[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.
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.
A.
This article shall not apply to the Township.
B.
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.
C.
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.
A.
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.
B.
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,[1] and be accompanied by a permit fee in the amount established
by this article.
[1]
Editor's Note: The application form is on
file in the Township Clerk's office.
C.
A permit shall be valid for the period of time specified
in the permit.
D.
There can be no change in the approved dates and times
once a permit has been issued.
E.
The applicant shall execute the application form which
requires that the applicant:
(1)
Indemnify and hold the Township harmless against all
claims arising from or relating to the sign;
(2)
Assume responsibility for all damages and loss to
Township property which may be caused by the sign; and
(3)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
For purposes of this article, there shall be a presumption
that:
(1)
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;
(2)
The candidate seeking office is the person responsible
for posting a sign promoting the candidate for public office;
(3)
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;
(4)
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;
(5)
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
(6)
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.
B.
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.
A.
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.
B.
Additionally, any person or organization violating
this article may be prohibited from securing a sign permit in the
future.
