Whereby The Visual Outdoor Advertising Is Regulated In The Country

Original Language Title: Por la cual se reglamenta la Publicidad Exterior Visual en el territorio nacional

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ACT 140 OF 1994

(June 23)

Official Journal No. 41.406., June 24, 1994

For which the Visual Foreign Advertising is regulated in the national territory.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. APPLICATION FIELD. This Law establishes the conditions under which Visual Foreign Advertising can be performed in the National Territory.

It is understood by Visual Exterior Visual, the mass media to inform or to draw the attention of the public through visual elements such as legends, inscriptions, drawings, photographs, signs or the like, visible from the routes of public use or domain, whether they are pedestrian or pedestrian, land, river, sea or air.

It is not considered Visual Foreign Advertising for the purposes of this Law, road signs, urban or rural nomenclature, information on historical, tourist and cultural sites, and that temporary information of educational character, cultural or sports which are placed by public authorities or other persons on behalf of the public authorities, which may include commercial or other messages provided that they do not occupy more than 30% of the size of the respective message or notice. Also, artistic expressions such as paintings or murals are not considered to be Visual Exterior, provided that they do not contain commercial or other messages.

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ARTICLE 2o. OBJECTIVES. This Law aims to improve the quality of life of the inhabitants of the country, through visual and landscape decontamination, the protection of public space and the integrity of the environment, road safety and simplification of administrative action in relation to Visual External Advertising.

The law should be interpreted and applied taking into account the above objectives.

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ARTICLE 3o. LOCATION LOCATION. " Visual External Advertising may be placed in all parts of the national territory, except in the following:

(a) In the areas that constitute public space in accordance with the municipal, district, and indigenous territorial entities that are laid down in accordance with Law 9a. of 1989 or of the rules amending or replacing it. However, visual exterior may be affixed to the premises intended for the presentation of public spectacles, on the grounds of public transport vehicles and other elements of urban oblation, under the conditions laid down in this Directive. determine the authorities exercising control and surveillance of these activities;

(b) Within 200 meters of distance from the goods declared national monuments;

c) Where the Municipal and District Councils are prohibited in accordance with the 7o numerals. and 9o. Article 313 of the National Constitution;

d) In private property without the consent of the owner or holder;

e) On infrastructure, such as support poles for power and telephone networks, bridges, power towers and any other state ownership structure.

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ARTICLE 4. CONDITIONS OF VISUAL EXTERIOR ADVERTISING IN URBAN AND RURAL AREAS. The Visual Foreign Advertising that is placed in the urban areas of the municipalities, districts and also in the indigenous territories, must gather the following requirements:

(a) Distance: Up to two adjacent fences with Visual Exterior. The minimum distance with the nearest distance cannot be less than 80 meters. Within two (2) kilometres of road following the urban boundary and indigenous territories, a fence may be placed every 200 metres, after this mileage a fence may be placed every 250 metres;

b) Distance of the track: Visual External Advertising in rural areas must be at a minimum distance of fifteen linear meters (15 mts/L) from the edge of the road. The location of Visual Outer Advertising in urban areas will be regulated by Municipal Councils;

(c) Dimensions: Visual exterior advertising may be placed on terraces, covers and cylinder heads constructed, provided that their size does not exceed the lateral sides of the buildings.

The dimension of Visual External Advertising in unconstructed lots, may not exceed forty-eight square meters (48 mts2).

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ARTICLE 5o. ADVERTISING CONDITIONS THAT USE PUBLIC SERVICES. Visual Foreign Advertising that uses public services must comply with the requirements laid down for its installation, use and payment.

In no case, Visual Foreign Advertising can hinder the installation, maintenance and operation of the public services.

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ARTICLE 6o. PROXIMITY NOTICE. Except in places that prohibit literals (a) and (b) from article 3, may be placed External Visual Advertising in rural areas to warn about the proximity of a place or establishment.

Such advertising can only be placed on the right side of the road, according to the traffic traffic direction in two (2) different places within the kilometer before the establishment. The warnings must be of a maximum size of four square metres (4 mts2) and shall not be located at a distance of less than 15 metres (15 mts/1), counted from the edge of the road nearest to the warning.

No indication of the proximity of places or establishments may be placed in the vicinity of the visibility of road and nomenclature signalling and information.

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ARTICLE 7o. MAINTENANCE. Any Visual Outer Advertising shall be provided with adequate maintenance, in such a way that it does not present conditions of dirt, insecurity or deterioration. The mayors shall carry out periodic reviews so that any publicity that is placed in the territory of their jurisdiction of strict compliance with this obligation.

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ARTICLE 8o. DURATION.

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ARTICLE 9o. CONTENT. The Visual Foreign Advertising may not contain messages that constitute acts of unfair competition or that violate the laws of morality, good customs or lead to confusion with road and information signage.

In Visual Foreign advertising, words, images or symbols that are against it because of respect for the figures or symbols enshrined in national history may not be used. It is also prohibited to attack the religious, cultural or affective beliefs or principles of the communities that defend human rights and the dignity of the peoples.

All advertising must contain the name and phone of the owner of Visual Foreign Advertising.

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ARTICLE 10. FREEDOM OF EXERCISE AND THE PRINCIPLE OF LEGALITY.

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ARTICLE 11. REGISTER. At the latest within three (3) business days following the placement of the Visual Foreign Advertising, such placement must be registered with the mayor of the municipality, district or indigenous territory concerned or before the authority in which is delegated such a function.

The municipal, district and indigenous territories authorities will open a register for the placement of Visual Foreign Advertising, which will be published.

For the purposes of registration, the owner of the Visual Foreign Advertising or its legal representative must provide in writing and keep its data updated in the register the following information:

1. Name of the Advertising, along with its address, identity card, Nit, and other data necessary for its location.

2. Name of the owner of the building where the advertising is located, along with its address, identity card, Nit, telephone and other data for its location.

3. Illustration or photographs of the Visual Foreign Advertising and transcription of the texts that appear in it. The owner of the Visual External Advertising must also record the modifications that are subsequently introduced.

It will be assumed that the Visual Exterior Advertising was placed in its registration location, in the order in which it appears registered.

Persons who place advertising other than that provided for in this Law and who do not register it in the terms of this Article, shall incur the fines that the municipal, district and municipal authorities have for the effect of indigenous territories, in development as provided for in article 13 of this Law.

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ARTICLE 12. REMOVAL OR MODIFICATION OF VISUAL EXTERIOR ADVERTISING. 242 of Act 1801 of 2016. Governs as of January 29, 2017 >

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ARTICLE 13. SANTIONS. 242 of Act 1801 of 2016. Governs as of January 29, 2017 >

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ARTICLE 14. Taxes. Authorize the Municipal, District and Indian territorial entities to be created, so that from the calendar year following the entry into force of this Law, the tax authorized by the Laws 97 of 1913 and 84 of 1915, which refer to Law 14 of 1983, Decree-Law 1333 of 1986 and Law 75 of 1986 of luck that also covers the placement of all Visual Foreign Advertising, defined in accordance with this Law. In no case, the total amount of taxes that will cause each fence will be able to exceed the amount equivalent to five (5) monthly minimum wages per year.

The municipal authorities will take the necessary steps to ensure that the officials responsible for collecting and collecting the tax are given the names and number of the Nit of the persons appearing in the register of Visual Exterior. treats article 12 of this Law.

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ARTICLE 15. Any fence installed in the national territory whose advertising by law requires a specific message concerning health, environment, culture and civic, may not exceed 10% of the total area of the fence.

The Visual Foreign Advertising of the present Law are those that have a dimension equal to or greater than 8 square meters.

They will not be obliged to the provisions of this article the fences of property of: La Nación, the Departments, the Capital District, the Municipalities, official agencies, except the industrial and commercial enterprises of the State and the economy mixed, of all order, the entities of beneficence or of relief and the Visual Foreign Advertising of parties, political movements and candidates, during the electoral campaigns.

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ARTICLE 16. TRANSITIONAL ARRANGEMENTS. The Visual Foreign Advertising whose placement-would have been authorized before the entry into force of this Law, may continue to be placed during the period granted by the respective license or permit and under the conditions authorized by these. If this period is expired or within six months, counted from the time of the present law, in the event that no time limit has been given to the license or permit, it must comply with the provisions mentioned here.

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ARTICLE 17. VALIDITY. This Law enters into force from the date of its promulgation and repeals the provisions that are contrary to it.

The National Government must publish in full the laws modified or partially reformed by this Law, incorporating the amendments that have been the subject of them.

The President of the honorable Senate of the Republic,

JORGE RAMON ELIAS NADER.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

JOSE JATTIN SAFAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.

Publish and comply.

Dada en Santafe de Bogota, D.C., 23 June 1994.

CESAR GAVIRIA TRUJILLO.

The Minister of Economic Development,

MAURICIO CÁRDENAS SANTAMARIA.

The Minister of Transport,

JORGE BENDECK OLIVELLA.

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