[Adopted 12-5-2006 by Ord. No. 2375-06]
As used in this article, the following terms shall have the meanings indicated:
- Any structure or device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction, advertisement, or promotion of the interest of any person, product, place or event.
- TOWNSHIP PROPERTY
- Any and every public street, public building, highway, sidewalk, square, public park or playground or any other public place, including rights-of-way, easements, and everything affixed thereto and thereover (including, but not limited to, fire hydrants and utility poles and wires regardless of ownership) within the Township of Maplewood ("the Township") which is within the jurisdiction and control of the Township.
No person shall post, place or otherwise affix any sign to, on or upon any Township property. No person shall paint, mark or write upon any Township property for the purpose of making an announcement, direction, advertisement, or promotion of the interest of any person, product, place or event.
This article shall not apply to the Township.
This article shall not apply to any sign used to advertise or promote the interest of any public, quasi-public or civic not-for-profit organization, provided a permit is obtained pursuant to this article.
This article is not intended to modify any existing ordinance governing signs and shall not apply to any sign or sign placement specifically permitted pursuant to another ordinance.
No public, quasi-public or civic organization shall place a sign on Township property without first having obtained a permit from the office of the Township Clerk, which permit shall set forth the approved location of such sign and the approved duration of the sign being posted with specific reference to a date or dates.
All permits shall be applied for and obtained from the office of the Township Clerk during normal business hours. Applications for such permits shall be on a fully completed approved form, a copy of which is attached, and be accompanied by a permit fee in the amount established by this article.
Editor's Note: The application form is on file in the Township Clerk's office.
A permit shall be valid for the period of time specified in the permit.
There can be no change in the approved dates and times once a permit has been issued.
The applicant shall execute the application form which requires that the applicant:
Indemnify and hold the Township harmless against all claims arising from or relating to the sign;
Assume responsibility for all damages and loss to Township property which may be caused by the sign; and
Agree that the Township shall have no responsibility for the sign and the applicant waives any claim against the Township for damages to the sign.
No permit shall be issued by the Township Clerk unless applied for at least 30 days prior to the scheduled date of the sign posting; provided, however, that the Township Clerk may waive the thirty-day period if, in his/her judgment, the applicant has obtained all relevant approvals.
No permit shall be issued unless the applicant has provided the Township Clerk with satisfactory proof of insurance coverage for bodily injury and property damage in an amount of not less than $1,000,000 per occurrence, together with a certificate of insurance naming the Township as an additional insured and containing a provision giving the Township 30 days' notice prior to cancellation.
The Township Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after review of the application, that the applicant does not qualify as a public, quasi-public or civic not-for-profit organization.
The Township Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and after review of the application and reports from the Police Department, Fire Department, Building Department, Public Works Department, Health Department, Recreation Department and other Township agencies involved, that the sign or the proposed sign location set forth in the application would violate any law or ordinance, unreasonably interfere with use and enjoyment of neighboring properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise adversely affect the public's health, safety or welfare.
In addition to any other fees or costs mentioned in this article and other Township ordinances, the applicant shall reimburse the Township for any out-of-pocket expenses, including overtime pay, incurred in connection with the sign posting, placement or removal.
Copies of the approved permit shall be sent to the Township Committee, Police Department, Fire Department, Building Department, Public Works Department, Health Department and Recreation Department.
The permittee shall take all steps to minimize interference with the free passage of pedestrians and traffic over Township property and to comply with all lawful directions issued by the Maplewood Police Department and Maplewood Fire Department.
Any party aggrieved by the decision of the Township Clerk in denying or revoking a permit may appeal said decision to the Township Administrator.
Each application for a sign permit shall be accompanied by a nonrefundable fee of $25.
For purposes of this article, there shall be a presumption that:
The real estate agent, broker, brokerage firm or other person whose name or telephone number appears on the sign is the person responsible for posting a sign advertising property for sale, lease or rent;
The candidate seeking office is the person responsible for posting a sign promoting the candidate for public office;
The owner, or lessee if the property is leased, of property used for a yard or garage sale is the person responsible for posting a sign advertising a yard or garage sale;
The owner, or lessee if the property is leased, of property used for a commercial activity or event is the person responsible for posting a sign advertising the subject commercial activity or event;
The person whose name, telephone number or address appears as the sponsor for a sporting event, concert, theatrical performance, or similar activity or event is the person responsible for posting a sign advertising the subject activity or event; and
The person whose name, telephone number or address appears on the sign as the person to contact is the person responsible for leaving posted the same.
For purposes of this section, the person presumed to be responsible for posting a sign on Township property may rebut such presumption by declaring under penalty of perjury or swearing under oath that the person did not cause, authorize, allow or permit the posting of the sign on Township property.
Any sign found posted, placed or otherwise affixed upon any Township property contrary to the provisions of this article may be removed by the Township. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof, and the entity which removed the sign or signs is authorized to effect the collection of said cost incurred by the Township.
Any person or organization violating this article or the rules and regulations promulgated thereby, or the terms of the permit, upon conviction, shall be punished by a fine not exceeding $1,250 per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Additionally, any person or organization violating this article may be prohibited from securing a sign permit in the future.