Places and supports of publicity

Policing powers of the mayor

Publicity can, when it is not regulated, cause important disorders. She can attack the esthetics of the cities and generate risks as regards circulation by disturbing the motorists. To try to cure it, the legislator defined through the law 37 1350 of December 29th, 1979 relating to publicity, with the signs and pre-signs, certain places and supports where publicity is prohibited (see below). He belongs to you to intervene through your policing powers resulting from article 2317 2 of the general Code of the autonomous regions.

> 1. Places or supports of prohibition of publicity

General prohibition whatever the localization
(in or except agglomeration) (Article 4 ).
on the buildings classified among the historic buildings or registered with the additional inventory list
on the natural monuments and in the classified sites
in the national parks and nature reserves
on the shafts
on the buildings forwarding an esthetic character, historical or picturesque, on decision of the mayor or, failing this, the prefect, after opinion or request of the municipal council and opinion of the departmental Commission of the sites.
no derogation is possible

Prohibition except agglomeration (Article 6 ).
len outside of spaces on which are grouped brought closer built buildings and of which the input and the exit are announced by panels placed for this purpose along the routes which cross them or which border them.
except in the areas of authorized publicity
(in the vicinity immediate of commercial and industrial establishments, artisanal centers or in groupings of dwellings).

Prohibition in agglomeration (Article 7 ).
in the protection zones delimited around the classified sites or the classified historic buildings
in the backed up sectors
in the regional natural parks
except in the areas of restricted publicity

in the sites registered with the inventory list and the protection zones delimited around these sites with less than eters and in the field of vision of the buildings classified among the historic buildings, registered with the additional inventory list or protected by municipal or prefectoral decision
in the protection zones of the architectural and urban heritage except in
areas of restricted publicity
areas of enlarged publicity
sectors forwarded to the general scheme

> 2. Your policing powers as regards publicity

When publicity is authorized, it can take seat on various supports opposite which you can intervene by regulating some the installation or the use.

Your policing powers with respect to the supports
of publicity fixed
Regulation relating to publicity, signs
and
>Constitute a publicity the support which has the aim of receiving any inscription, forms or image intended to inform the public or to draw its attention.
Constitute a sign any inscription, forms or image affixed on a building and relative to an activity which is exerted there.
Constitute a any inscription, forms or image indicating the proximity of a building where is exerted a given activity.
These various supports are fixed with very precise rules that it belongs to you to make adhere to: conditions of implantations, materials used, etc

Regulation relating to urban furniture being able to accommodate publicity
>The whole of urban furniture cannot be used as support with publicity. Only five types of urban furniture can be used incidentally as supports with publicity: shelter intended for the public, kiosk with regular commercial practice, column notice board, engine pylon notice board and urban furniture intended for nonadvertizing information in general or local matter or for artistic works. Thus, all other furniture (dustbins, test rigs, terminals or barriers, fountain, toilets public, etc) cannot support publicity, even on a purely additional basis. It belongs to you to make adhere to these provisions.

Your policing powers with respect to the supports
of publicity air
You can, when the convenience and the security of circulation on the public highways require it, prohibit publicity by channel of luminous projection on the clouds starting from the ground.
(See EC, December 15th, 1961, , ).
Your policing powers with respect to the supports
of publicity mobiles (Decree 84 784 of September 6th, 1982).
You cannot forward to an authorization the advertizing traffic in the streets.
(See EC, April 2nd, 1954, , ).
On the other hand, these vehicles must adhere to the sectors where publicity is prohibited. They cannot, in addition, station or remain in places where their publicities would be visible of a channel open to public circulation. The conductors of these vehicles must, when they stop, park their vehicle in a court or a garage where they will not be visible.
(See MT Montpellier, April 3rd, 1989, limited liability company C Prefect of Herault, 67 13973 Lastly, these vehicles must circulate “normally”, i.e. neither at fallback speed, nor in convoy.

You can grant, within the framework of your policing powers, of the derogations from prohibitions to circulate, station or remain enacted by the decree of September 6th, 1982 with regard to the primarily advertizing vehicles.

Your policing powers with respect to the distribution
advertizing documents
You can, when the circumstances require it, prohibit propaganda brochure distributions or of printed in certain places and at certain hours. However, your possible measurement of prohibition cannot have of general interest and absolute. You cannot prohibit any propaganda brochure distribution of some nature which they are in a wide perimeter and for one long period.
(See MT Marseilles, January 7th, 1997, Prefect of Vaucluse C Commune of Orange).
example: You can prohibit the distribution of advertizing documents forwarding a licentious or pornographic character if their dissemination is likely, because of local specific circumstances, to cause disorders with the law and order.
(See EC, October 9th, 1996, Commune of C Society Ile-de-France, 159174

> 3. Sanctions in the event of violation of the rules relating to publicity

Any violation of the rules relating to publicity must be the official report purpose which will be able to lead to marked administrative and penal sanctions.

Essential establishment of an official report
noting the violation
Under the terms of article 36 of the law of December 29th, 1979, many people can establish such an official report among which appear:
- territorial officials entitled to note the infringements with the code of town planning, municipal police officers;
(See MT Marseilles, March 31st, 1992, has like Display C Commune
of Briançon, 91 4235 ,
- rural policemen;
(See MT Marseilles, December 18th, 1984, public limit company Display of , 84 2354 E).
- yourself, in your capacity as judiciary police officer.
This official report of infringement must be addressed to the prefect, to the public prosecutor and to yourself.

The fact that the official report of infringement is not transmitted to all the authorities is without consequence. Indeed, the independence of the administrative procedures and penal makes that, even in the absence of transmission with the Public prosecutor, you can take a closure of injunction. Contrary, the Public prosecutor can engage of the criminal prosecutions whereas you did not receive the official report.

The delivery of administrative sanctions in the event of violation of the rules relating to publicity
In the event of violation of the rules relating to the installation of the operative paragraphs of publicity, it belongs to you, or with the prefect, to take a closure ordering either the suppression, or the setting in conformity of the litigious installations. You can also order the cleaning up of the places. This injunction can be accompanied by an obligation. It can also lead to a procedure of execution of office of work.

Since the law of February 2nd, 1995, the time granted for the setting in conformity is necessarily equal to 15 days. You cannot, under the terms of your policing powers, to provide for a longer time.
Your closure must be the subject of one notification to the person who affixed the litigious installation. If this person is not known, the notification must be addressed to the person for the account of which the installation was carried out.
When the advertizing operative paragraphs are in infringement in articles 4,5 and 23 of the law of December 29th, 1979, you can make carry out immediately office the suppression of publicity after having made a request with the owner of the ground on which is publicity or to have simply informed beforehand it.

The delivery of penal sanctions in the event of violation of the rules relating to publicity
A fine of criminal nature from 50 to 25 024 francs, implemented to each operative paragraph in infringement, doubled in the event of repetition, can in particular be inflicted with that which affixed, makes affix or maintained after injunction an operative paragraph without complying with the rules relating to publicity: violation of absolute prohibition to establish publicity in a place, etc
Police fines of fourth, third and second class can also be marked for less serious infringements: to affix a publicity without to have obtained the authorization provided for in article 23 of the law of December 29th, 1971 3rd class amends), etc

More:
Code general territorial collectivities, Tome 2, Article
Vade mecum of the municipal action, ED. monitor: “Clean capacities of the mayor in his share on behalf of the commune”, pp. 36-42 and “the influence of the communal road public domain”, page 132 132  

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