Township of Toms River, NJ Chapter 160 Advertising

[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 9-27-2016 by Ord. No. 4517-16. Amendments noted where applicable.]

GENERAL REFERENCES

Public contracts — See Ch. 84.

§ 160-1 Purpose; scope.

The purpose of these provisions is to establish the criteria, define the permissible locations, and identify the acceptable sponsors for advertisements on Township property and in Township facilities as a revenue-generating measure.

§ 160-2 General prohibition; exception.

Advertisements on Township property and in Township facilities are prohibited except as provided hereunder.

§ 160-3 Permitted locations.

A. Advertisements are permitted at the following locations/facilities:

(1) Winding River Skating Rink.

(2) Bea Lea Golf Course.

(3) Veterans' Softball Complex.

(4) Ortley Beach Boardwalk.

(5) Township Swimming Pool.

(6) Parks, playgrounds, and athletic fields.

(7) Trash and recycling trucks operated by the Department of Public Works.

B. Advertisements may be displayed only in areas within locations approved pursuant to the preceding subsection as determined by the respective department heads and approved by the Business Administrator or his designee.

§ 160-4 Rules and regulations.

All advertisements accepted or approved pursuant to this chapter must satisfy the following criteria:

A. No advertisement may promote or reference any product prohibited for use or sale by or to minors.

B. No advertisement may promote activities or conduct that is violent, criminal, or otherwise illegal.

C. No advertisement may express or depict language, gestures, conduct, or graphical representations that are obscene, pornographic, vulgar, profane, or scatological.

D. No advertisement may express or advocate a message that is clearly defamatory, slanderous, or likely to scorn or ridicule certain individuals or groups.

E. No advertisement may promote or reference the sale or use of guns or other weapons.

F. No advertisement may advocate political parties or the election or reelection of any candidates for public office.

G. No advertisement may express or advocate an opinion, position, or viewpoint on matters of public debate on political, economic, social, or religious issues.

H. No advertisement may solicit funds.

I. No advertisement may engage in religious proselytizing; however, advertisements promoting the secular educational, humanitarian, charitable, and social welfare activities and programs of churches and other religiously affiliated institutions are permitted.

J. No advertisement may interfere with or detract from the general public's enjoyment of, or the activities taking place in, the permitted location.

K. No advertisement may compromise the health, safety, and welfare of the public.

L. No advertisement may jeopardize the security, safety, comfort, or convenience of operations.

M. No advertisement may express message that is demeaning, disparaging, or threatening.

N. No advertisement may express or depict a message, slogan, or graphical representation that is trademarked, copyrighted, or constitutes other protected intellectual property unless authorized by the legal owner thereof.

[Amended 11-28-2017 by Ord. No. 4560-17]

O. The size, content, and format of all advertisements must conform with all applicable federal, state, and local laws and regulations.

P. All permitted advertisements must prominently display the following, or substantially equivalent, disclaimer: "This facility is equipped and maintained with the financial support of this advertiser."

[Added 11-28-2017 by Ord. No. 4560-17]

Q. Advertisements may display the identity, logo, slogan, and contact information of the advertiser, but may not extend, propose, or propound any sales transaction, special offer or deal, financial incentive, discount, or other invitation or inducement to purchase a product or service.

[Added 11-28-2017 by Ord. No. 4560-17]

§ 160-5 Preapproval; removal.

[Amended 11-28-2017 by Ord. No. 4560-17]

A. The size, content, and format of the advertisement must be preapproved by the Business Administrator or his/her designee.

B. The Township reserves the sole and exclusive right to remove any advertisement without refund. The Business Administrator is authorized to so direct the removal of any advertisement.

§ 160-6 Public bidding.

Pursuant to N.J.A.C. 5:34-9.4(b)(3), all spaces offered for advertising must be publicly bid as a concession in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 to 40A:11-51, and associated regulations.

§ 160-7 Revenues.

[Amended 11-28-2017 by Ord. No. 4560-17]

All revenues generated from advertising permitted under this chapter shall be deposited in a fund dedicated for use solely by the department in charge of the facility where advertising has been authorized; except that any revenue derived from a facility established and operating as a public utility shall be deposited in a fund for use solely by that facility.