E.B. mulls restrictions on business advertising
Discussion centers on use of characters to get motorists' eye
BY VINCENT TODARO
Staff Writer

EAST BRUNSWICK - The Township Council is looking to clamp down on businesses whose advertising practices could pose a safety hazard.

Council members on Monday discussed tightening the town's ordinance to prohibit businesses from having characters stand outside their business as an advertising measure if the township deems it to be a safety hazard. Officials want businesses to be more aware and concerned about the potential traffic and safety issues brought about by such types of advertising, which some say is distracting to drivers.

Though the discussion comes in response to a recent court case, Councilman David Stahl disagreed with the idea of further restrictions. He said the township is overreacting to a couple of locations that use people dressed in costumes who stand in front of the business to draw attention to it.

"The reality is that it's very limited in this town now," Stahl said, adding that even when the one or two businesses have used the advertising, it is on a seasonal basis.

"We're taking an action that is overreaching," he said.

Stahl wants to see actual evidence that this type of advertising is proliferating.

"Let's permit it within a certain guideline," he said, "rather than just banning it."

Township Business Administrator James White said that business owners contend that these are difficult times and they are looking for cheaper ways to advertise. He said he is not averse to businesses using special promotions, as long as they do not endanger the safety of motorists and pedestrians.

Stahl said that other towns have adopted similar ordinances, but they were influenced by the advertising of one business, Liberty Tax Service, Route 18.

Last year, the business used what it terms "a promotional waver," which at times was a person dressed as Uncle Sam, who waves and greets people. The township received numerous calls about the business and prosecuted the case against the business on behalf of residents who filed complaints. However, the business fought the summons and won the case because the township's ordinance did not have the wording to prohibit the practice, according to Stahl.

Township Planning and Engineering Director Leslie McGowan said the township is now following up on the judge's advice that the ordinance be changed.

Though the township can amend its ordinance to broaden the definition of advertising signs, Stahl, an attorney, cautioned that a court ruling in San Diego declared such kinds of restrictions as too broad and unconstitutional.

Township Attorney Michael Baker said he has driven by the business a few times this year and saw the character waving, smiling and jumping, but not going into the street or handing anything out. McGowan said the actions Baker saw would still be permitted if the ordinance is changed.

Council Vice President Donald Klemp said he would prefer the township have an ordinance that is more restrictive about the practice.

Stahl agreed that businesses should not be allowed to use characters that hand out information to motorists, but said that is no longer taking place.

He said he doesn't think the use of such characters is a problem in town, and that even if such characters did present a safety hazard, it could be stopped by using other types of laws that are on the books.

Council President Nancy Pinkin said she'd like more information before the council votes on an ordinance change. She said she wants to examine what types of restrictions the township would impose, as well as which are being used by other towns. She also wants to see the number and nature of the complaints that came in regarding the business.

The issue was only up for discussion at the meeting, and the council did not take action.