Editor's Note: This text was originally adopted by
Ord. 6 S+FH, 11-17-1986 as Chapter 21A and as amended by Ord. 6 S+FH,
6-7-1989 and Ord. 6 S+FF, 9-20-1989, Ord. 6 S+FA, 8-3-1994 repealed
Chapter 21A and established new regulations.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-1; Ord. 6PSF-F, 6-15-2016]
As used in this chapter:
Shall mean any person seeking any public office by election
from voters in the City of Newark.
Shall mean the City of Newark, a Municipal Corporation in
the State of New Jersey.
Shall mean the Director of Engineering.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any sign urging the election or defeat of any
candidate seeking any political office, or urging the passage or defeat
of any ballot measure, but does not mean or include any billboard
owned or maintained by a commercial firm or advertising company.
Shall mean any sign which attempts to promote, popularize
and/or sell any product, social event or activity such as concerts,
sporting events or discotheques in order to generate income.
Shall mean all publicly owned property including but not
limited to public buildings and parks.
Shall mean and include any bill, poster, placard, handbill,
flyer, painting, sign or other similar object in any form whatsoever
which contains printed or written matter in words, symbols, or pictures,
or in any combination thereof.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-2]
It shall be unlawful for any person to post a political campaign
and/or promotional sign on any street, sidewalk or curb, and no political
campaign and/or promotional sign shall be affixed to any tree, shrub,
utility pole, light pole, telephone pole, traffic control device,
mail box, fire hydrant or other structure lying in or over a public
easement.
[Ord. No. 6 S+FA, 8-3-1994 § 22:21A-3]
It shall be unlawful for any person to post a political campaign
and/or promotional sign on or over any public property in the City.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-4]
It shall be unlawful for any person to post a political campaign
and/or promotional sign on private property except in compliance with
the following provisions:
a.
Any person seeking to post any political campaign and/or promotional
sign shall obtain the written consent of the owner or tenant of the
property.
b.
No campaign and/or promotional signs shall be affixed to any tree,
telephone pole, and/or utility pole.
c.
Political campaign and/or promotional signs shall only be posted
or displayed on the lawn or window of the property.
d.
All political campaign and/or promotional signs shall be set back
at least three feet from all street lines. The dimensions of any such
sign shall not exceed four square feet.
e.
Not more than three tenths of the square footage of any window or
window display area shall be covered by political campaign and/or
promotional signs.
f.
The date on which a political campaign and/or promotional sign is
initially posted or displayed shall appear on its face.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-5]
All political campaign and/or promotional signs shall clearly
identify the person responsible for posting same. Persons utilizing
volunteers to post or remove the political campaign and/or promotional
signs will be held responsible for the actions or omissions of the
volunteers.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-6; Ord. 6PSF-F, 6-15-2016]
Any person on behalf of whom political campaign and/or promotional
signs are posted shall certify to the Director of the Department of
Engineering that such signs shall be maintained in accordance with
the provisions of this chapter and that such signs shall be removed
within the time described in this chapter for the removal of such
signs or within 24 hours upon written notice that such sign or signs
have been posted in violation of this chapter. Any person benefiting
from any political campaign signs and/or promotional signs shall file
a certification with the Director of the Department of Engineering
in the City of Newark indicating his/her home address, telephone and
place of business. The City Clerk shall give a copy of the certification
application form and this ordinance to every person required to file
for same.
It shall be unlawful for any person to post a political campaign
and/or promotional sign more than 60 days prior to the happening of
the event or activity for which the sign is posted, and it shall be
unlawful to fail to remove a promotional sign within 10 days after
such event or activity for which the sign was posted.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-7; Ord. 6 S+FB, 1-17-1996; Ord. 6PSF-F, 6-15-2016]
Any person who intends to allow posting or affixing of promotional
signs to property or on behalf of whom such signs are posted shall
deposit with the Director of the Department of Engineering $1,000
for discotheque, sporting events and concerts; $500 for product productions;
and $250 for garage sales or other promotions which will be used to
defray the cost of the removal of promotional signs left affixed to
property in violation of this chapter. The sum will be refunded if
the promotional signs have been removed in conformity with the provisions
of this chapter.
Candidates seeking political office shall be exempt from depositing
with the Director of the Department of Engineering the sum of $1,000
to defray the cost of the removal of political campaign signs.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-8; Ord. 6PSF-F, 6-15-2016]
The failure of any person after being notified personally or
by way of regular or certified mail within 24 hours to:
[Ord. 6 S+FA, 8-3-1994 § 22:21A-9]
Political campaign and/or promotional signs in violation of
this chapter are hereby declared to be public nuisances and may be
abated as such by the City. The collecting of the security deposit
shall not preclude a complaint for violating this chapter.
[Ord. 6 S+FA, 8-3-1994 § 22:21A-10; Ord. 6 S+FE, 11-20-1995 § 22:21A-10; Ord. 6 S+FL, 1-3-1996]
Any person found to be in violation of the provisions of this
chapter or who has failed to comply with any of its requirements shall,
upon conviction, be fined in the amount of $100 or in an amount not
to exceed $1,000 or may be imprisoned for a term not to exceed 90
days or may be ordered to participate in a program of community service
not to exceed 90 days or all of the above.
Each day that Court finds that the chapter has been violated
after the defendant has received a notice of the violation shall constitute
a separate violation of this chapter for which a separate penalty
shall be imposed.
