Bill Text: NJ A3817 | 2024-2025 | Regular Session | Introduced
Bill Title: Allows municipalities to advertise for free on certain bridges and railways overpasses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-22 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A3817 Detail]
Download: New_Jersey-2024-A3817-Introduced.html
Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Allows municipalities to advertise for free on certain bridges and railway overpasses.
CURRENT VERSION OF TEXT
As introduced.
An Act allowing municipalities to advertise for free on certain bridges and railway overpasses, supplementing Title 27 of the Revised Statutes, and amending P.L.1991, c.413.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Authority" means the New Jersey Turnpike Authority, established pursuant to section 3 of P.L.1948, c.454 (C.27:23-3), and the South Jersey Turnpike Authority, established pursuant to section 4 of P.L.1991, c.252 (C.27:25A-4).
"Commissioner" means the Commissioner of Transportation.
"Corporation" means the New Jersey Transit Corporation established pursuant to section 4 of P.L.1979, c.150 (C.27:25-4).
"Department" means the Department of Transportation.
"Designated entity" means the entity that has jurisdiction over the bridge or railway overpass on which a municipality seeks to advertise.
2. (New section) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a municipality may advertise, free of charge, on a bridge or railway overpass that is under the jurisdiction of the department, an authority, or the corporation and is located within the municipality, and provided that:
a. the municipality applies to advertise on a bridge or railway overpass through a process established by the department, and the municipality is approved by the department and the designated entity, as applicable;
b. the advertisement does not violate the provisions of the "Roadside Sign Control and Outdoor Advertising Act," P.L.1991, c.413 (C.27:5-5 et seq.); and
c. the advertisement is properly maintained by the municipality.
3. (New section) a. The department shall establish a process for a municipality to apply to advertise on a bridge or railway overpass that is under the jurisdiction of the department, an authority, or the corporation and is located within the municipality. The department shall not charge a fee for a municipality to apply to advertise on a bridge or railway overpass pursuant to P.L. , c. (c. ) (pending before the Legislature as this bill). In addition to any other requirements set forth by the department, the municipality shall submit a copy of the proposed advertisement that the municipality intends to display on the bridge or railway overpass as part of the application process. The proposed advertisement shall comply with the following requirements, in addition to any other requirements set forth by the department:
(1) An advertisement shall not attempt or appear to attempt to direct the movement of traffic or interfere with, imitate, or resemble any official traffic sign, signal, or device, or include or utilize flashing, intermittent, or moving lights, or utilize lighting equipment or reflectorized materials which emit or reflect colors, including, but not limited to, red, amber, or green, except as may be authorized by the commissioner or by agreement between the commissioner and the Secretary of Transportation of the United States;
(2) An advertisement shall not interfere or be likely to interfere with the ability of the operator of a motor vehicle to have a clear and unobstructed view of the highway ahead or of official signs, signals, or traffic control devices;
(3) Illumination of an advertisement shall be effectively shielded so as to prevent light from being directed at any portion of the main-traveled way of the highway, or, if not so shielded, be of a sufficiently low intensity or brilliance as not to cause glare or impair the vision of persons operating motor vehicles on that highway, or otherwise impair the operation of a motor vehicle;
(4) An advertisement shall be maintained in a safe condition with due regard for conditions of climate, weather and terrain;
(5) An advertisement may not be of a type, size, or character so as to endanger or injure public safety, health or welfare, or be injurious to property in the vicinity thereof;
(6) An advertisement shall not in any way simulate any official, directional, traffic control, or warning signs; and
(7) An advertisement shall not advertise private companies, whether or not the company is located within the municipality.
b. After receiving the
application submitted pursuant to subsection a. of this section, the department
shall approve or deny the application. If a municipality applies to advertise
on a bridge or railway overpass under the jurisdiction of an authority or the
corporation, the department shall transmit the application to the designated entity
that has jurisdiction over the bridge or railway overpass. Except as provided
in subsection c. of this section, the department and the designated entity, as
applicable, shall approve any application in accordance with the provisions of P.L.
,
c. (C. ) (pending before the Legislature as this bill), provided that
the advertisement does not violate P.L.1960, c.39 (C.56:8-1 et seq.), the
"Roadside Sign Control and Outdoor Advertising Act," P.L.1991, c.413 (C.27:5-5
et seq.), or any other applicable State of federal law.
c. In the event that the bridge or railway overpass is located within the right-of-way of any portion of the Interstate System or Primary Systems or within a protected area, the department shall deny the application of the municipality if the department reasonably believes the advertisement will conflict with federal law, the flow of traffic, or the safety of motor vehicle drivers.
4. (New section) The department shall adopt, within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning the application process for municipalities to advertise, free of charge, on certain bridges and railway overpasses located in the municipality that are under the jurisdiction of the department, an authority, or the corporation.
5. Section 8 of P.L.1991, c.413 (C.27:5-12) is amended to read as follows:
8. Unless otherwise provided
for in P.L.1991, c.413
(C.27:5-5 et seq.), no permit shall be required for the use, maintenance, or
erection of a sign or other device which is to be used solely for any of the
following purposes:
a. to advertise exclusively for sale or rent the property upon which the sign or other device is located;
b. for notices required by law to be posted or displayed;
c. for any official sign established pursuant to the provisions of the Manual on Uniform Traffic Control Devices for Streets and Highways erected on any public highway by the public authority having jurisdiction over that public highway;
d. for signs which are not adjacent to an Interstate System or Primary System highway and which advertise activities conducted upon the property on which they are located;
e. for signs attached to street furniture that:
(1) are located in areas that are not protected areas;
(2) have been approved by the municipality in which they are located; and
(3) comply with all applicable requirements of section 5 of P.L.1991, c.413 (C.27:5-9); [or]
f. for any sign erected or maintained by the commissioner; or
g. for any advertisements
authorized pursuant to P.L. ,
c. (C. ) (pending before the Legislature as this bill) that are not
adjacent to an Interstate System or Primary System highway.
(cf: P.L.2019, c.495, s.2)
6. This act shall take effect immediately.
STATEMENT
This bills allows municipalities to advertise for free on bridges and railway overpasses that are located within the municipality and are under the jurisdiction of the Department of Transportation (department), the New Jersey Turnpike Authority (NJTA), the South Jersey Turnpike Authority (SJTA), or the New Jersey Transit Corporation (corporation), if approved by the department and the NJTA, SJTA, or corporation, as applicable. The advertisements would be required to follow perimeters set forth by other State and federal laws, including the State's "Roadside Sign Control and Outdoor Advertising Act." This bill also requires the department to establish an application process for municipalities to advertise on these bridges and railway overpasses. The department is required to transmit the applications to the NJTA, SJTA, or corporation if that entity has jurisdiction over the bridge or railway overpass on which the municipality seeks to advertise.
This bill also amends current statutory law to exempt a municipality from needing to obtain a permit for these advertisements, in certain situation, pursuant to the "Roadside Sign Control and Outdoor Advertising Act."
