[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 2-19-1991 by Ord. No. 1-91 (Ch. 58 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CAMPAIGN MATERIAL
Any poster, sign, handbill, circular, banner, card, advertisement, printed sticker, painted words or material having reference to any election or to the adoption or rejection of any public questions at any general, primary or special election.
PERSON
Any individual candidate, corporation, political committee, citizen's committee, partnership, organization, association or any committee or group of persons organized on behalf of or against any candidate or public question to be voted on at any special, primary or general election.
PUBLIC PLACE or PUBLIC FACILITY
Any item used for public purposes, including but not limited to traffic signal poles, traffic signal facilities, utility poles or any other type of pole, trees, United States Mail receptacles, litter receptacles, benches, bus shelters, vacant buildings, fences, public buildings or any object affixed to or placed upon the streets, parking lots or sidewalks, which are affixed or placed thereon for public purposes or for the use of the public.
A. 
No person shall paint or cause to be painted any words or symbols upon any street or sidewalk or upon any public place or public facility.
B. 
No campaign material shall be affixed upon any public place or public facility by means of glue or any other substance or means.
C. 
No campaign material shall be painted or affixed upon any private property or private fence or private tree without the consent of the owner.
All campaign material which has been posted for the purpose of a particular election shall be removed no later than 14 days after that election.
All campaign material shall bear upon the fact thereof a statement of the name, address and telephone number of the person or persons who caused it to be printed, copied or published or shall bear the name, address and telephone number of the person or persons by whom the cost of the printing, copying or publishing has been or is to be defrayed and shall bear the name and address of the person or persons by whom it is printed, copied or published in accordance with N.J.S.A. 19:34-38.1.[1]
[1]
Editor's Note: Repealed by P.L. 1995, c. 391, see now N.J.S.A. 19:44A-22.2 and 19:44A-22.3.
A. 
Persons whose names appear on any campaign material as required by N.J.S.A. 19:34-38.1[1] shall be responsible for the removal of any such campaign material posted within the time required in § 135-3 of this chapter.
[1]
Editor's Note: Repealed by P.L. 1995, c. 391, see now N.J.S.A. 19:44A-22.2 and 19:44A-22.3.
B. 
Any other person who actually places such campaign material in any public place or public facility, even though his name does not appear thereon, shall also be responsible for its immediate removal.
Any person wishing to display campaign material in accordance with this chapter shall be required to file an application 30 days prior to the election date that the materials pertain to with the Borough Clerk's office. The application shall set forth:
A. 
The name and address of the applicant.
B. 
The date of the election referred to by the campaign material.
C. 
A statement of permission from the candidate or committee, duly executed.
Accompanying the application mentioned in § 135-6 of this chapter shall be the payment of a security deposit in the amount of $500 cash. This deposit will be held as security for the faithful performance of the applicant under the conditions of this chapter. This security deposit shall be declared forfeited upon failure to remove the campaign material within 14 days after the election referred to by the material and a complaint filed in the Municipal Court by the Zoning Officer and a judgment of conviction.
A. 
In addition to forfeiture of the deposit as set forth in § 135-7, any person or persons violating any provision and/or section of this chapter shall be liable to a fine not to exceed $500 per day for any campaign material for which said person is responsible, which has not been removed within 14 days pursuant to § 135-3 of this chapter. Each day the person responsible to remove said campaign material shall fail to remove it shall constitute a separate offense and shall be punishable as such.
B. 
Any person found to have posted signs without first filing an application as provided in § 135-6 shall be liable for a fine not to exceed $500 per day for each and every day signs are posted.
C. 
Any person found to have posted signs in any public place or public facility as referred to in § 135-2 shall be liable for a fine not to exceed $500 per day for each and every day signs are posted.