43 N.Y.2d 483 (1977)
A municipality may, through a zoning ordinance, prohibit all non-accessory billboards throughout the town based solely on aesthetic considerations, provided that a reasonable amortization period is allowed for the removal of non-conforming signs.
Summary
Suffolk Outdoor Advertising Co. challenged a Town of Southampton ordinance banning all off-premises billboards. The New York Court of Appeals held the ordinance constitutional. The court reasoned that regulating aesthetics is a valid exercise of police power and that the ordinance was reasonably related to this objective. While acknowledging First Amendment protection for commercial speech, the court found the ordinance regulated the place and manner, not the content, of that speech. The court remanded the case to determine if the amortization period for removing existing billboards was reasonable as applied to the plaintiffs, but stressed the plaintiffs needed to exhaust administrative remedies before claiming the amortization period was unreasonable.
Facts
On May 2, 1972, the Town of Southampton enacted Building Zone Ordinance No. 26, which prohibited the erection of all nonaccessory billboards in all districts. The ordinance required the removal of all nonconforming billboards by June 1, 1975. Billboard owners could apply for an extension of the amortization period. Plaintiffs, who owned nonconforming billboards, sued, arguing the ordinance was unconstitutional and not related to public safety and welfare.
Procedural History
The plaintiffs, billboard owners, sought a declaratory judgment in the trial court that the Southampton ordinance was unconstitutional. The trial court’s decision is not specified in the Court of Appeals opinion. The Appellate Division’s order was appealed to the New York Court of Appeals.
Issue(s)
1. Whether a local zoning ordinance prohibiting all non-accessory billboards throughout the town constitutes an unconstitutional exercise of the police power.
2. Whether the ordinance violates the First Amendment right to free speech.
3. Whether the amortization period provided by the ordinance is reasonable as applied to existing billboard owners.
Holding
1. No, because regulating aesthetics is a valid basis for the exercise of the police power, and the Southampton ordinance prohibiting non-accessory billboards is substantially related to improving the town’s aesthetics.
2. No, because the ordinance regulates the time, place, and manner of commercial speech, not the content, and aesthetic regulation is a significant governmental interest.
3. Remanded for further determination, but premature until the plaintiffs have exhausted administrative remedies seeking an extension of the amortization period; the ordinance is valid on its face.
Court’s Reasoning
The court found that regulating outdoor advertising is within the police power, citing precedent including People v Goodman and New York State Thruway Auth. v Ashley Motor Ct. While earlier cases questioned aesthetic regulation, the court stated that it’s now clear that regulating outdoor advertising for aesthetic purposes alone is a valid exercise of the police power, citing Matter of Cromwell v Ferrier. The court applied a reasonableness test, stating that once a regulation has a valid basis, it need only be reasonably related to the objective. In analyzing the reasonableness of the Southampton ordinance, the court noted similarities to Cromwell v Ferrier, where a similar ordinance was upheld. The court stated, “Advertising signs and billboards, if misplaced, often are egregious examples of ugliness, distraction, and deterioration.” The court found the Southampton ordinance was reasonably related to improving community aesthetics and not oppressive because on-premises billboards were still permitted. Regarding the amortization period, the court noted that billboard owners should have an opportunity to recoup their investment but not necessarily recoup it entirely. The court stated that the plaintiffs should be entitled to show that the three-year amortization period provided in the ordinance is unreasonable as applied. However, because the Southampton ordinance allows for extensions of the amortization period, the court determined that the plaintiffs were required to seek an administrative remedy before bringing an action in court. The court distinguished this case from Modjeska Sign Studios v Berle, noting that the statute in Modjeska did not provide an opportunity to obtain an extension of the amortization period. Finally, the court rejected the plaintiffs’ claim that the Federal Highway Beautification Act of 1965 and section 88 of the Highway Law preclude the removal of nonconforming billboards without compensation.