[§445‑112.5]  Vehicular advertising prohibited; penalty.  (a)  It is unlawful for any person to operate or park, or cause to be operated or parked, on any street, roadway, or other public place, or on any private property that can be seen from any street, roadway, or other public place, any vehicle or trailer carrying a vehicular advertising device for consideration or any other economic benefit if the vehicle or trailer is used primarily to display a vehicular advertising device.  The phrase "for consideration or any other economic benefit" shall not include any benefit derived by the owner or operator of the vehicle or trailer from the effect of the advertising.

     (b)  Every day of continued violation of this section shall constitute a separate offense.

     (c)  Any person convicted of violating this section shall be fined:

     (1)  Not less than $200 or more than $1,000, for the first offense;

     (2)  Not less than $500 or more than $2,000 for the second offense; and

     (3)  Not less than $1,000 or more than $5,000 for the third and subsequent offense.

     (d)  As used in this section:

     "Trailer" means a vehicle or conveyance with or without motive power designed to be pulled or propelled by a vehicle or other form of power.

     "Vehicular advertising device" means any sign, writing, picture, poster, painting, notice, bill, model, display, symbol, emblem, or similar device, which is so designed that it draws the attention of persons in any public street, roadway, or other public place. [L 2006, c 222, §2]