[ back ]
Sign law
Election sign ordinance to have overhaul
By Seth Augenstein
Staff Writer
Tenafly - The potentially-unconstitutional sign ordinance regulating campaign and other temporary signs in the borough is set for a change by local lawmakers.
Changes for the sign provisions in the town code are going to be "comprehensive," according to Borough Attorney William McClure.
The sign regulations, called a "gentleman’s agreement" by some officials, are intended to limit the number of signs during campaign season. The rules currently limit candidates’ signs to a period of time from 40 days before to five days after a general election, and limit their proximity to municipal rights-of-way.
Several officials, including McClure and Councilman Michael Lattif, have expressed that the regulations violate the First Amendment. In addition, the American Civil Liberties Union has successfully challenged similar ordinances in several New Jersey municipalities for its constitutionality.
After agreeing to wait until after the November 2007 general election, the council’s campaign sign committee – consisting of Councilman Patrick Rouse, Councilwoman Nadia LaMastra and Mayor Peter Rustin – looked into changing the ordinance.
McClure said there has been inquiry over the last several years focusing on changing the ordinance. A 26-page consultant’s sample ordinance was discussed by the council in November 2000, and is now serving as the template for what could become a new set of guidelines affecting all temporary signage.
One of the more significant changes could be to remove the time before an election that the signs can be put up; another is to allow signs 10 feet from the curb, instead of the more-restrictive 10 feet back from the municipal right-of-way. The changes have been mulled over for years, but 2008 marks the first time they could be added to the town code.
"This has been in the works for some time," McClure said.
The borough attorney added that he was reworking the ordinance so it would outline the permissible temporary signage, even down to rules affecting realtors. The council could decide on a new "Constitution-friendly" sign ordinance in March, McClure said.
"It will be a much better ordinance," he said.
[ back ]