[Adopted 12-9-2008 by Ord. No. 4168-08[1]]
[1]
Editor's Note: This ordinance repealed former Art. V, Street and Sidewalk Projections, adopted 11-27-1973 by Ord. No. 1378 as Ch. 132, Art. VII, of the 1973 Code.
No person, firm or corporation shall erect or maintain any sign or other stationary object being or projecting in, into or over any public sidewalk, street or highway without having same licensed as hereinafter set forth.
A. 
Each and every sign or other stationary object being or projecting in, into or over any public sidewalk, street or highway at the time this article goes into effect shall be examined by the properly designated official and employee of the Township to ascertain:
(1) 
Whether or not the sign or object is properly and safely constructed, placed and maintained so as not to endanger or inconvenience persons lawfully using or having the right to use the public sidewalk, street or highway.
(2) 
Whether or not the sign or object is noisy or is the source of making noise.
(3) 
Whether or not the sign or object is so constructed or maintained as to interfere with the view of persons lawfully using the sidewalk, street or highway.
(4) 
In cases of electric signs, to ascertain whether or not the wiring and appliances are so constructed and maintained that same do not endanger person or property.
B. 
If such examination establishes the fact that Subsections A(1), (2), (3) and (4) of this section can be truly answered in the negative, the owner or possessor of said sign or stationary object shall promptly make application for the annual license hereinafter provided for the maintenance of said sign or stationary object in, into or over the sidewalk, street or highway.
C. 
If such examination established the fact that any one or more of said Subsections A(1), (2), (3) and (4) can be truly answered in the affirmative, the said sign or stationary object is deemed to be a public nuisance. In such instance, the owner or possessor of the sign or stationary object shall be given written notice by the Township of Toms River to have said sign or stationary object comply with the terms of this article. If said owner or possessor of said sign or stationary object fails or neglects to have the conditions remedied within five days thereafter, the municipality may remove said sign or stationary object from the sidewalk, street or highway.
Any person, firm or corporation desiring to hereafter erect any sign or other stationary object projecting in, into or over any public sidewalk, street or highway must make written application for the same to the Township of Toms River before the sign or stationary object is erected.
All licenses provided for herein shall be annual licenses, and each shall expire on December 31 of the year of issuance, irrespective of the date issued.
The annual license fee for all licenses provided for herein shall be the sum of $1, except licenses for electric signs, for which the annual license fee shall be the sum of $3.
The Township Council shall have the right to hereafter provide by resolution details relative to applications, licenses, engaging necessary employee or employees to inspect the subjects of proposed licenses and enforcement of the provisions hereof.
The Township of Toms River shall and does have and reserve the right to, forthwith and without any notice whatsoever, remove any dangerous or obnoxious sign, stationary object or thing from any public sidewalk, street or highway.
No person, firm or corporation shall erect, construct or maintain any sign or stationary object projecting or being in, into or over any public sidewalk, street or highway if the said sign or stationary object shall do any of the following things:
A. 
Endanger or inconvenience persons lawfully using or having the right to use the public sidewalk, street or highway.
B. 
Make noise or is the source of noise.
C. 
Interfere with, obstruct or imperil the clear view of a public sidewalk, street or highway.
D. 
Endanger the safety of person or property.
The granting of a license hereunder shall not involve any liability on the part of the Township of Toms River in any claim or suit for damages for injury to person or property.
Any person, firm or corporation convicted of a violation of any of the provisions of this article shall be subject to a fine or penalty not exceeding $100 or imprisonment in the common jail of the County of Ocean for a term not exceeding 10 days, or both, at the discretion of the Judge before whom said conviction is had.