Questão jurídica principal
Whether the 62.5 cm maximum height for the gas station blind band was lawful under the cantonal advertising ordinance.
Decisão extraída
Yes. The department could lawfully limit blind bands at gas station roofs to 62.5 cm as a permissible application of the ban on disfiguring the landscape, local, or street scene.
Fundamentação extraída
The court held that advertising near public roads is primarily governed by federal road traffic law, but cantons may regulate it additionally for landscape and townscape protection. Under § 7 of the cantonal ordinance, the authority may use its discretion to set quantitative limits in order to prevent cumulative visual intrusion and to ensure equal treatment among applicants.