For the prosecutors, Greenburg, Wilensky & Feinberg.
For the defendants, Oliver T. Somerville.
Before Justices Parker, Donges and Colie.
The opinion of the court was delivered by
DONGES, J. The certiorari brings into this court an ordinance of the Borough of Rutherford, in the County of Bergen, approved September 2d, 1941, the enacting part of which reads as follows:
"1. No person, firm or corporation shall erect or maintain any billboard or other structure for outdoor advertising for profit through rentals or other compensation to be received for the erection, use or maintenance of such billboards or other structures for the display of advertising matter within the Borough of Rutherford.
"2. No person, firm or corporation not engaged in the business of outdoor advertising for profit shall erect or maintain any billboard or other structure for the outdoor display of advertising matter except upon the premises where the business advertising is carried on, and then only after compliance with the laws of the State of New Jersey concerning billboard advertising. Provided, however, this paragraph shall not apply to signs on real estate exclusively to advertise the same for sale or to let or to signs of civic organizations, service clubs or veterans' organizations."
The stipulation of facts recites:
"8. The prosecutors are engaged in the general advertising business and have been so engaged for a long period of years.
"9. The prosecutors maintain and operate a large number of outdoor advertising billboard and posting structures generally throughout the northern part of the State of New Jersey, and also within the borough limits of the respondent."
"15. The prosecutors' outdoor advertising billboard and poster structures are erected and maintained wholly on private property and do not abut or over-hang ...