Bill Text: NJ A431 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits certain alcoholic beverage advertisements within 300 feet of a school, church, or public park.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A431 Detail]
Download: New_Jersey-2012-A431-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Prohibits certain alcoholic beverage advertisements within 300 feet of a school, church, or public park.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning advertisements for alcoholic beverages and amending P.L.1991, c.413.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1991, c.413 (C.27:5-9) is amended to read as follows:
5. Signs permitted by this act shall be by permit from the commissioner pursuant to conditions consistent with the regulations of the commissioner, and the following:
a. A sign may not attempt or appear to attempt to direct the movement of traffic or interfere with, imitate, or resemble any official traffic sign, signal or device, or include or utilize flashing, intermittent or moving lights, or utilize lighting equipment or reflectorized materials which emit or reflect colors, including, but not limited to, red, amber or green, except as may be authorized by the commissioner or by agreement between the commissioner and the Secretary of Transportation of the United States.
b. A sign may not interfere or be likely to interfere with the ability of the operator of a motor vehicle to have a clear and unobstructed view of the highway ahead or of official signs, signals or traffic control devices.
c. Illumination of a sign shall be effectively shielded so as to prevent light from being directed at any portion of the main-traveled way of the highway, or, if not so shielded, be of a sufficiently low intensity or brilliance as not to cause glare or impair the vision of persons operating motor vehicles on that highway, or otherwise impair the operation of a motor vehicle.
d. Signs shall be maintained in a safe condition with due regard for conditions of climate, weather and terrain, and as a condition of continued use or permit renewal, unsafe signs shall be remediated by maintenance or repair.
e. A sign may not be of a type, size, or character so as to endanger or injure public safety, health or welfare, or be injurious to property in the vicinity thereof.
f. A sign may not be painted, drawn, erected or maintained upon trees, rocks, other natural features or public utility poles.
g. Signs for which a permit has been issued shall display in a conspicuous position on the sign or its supporting structure, the name of the person holding the permit.
h. A sign or other object shall not in any way simulate any official, directional, traffic control or warning signs erected or maintained by any governmental agency.
i. A sign advertising any alcoholic beverage as defined in subsection b. of R.S.33:1-1 shall not be located on or within 300 feet of:
(1) school property used for school purposes which is owned by or leased to any elementary or secondary school or school board;
(2) property on which a nonpublic school is situated;
(3) property comprising a public park; or
(4) property on which a church is situated.
(cf: P.L.1991, c.413, s.5)
2. This act shall take effect on the first day of the fourth month after enactment.
STATEMENT
This bill amends the "Roadside Sign Control and Outdoor Advertising Act," P.L.1991, c.413 (C.27:5-5) to prohibit advertisements for alcoholic beverages on billboards and outdoor signs on or within 300 feet of a public school, private school, public park, or church.
Owners of billboards or other fixed signs who violate the provisions of the act are required to change their advertising or remove their signs within 30 days of notice by the Commissioner of Transportation. The commissioner may enter private property after 30 days to remove the sign and may recover the costs of removal or $500, whichever is greater. Additional penalties are $50 to $500 for each offense, with each day of being in violation constituting a separate offense. State and local law enforcement authorities, under the direction of the commissioner, may enforce this law. This bill would subject owners of billboards or other fixed signs advertising alcoholic beverages to these statutory provisions.
The bill defines an "alcoholic beverage" as any fluid or solid capable of being converted into a fluid, suitable for human consumption, and having an alcohol content of more than one-half of one per centum (1/2 of 1%) by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented wine, treated wine, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes or any mixture of the same, and fruit juices.
