[HISTORY: Adopted by the Board of Selectmen of the Town of Orange 5-18-1998. Amendments noted where applicable.]
No person may place any sign, poster, placard, device, graphic display, or any other form of advertising that advertises cigarettes, tobacco, or smokeless tobacco in publicly visible locations.
"Publicly visible location" means any:
"Publicly visible location" does not mean or include any location intended to be visible only by those inside a premises, a private residence or a multiple dwelling unit.
This section does not apply to:
The placement of signs, including advertisements, inside business premises that sell cigarettes, tobacco or smokeless tobacco where such signs are not visible from a public or private street.
The placement of signs, including advertisements, on commercial vehicles used for transporting cigarettes, tobacco, or smokeless tobacco.
Any sign that contains the name or slogan of the business premises referred to in Subsection B(1) that has been placed for the purpose of identifying such premises, provided it is not a cigarette, tobacco or smokeless tobacco product "brand name."
Any signs not located within 1,000 feet of any zone permitting residences under Chapter 383, Zoning, determined to be areas where children are not usually present (identify specific locations by zoning code -- this is necessary for ordinance to be constitutional -- if you can justify the fact that children are likely to be everywhere then you can have an overall ban-see pgs. 13 and 14 of Model Ordinance).
No person shall dispense or cause to be dispensed cigarettes, tobacco or smokeless tobacco products from vending machines at any location within the Town of Orange.
This section shall not be construed to permit any display that is otherwise restricted or prohibited by law.
This chapter shall not be construed to prohibit the display of public service messages designed to communicate the hazards of cigarettes, tobacco products or smokeless tobacco or to encourage minors to refrain from consuming or purchasing tobacco products. However, this section shall not be construed to permit such a message when it is made in conjunction with the positive display of a recognized image, artwork, photograph, logo or graphic used for marketing or promotion of cigarettes, tobacco products or smokeless tobacco.
No persons shall place any tobacco advertising display within the areas affected by the provisions of this chapter without first having secured a written permit from the Sign Administrator. The Board of Selectmen designates the Zoning Enforcement Officer of the Town of Orange as its Sign Administrator.
Every person desiring a permit to place any advertising display shall file an application with the Board of Selectmen of the Town of Orange.
The application shall be filed on a form to be furnished by the Sign Administrator or by his agent. It shall set forth the name and address of the applicant and shall contain a general description of the property upon which it is proposed to place the advertising display for which a permit is sought and a diagram indicating the location of the proposed advertising display on the property, in such a manner that the property and the location of the proposed advertising display may be readily ascertained and identified.
The applicant for any permit shall offer evidence that the owner or other person in control or possession of the property upon which the location is situated has consented to the placing of the advertising display.
An application for a permit to place a display shall contain a description of the display, including its material, size and subject and the proposed manner of placing it.
If the applicant for a permit is engaged in the outdoor advertising business, the application shall contain the number of the state license.
If the application is in full compliance with the state and local laws, the Sign Administrator or his authorized agent shall, within 10 days after compliance and upon payment by the applicant of a $500 fee, issue a permit to place the advertising display for the remainder of the calendar year in which the permit is issued.
Permits shall be renewed on the first day of January of each year upon the application and the payment of fees as provided in this chapter and shall expire on the 31st day of December of that year.
Each permit provided in this section shall carry an identification number and shall entitle the holder to place the advertising display described in the application.
Identification number plates shall be furnished by the Sign Administrator; each shall bear the identification number of the advertising display to which it is assigned.
No person shall place any advertising display unless there is securely fastened upon the front thereof an identification number plate of the character specified in Subsection J. The placing of any advertising display without having affixed thereto a valid identification number plate is prima facie evidence that the advertising display has been placed and is being maintained in violation of the provisions of this chapter and shall be deemed a public nuisance subject to abatement in accordance with applicable law.
The Board of Selectmen shall appoint a Sign Administrator who is directed to administer and enforce the terms and conditions of this chapter and all other provisions of laws relating to signs. The Sign Administrator is empowered to delegate the duties and powers granted by this section to other persons under his/her direct supervision. The Sign Administrator and such other person(s) shall constitute the Sign Administration Section of the Board of Selectmen. Until changed by vote of the Board of Selectmen, the Zoning Enforcement Officer shall serve as the Sign Administrator.
The duties of the Sign Administrator shall include not only the issuance of permits as required by this chapter, but also the responsibility of ensuring that all signs comply with this chapter and any other applicable law and that all signs for which a permit is required do, in fact, have a permit. The Sign Administrator shall make such inspections as may be necessary and initiate appropriate action to bring about compliance with this chapter and other applicable law if such inspection discloses any instance of noncompliance. The Sign Administrator shall investigate thoroughly any complaints of alleged violations of this chapter.
Any person or business entity who violates any provision of this chapter shall be guilty of an infraction and, upon conviction in any court of competent jurisdiction, shall be subject to administrative assessment of civil penalties.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
Each day of violation is a separate infraction.
Penalties for violations shall be $100 for each offense, with an additional $100 per day for each day that the violation continues.
In addition to the other remedies provided in this section, any violation of this chapter may be enforced by a civil action brought by the Board of Selectmen. In such action, the Board of Selectmen may seek, and the Court shall grant, as appropriate, any or all of the following remedies:
A temporary and/or permanent injunction;
Assessment of the violator for costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, including but not limited to reasonable costs of preparing the bringing of legal action under this subsection, and attorney compensation;
Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;
A finding, after two or more violations of this chapter involving the same outdoor sign, that the outdoor sign constitutes a public nuisance.
The effective date of this chapter shall be on the date of its enactment provided the provisions of this chapter shall not, except with respect to renewals of any contract occurring after the effective date, be interpreted or applied in a manner which will impair or affect any right or obligations under any contract in existence as of the effective date of this chapter.