the national territory.
It is understood by Visual Outdoor Advertising, mass media aimed at informing or call public attention through visual elements such as legends, inscriptions, drawings, photographs, signs or the like, visible from roads or domain use public, whether pedestrian or vehicular, land, river, sea or air.
Not considered Visual Outdoor Advertising for the purposes of this Act, road signs, urban or rural classification, information on historical, cultural and tourist sites, and that temporal information of educational, cultural or sporting activities that place the public authorities or others on behalf of these, which may include commercial or other long messages and when they do not occupy more than 30% of the size of the respective message or warning. Nor Visual Outdoor Advertising is considered artistic expressions such as paintings or murals, provided they contain no commercial or other messages. Effective Jurisprudence
. OBJECTIVES. This Act aims to improve the quality of life of the inhabitants of the country through the visual and landscape decontamination, protection of public space and the integrity of the environment, road safety and simplification of administrative action relating with Visual Outdoor Advertising.
The law should be interpreted and applied taking into account the above objectives. Effective Jurisprudence
ARTICLE 3. LOCATION PLACES. It may be placed Visual Outdoor Advertising in all parts of the country, except for the following:
a) In areas that constitute public space in accordance with local regulations, district and indigenous territorial entities that are issued on the basis of Law 9a. 1989 or the rules that modify or replace. However, it may be placed Visual Outdoor Advertising in the enclosures for the presentation of public events, at bus stops of public transport vehicles and other elements of urban furniture, in the manner prescribed by the authorities exercising control and monitoring this activities;
B) Within 200 meters from the property declared national monuments;
C) where prohibited Municipal Councils and District pursuant to the 7th numerals. and 9th. Article 313 of the Constitution;
D) In private property without consent of the owner or holder;
E) On the infrastructure such as poles to support electric and telephone networks, bridges, electrical towers and any other structure owned by the state. Effective Jurisprudence
ARTICLE 4. CONDITIONS OF OUTDOOR ADVERTISING VISUAL IN URBAN AND RURAL AREAS. The Visual Outdoor Advertising to be placed in urban areas of the municipalities, districts and in indigenous territories must meet the following requirements:
a) Distance: up to two adjacent billboards may be placed with the Visual Outdoor Advertising. The minimum distance from the nearest may not be less than 80 meters. Within two (2) kilometers following the urban boundary and indigenous territories road, a fence may be placed every 200 meters, after this distance a fence may be placed every 250 meters;
B) Distance from the road: The Visual Outdoor Advertising in rural areas should be a minimum distance of fifteen linear meters (15 m / L) from the edge of the road. The location of the Visual Outdoor Advertising in urban areas regulate the municipal councils;
C) Dimensions: Visual Advertising may be placed outside on terraces, covers and cylinder heads properties built, as long as its size does not exceed the lateral sides of said properties.
The dimension of the Outdoor Advertising Visual unbuilt batch may not exceed forty-eight square meters (48 m2). Effective Jurisprudence
The 5th ITEM. CONDITIONS OF ADVERTISING TO USE PUBLIC SERVICES. The Visual Outdoor Advertising using public services must meet the requirements for installation, use and payment.
In no event shall the Visual Outdoor Advertising may hinder the installation, maintenance and operation of public services.
ARTICLE 6o. PROXIMITY WARNING. Except in places that prohibit a) and b) of Article 3., May be placed Visual Outdoor Advertising in rural areas to warn of the proximity of a place or establishment.
Publication may only be placed on the right side of the road, in the direction of traffic flow in two (2) different locations within the pre-establishment kilometer. Notices must have a maximum size of four square meters (4 m2) and can not be located closer than fifteen meters (15 m / 1), counted from the edge of the road closest to the notice.
Not be affixed indicative of proximity of places or establishments hindering the visibility of road signs and naming and informative advertising. Effective Jurisprudence
ARTICLE 7. MAINTENANCE. To all Outdoor Advertising Visual be given proper maintenance, so that no dirt present conditions, insecurity or deterioration. Mayors should make periodic for all advertising that is placed on the territory of their jurisdiction strictly comply with this obligation revisions. Effective Jurisprudence
Article 8. DURATION. Effective Jurisprudence
Article 9. CONTENT. The Visual Outdoor Advertising may not contain messages that constitute acts of unfair competition or that violate the laws of morality, decency or lead to confusion with the road and information signs.
In the Visual outdoor advertising no words, images or symbols that violate due respect to the figures or symbols enshrined in national history may be used. Equally they violate those beliefs or religious, cultural or affective early communities that defend human rights and dignity of peoples prohibited.
All advertising must contain the name and telephone owner of the Visual Exterior Publicity. Effective Jurisprudence
ARTICLE 10. FREEDOM OF EXERCISE AND PRINCIPLE OF LEGALITY. Effective Jurisprudence
ARTICLE 11. REGISTRATION. No later than three (3) business days after placing the Visual Exterior Publicity, must register such placement to the mayor of the municipality, district or respective indigenous territory or to the authority in whom is delegated this function.
The municipal authorities, district and indigenous territories open a record of Visual Outdoor Advertising placement, which will be public.
For purposes of registration, the owner of the Visual Outdoor Advertising or legal representative must provide in writing and keep their data in the record the following information:
1. Name of Advertising, along with its address, identification, Nit, and other data needed for its location.
2. Name of the property owner where advertising is located, along with its address, identification, Nit, telephone and other data for your location.
3. Illustration or photograph of the Visual Outdoor Advertising and transcription of the texts that appear in it. The owner of the Visual Outdoor Advertising must also record the changes to be introduced later.
Are presumed Visual Outdoor Advertising was placed in its location registration in the order they appear registered.
People who place other than as provided in this Act advertising and not to register with the terms of this article shall incur fines for effect indicate the municipal authorities, district and indigenous territories, developing as provided in Article 13 of this Law. Jurisprudence Effective
ARTICLE 12. REMOVAL OR MODIFICATION OF THE OUTDOOR ADVERTISING VISUAL. Effective Notes
ARTICLE 13. SANCTIONS. Effective Notes
ARTICLE 14. TAXES. Authorize the municipal, district and indigenous territorial entities that are created councils, so that from the day following the entry into force of this Law calendar year, suit authorized by Law 97 of 1913 and 84 of 1915 tax, which referred to law 14 of 1983, Decree law 1333 of 1986 and law 75 of 1986 so that also covers the placement of any Visual Outdoor Advertising, defined in accordance with this law. in any case, the sum total taxes incurred each fence shall not exceed the amount equivalent to five (5) monthly minimum wages per year.
Municipal authorities take the necessary measures for officials responsible for collecting tax collection and receive the names and number of people Nit appear in the register of Visual Outdoor Advertising dealt with in Article 12 of this Law measures .
ARTICLE 15. Any fence installed in the country whose advertising mandated by the law requires a specific message concerning health, environment, culture and civic, it may not exceed 10% of the total area of the fence.
The Visual Outdoor Advertising covered by this law are those with a less than 8 square meters dimension.
Not be bound to the provisions of this article fences owned by: The Nation, the Departments, the Capital District, municipalities, government agencies, except industrial and commercial state enterprises and mixed economy around order, charities or relief and Visual Outdoor Advertising of parties, political movements and candidates during election campaigns. Effective Jurisprudence
ARTICLE 16. TRANSITIONAL PROVISIONS. The Visual Outdoor Advertising placement-which had been authorized before the entry into force of this Act may continue in place for the time allowed by the license or respective permit and under the conditions authorized by them. After this period or within six months, from the effective date of this law, if he had not prescribed period in the license or permit, you must comply with the provisions mentioned here. Effective Jurisprudence
ARTICLE 17. EFFECTIVE DATE. This Law takes effect from the date of its enactment and repeal the provisions that are contrary.
The national government must publish the amended laws or partially reformed by this Act, by incorporating the amendments that have been submitted. Effective Jurisprudence
The President of the honorable Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT.
Published and complied.
Given in Bogota, DC, 23 June 1994.
César Gaviria Trujillo.
The Minister of Economic Development, Mauricio Cárdenas Santa María
The Minister of Transport,
JORGE BENDECK OLIVELLA.