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State v. Boston Juvenile Shoes

Decided: February 2, 1971.

STATE OF NEW JERSEY (TOWNSHIP OF WILLINGBORO), PLAINTIFF-RESPONDENT,
v.
BOSTON JUVENILE SHOES, DEFENDANT-APPELLANT



Lewis, Matthews and Mintz. The opinion of the court was delivered by Matthews, J.A.D.

Matthews

[113 NJSuper Page 259] Defendant was convicted of violating an ordinance of the Township of Willingboro, which requires anyone who exhibits a sign to pay an annual licensing fee of $5. Originally, defendant was convicted in the Willingboro

Municipal Court and fined $25 plus $5 costs. The conviction was affirmed by a trial de novo in the Burlington County Court and the same fine was imposed.

Defendant operates a shoe store in the Willingboro Plaza. The store is located in a courtyard of the plaza which is completely hidden from the general public unless one enters the courtyard area. To reach the store, it is necessary to travel a minimum of 800 feet over a parking area which is the property of the shopping center.

During the period in question defendant had placed at least three signs on his premises:

(1) A canopy sign reading "Stride-Rite Shoes." This sign hangs in front of the store directly over a walkway, suspended from a canopy under which shoppers pass.

(2) A sign painted on the glass door of the store which reads, "Boston Juvenile Shoes, Stride-Rite Shoes." This sign is defendant's trademark.

(3) At least one, and perhaps more, temporary window signs made of paper, roughly 2 x 3 feet, bearing a single word "SALE." This sign is fastened on the window and is used only during two months of the year.

The sections of the ordinance most pertinent to this appeal read as follows:

a. "Sign" shall mean and include every sign, billboard, ground sign, wall sign, roof sign, sign painted on the exterior surface of a building structure, illuminated sign, projecting sign, temporary sign, flag, pennant and badge, and shall likewise include any announcement, declaration, demonstration, display illustration or insignia used to advertise or promote the interest of any person, firm or corporation when the same is placed either indoors or out of doors in such a way that the same is in view of the general public.

(b) "Sign" shall not mean or include any flag, badge or insignia of any public, quasi-public, civic, charitable or religious group, nor shall it mean or include the flags of the United States of America or the State of New Jersey.

17-3 PERMIT REQUIRED.

No sign which exceeds two square feet in area shall be erected, maintained, removed, altered or repaired until a permit for the same has been issued ...


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