Size of signs limited;
R.B. no longer requires permit for political signs
A sign of the times in Red Bank better be of the appropriate size. Under a revision of the borough’s sign ordinance, introduced at the last Borough Council meeting, a limit of 14 square feet was set on the size of any political sign posted in the borough.
The ordinance could be adopted at the next council meeting July 9.
"The ordinance provides freedom of expression but provides limits on the nature and size, but not the contents, of the sign," Councilman Pasquale Menna told the people at the meeting.
Borough Attorney Richard T. O’Connor said he drew on court opinions to draft the ordinance setting the appropriate size for a sign in a residential zone.
Another revision to the ordinance allows for such a sign to be placed without obtaining a permit, a provision of the previous ordinance that was found to violate the right to free speech as defined in the First Amendment of the Constitution.
Requiring a permit before allowing a sign to be placed was what brought about the review of the ordinance in the first place. When the borough officials were debating the merits of building a parking deck on the existing White Street lot in 2001, Spring Street resident Al Larotonda made his feelings on the proposal known through the placement of a sign on his lawn saying "No Taj Garage."
Within days of placing his sign, Larotonda received a citation from the borough, telling him he had to remove the sign because he had not obtained the necessary permits.
Larotonda resisted, saying that requiring a permit for such a sign would be a violation of his free speech rights.
When his case went to court, it was dismissed on those grounds.
"The problem was he was expressing his opinion on his property. There were no standards, and some were offended by the size," Menna explained to council members. "This ordinance gets away from murky waters. If you put a sign out, it has to be within reasonable parameters."
While Councilwoman Florence "Bette" Thompson argued for strict limits on the amount of time political signs are allowed in place, Menna said the borough doesn’t have the right to mandate this limit for all signs.
"You can’t say he must take the sign down after a public issue; that’s his right," he said.
"Only political signs directed toward an election must be removed within 14 days," added O’Connor. "Others are a free speech issue."
Mayor Edward J. McKenna Jr. agreed with Thompson.
"You can have your opinion but it doesn’t add to the beauty of the surroundings. If people can put up signs and state what they want, it should be for a shorter time. How about 10 days?"
"I think 14 days is reasonable," said Councilman Ivan Polonsky.
"I really don’t care if you say they can keep them up there for 50 days," said the piqued Thompson. "I don’t care."
Larotonda said he was asked by Menna for input on the new ordinance and he suggested a size limit of 16 feet. He said that suggestion was based on the idea that most such signs would be built of plywood which is sold in 4- by 8-foot sheets and so such a sign would be equal to half the sheet.
His sign was roughly 14 square feet, being 2 feet high and 7 feet long.
The revision also requires any political signs to be placed entirely on public property, and that the sign be "clearly marked with the name, address and telephone number of the person responsible for the removal of such signs."
Larotonda said he thought that provision of the ordinance might be unconstitutional.
"It sounds like their thinking of what used to be the rule with political election signs," Larotonda said. "It’s been common practice to do it, but it’s no longer required."
— Lindsey Siegle and Gloria Stravelli