Bill Text: NJ S1416 | 2010-2011 | Regular Session | Amended

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Bill Title: Prohibits display of signs on any public property or highway.*

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-15 - Reported from Senate Committee with Amendments, 2nd Reading [S1416 Detail]

Download: New_Jersey-2010-S1416-Amended.html

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[First Reprint]

SENATE, No. 1416

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 11, 2010

 

 

Sponsored by:

Senator  LORETTA WEINBERG

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Prohibits display of signs on any public property or highway.

 

CURRENT VERSION OF TEXT

     As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on December 15, 2011, with amendments.

  

An Act concerning the display of ¹[political campaign]¹ signs in certain ¹public¹ places and supplementing chapter ¹[34] 5¹ of Title ¹[19] 27¹ of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any law, rule or regulation to the contrary, a person shall not install, post, or in any manner display on public property owned or maintained by a municipal, county, or State government entity any advertisement, sign or printed inducement ¹[that urges the public to vote in favor or against a candidate for nomination or election to public office, features the name of a candidate seeking nomination or election to a public office, or calls on the public to vote in favor or against a State, county, municipal or school district public question in an election]¹ .  For the purposes of this act, P.L.    , c.   (C.      ) (pending before the Legislature as this bill), public property means any land ¹[,] adjacent to a¹ highway ¹[, building, object, or any other property] or road¹ owned or maintained by any State or local government department, agency, board, bureau, commission, authority, ¹[board of education, institution of higher education,]¹ or any other State or local government entity.

     b.    The public entity responsible for enforcing the provisions of this act, P.L.    , c.   (C.     ) (pending before the Legislature as this bill), pursuant to subsections c. and d. of this section, shall, when any sign has been posted on its property in violation of subsection a. of this section, notify the ¹[candidate whose name appears on the sign, or the]¹ organization, group or individual that installed the sign, that the sign has been posted in violation of this act.  The notice shall order the ¹[candidate,]¹ organization, group or individual to remove the sign from public property immediately, and shall indicate the penalty incurred for posting the sign and the subsequent penalties that shall accrue for failure to remove the sign upon receipt of the notice, as herein provided.  Any ¹[candidate who, or]¹ organization, group or individual that posts a sign in violation of this act shall be liable for a penalty of $25 per sign, and for an additional penalty of $25 per sign for each day the sign remains posted on public property in violation of this act.  Any penalty imposed under this section may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.

     c.     Each county and municipal governing body shall designate, by ordinance or resolution, the entity or entities in the county or municipality, as the case may be, that shall be responsible for identifying violations of subsection a. of this section, and for notifying violators and enforcing the penalties imposed pursuant to subsection b. of this section, with respect to the posting of signs on public property owned or maintained by the respective municipality or county.  The proceeds of fines collected by the municipality or county due to violations of this act shall be deposited in the general fund of the respective municipality or county for general municipal or county purposes.  

     d.    Each State department or agency shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), develop rules and regulations for the enforcement of the provisions of this act with respect to property under the jurisdiction of the respective department or agency.  The proceeds of fines collected by the State department or agency due to violations of this act shall be transmitted to the State Treasurer for deposit into the General Fund of the State.

 

     2.    This act shall take effect immediately.