New Jersey-2012-S793-Introduced

An Act prohibiting the display of signs in certain public places and supplementing chapter 5 of Title 27 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. For the purposes of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), "public property" means any land adjacent to a highway or road owned or maintained by any State or local government department, agency, board, bureau, commission, authority, 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 e. of this section, shall, when any sign has been posted on its property in violation of subsection a. of this section, notify the organization, group or individual that installed the sign, that the sign has been posted in violation of this act. The notice shall order the 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 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. Nothing in this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall preclude a municipal, county, or State government entity from removing any sign in the interest of public safety, when the sign creates a maintenance hazard or is in violation of the "Roadside Sign Control and Outdoor Advertising Act," P.L.1991, c.413 (C.27:5-5 et seq.). If a government entity removes a sign pursuant to this subsection, it may elect not to issue notices as required pursuant to subsection b. of this section.

e. 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.

STATEMENT

This bill prohibits the posting or display of any advertisement, sign or printed inducement on public property owned or maintained by a municipality, county, or State department or agency. Under the bill, any organization, group or individual who posts any advertisement, sign or printed inducement on public property in violation of the provisions of the bill will be fined $25 for each illegal posting, and an additional $25 per sign for each day the sign remains posted on public property. The bill defines "public property" as any land adjacent to a highway or road owned or maintained by any State or local government entity.

The bill directs each municipality and county governing body to designate, by ordinance or resolution, the entity or entities responsible for monitoring and enforcing compliance with the bill with respect to public property owned or maintained by a local government entity. While the bill requires the public entity to notify the organization, group or individual that installed the sign that it violates the law and must be removed immediately, it allows removal without that notice when the sign creates a maintenance hazard or is in violation of the Roadside Sign Control and Outdoor Advertising Act. The bill also directs each State department or agency to develop rules and regulations for the enforcement of its provisions. The collection of fines for violations of the bill would be subject to the provisions of the Penalty Enforcement Law of 1999, and the proceeds would be used for general municipal, county, and State purposes, as the case may be.