[HISTORY: 1988 Code §§ 165-1 — 165-7 adopted as amended through December 31, 2013. Amendments noted where applicable.]
Signs erected at business establishments in the Township of Wayne shall be maintained by the owner or operator of such establishments and/or the owner of the property so that such signs shall remain in good repair, substantially as when originally erected.
The Construction Official or his/her duly authorized representative is authorized and empowered to notify the owner or operator of a business establishment and/or the property owner when a sign, because of wear and tear over a period of time, lack of maintenance or otherwise, has fallen into such a state of disrepair that it constitutes a safety hazard or an eyesore. Notice shall be made by certified mail and regular mail to said owner, operator and/or property owner at the last known address. Repairs shall be made within 10 days after the date of such notice.
Where a sign is not capable of repair or where it has been detached from its original mounting and abandoned, the Construction Official or his/her duly authorized representative shall notify the owner or operator of the business establishment and/or the property owner and direct the removal of such sign. Notice shall be made by certified mail and regular mail to said owner, operator and/or property owner at the last known address. Said sign shall be removed within 10 days after the date of such notice.
Any person who violates any provision of this article shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15.
As used in this article, the following term shall have the meanings indicated:
BANNER
A banner displayed for the purpose of relaying information publicizing a local community event.
[Ord. No. 53-2014]
[Ord. No. 53-2014]
No banner shall be hung across a public right of way unless in accordance with the following regulations:
A. 
Request to hang a banner shall be made by written request to the Township Clerk's office. Request shall include organization's name, contact information, date of event, and exact wording on banner. The event date and location, and the dates requested for the banner. Before the applicant can proceed with any other requirements herein the Township Clerk must determine the availability of the requested dates. If the requested dates are available the Township Clerk will issue a letter stating such, to be included with your request for approvals as set forth below.
B. 
Banners will be hung in such a manner as not to interfere with or obstruct access or vision along any right-of-way or portion thereof. Banners shall be no less than three feet in width and 20 feet in length nor more than three feet in width and three quarters the length of the roadway.
C. 
Banners shall be constructed of heavy duty material with 3/8" or 1/2" grommets in each corner and must be vented to minimize wind resistance. No metallic material is to be used in either the banner or the support ropes. Each applicant must supply their own 150 ft by 3/8" nylon rope and any other material deemed necessary by the Township to hang said banner.
D. 
Only bona fide nonprofit organizations, including but not limited to the Police Athletic League, Boys and Girls Club, Board of Education and churches/synagogues, shall be permitted to hang banners under this Chapter.
E. 
Prior to Township Council approval and the erection of a banner, the applicant must receive approval to hang said banner by the Board of Chosen Freeholders of the County of Passaic, if applicable. In addition to the foregoing approval, the applicant must obtain the approvals from all applicable utility companies.
F. 
No sponsors or commercial advertising is permitted. However, the Township may sponsor events as it deems appropriate.
G. 
The Township Council will give final approval for banners only to qualifying organizations.
H. 
If the Township determines the banner is in such disrepair as not to withstand the weather elements, it may refuse to hang said banner, or remove the banner if already erected, until such time the banner is replaced or repaired.
I. 
Organizations will be allowed to apply for banners twice in a twelve month period, not to be combined or to exceed a 30 day period. Requests will be considered on a first come first serve basis.
J. 
Once all approvals have been received and Council approval granted, the Township will install said banner. The Township is not responsible for delays in installation or removal of banners, including but not limited to inclement weather, equipment failure or other emergency event. Any delays caused by the foregoing will not result in an extension of approved time period.
The applicant shall maintain liability insurance in the amount of $1,000,000 and furnish the Township with a Certificate of Liability Insurance that names the Township of Wayne as an additional insured.
[Ord. No. 53-2014]
The organization shall complete and sign an indemnification and hold harmless agreement as provided by the Township Clerk indemnifying and holding harmless the Township of Wayne, its agents and employees from any damage caused to the banner, or for any damage or injuries caused to property, or persons resulting from the banner.