ASSEMBLY, No. 1259
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman RUSSO
An Act concerning roadside signs and outdoor advertising for tobacco products in certain locations and amending P.L.1991, c.413.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.1991, c.413 (C.27:5-9) is amended to read as follows:
5. Signs permitted by this act shall be by permit from the commissioner pursuant to conditions consistent with the regulations of the commissioner, and the following:
a. A sign may 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.
b. A sign may 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.
c. Illumination of a sign 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.
d. Signs shall be maintained in a safe condition with due regard for conditions of climate, weather and terrain, and as a condition of continued use or permit renewal, unsafe signs shall be remediated by maintenance or repair.
e. A sign 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.
f. A sign may not be painted, drawn, erected or maintained upon trees, rocks, other natural features or public utility poles.
g. Signs for which a permit has been issued shall display in a conspicuous position on the sign or its supporting structure, the name of the person holding the permit.
h. A sign or other object shall not in any way simulate any official, directional, traffic control or warning signs erected or maintained by any governmental agency.
i. A sign advertising any tobacco product including, but not limited to, cigarettes, loose tobacco, cigars, snuff or chewing tobacco shall not be located within 1,000 feet of any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board. The boundaries of the 1,000 foot perimeter shall be determined pursuant to the provisions of N.J.S.2C:35-7.
(cf: P.L.1991, c.413, s.5)
2. Section 21 of P.L.1991, c.413 (C.27:5-25) is amended to read as follows:
21. [A] Except for the provisions of subsection i. of section 5 of this act (C.27:5-9i), a sign erected and maintained with a valid permit issued before the effective date of this act, which does not comply with this act or the rules or regulations adopted pursuant hereto, may continue to be maintained, repaired and restored at the size, location, height, and setback set forth in the permit, including in the event of the partial destruction thereof, without limitation as to time, unless it is totally destroyed or abandoned, or the commissioner finds, pursuant to the authority granted under subsection b. of section 10 of this act, any grounds for revocation of the permit.
(cf: P.L.1991, c.413, s.21)
3. This act shall take effect on the first day of the fifth month after enactment.
STATEMENT
In at least 44 states, including New Jersey, it is illegal to sell cigarettes to children. Therefore, it is in the interest of the State to prohibit the advertising of these products near schools, where children spend most of their daytime hours.
This bill amends the "Roadside Sign Control and Outdoor Advertising Act" of 1991 to prohibit advertisements of tobacco products within 1,000 feet of a school. The provisions of this bill would apply primarily to billboard advertising.
Under this bill, owners of billboards or other fixed signs advertising tobacco products would have to change their advertising or remove their signs within 30 days of notice by the Commissioner of Transportation. The commissioner may enter private property after 30 days to remove the sign and may recover the costs of removal or $500, whichever is greater. Additional penalties are $50 to $500 for each offense, with each day of violation a separate offense. State and local law enforcement authorities, under the direction of the commissioner, may enforce the act.
In 1964, the tobacco industry adopted a "voluntary cigarette advertising code" which contained the stipulation that advertising would not be included in media aimed primarily at persons under age 21. Yet the tobacco industry spends over $3 billion a year, much of which is youth oriented, to market its products. One brand of cigarettes was able to increase its share of the children's market from less than 1 percent to about 33 percent (or about, $476 million) through a cartoon advertising campaign, according to the Journal of American Medical Association (JAMA).
These advertisements are successful because they create powerful images that link smoking with healthy, glamorous, athletic and successful lifestyles. They should not be placed where children and adolescents are most likely to see them in the vicinity of their schools. Studies published in JAMA as well as in the Health Education Journal have shown a link between advertising and children's recognition and acceptance of tobacco products. It was found that children's favorable attitudes toward advertising and smoking precede actual tobacco use and correlate positively with a child's intention to smoke.
Prohibits tobacco advertising within 1,000 feet of schools.