1985).īy the return date, the complaint which was filed in the Chancery Division was designated as an action in lieu of prerogative writs without objection by Totowa and assigned to this judge by the assignment judge. (sections of municipal ordinance authorizing seizure of newsracks which were placed in violation of ordinance held unconstitutional).įirst Amendment protections are applicable to the public distribution of newspapers and periodicals through newsracks. This posed questions about the First Amendment which is applicable to the states and municipalities under the Fourteenth Amendment. The removal of the newsracks by either the News or Totowa would interfere with the circulation of newspapers to members of the public. 1884) (city denied writ of mandamus to compel mayor to sign city bonds to be sold to pay off sewers where board of aldermen had not adopted an ordinance authorizing construction of sewers). In the absence of a municipality having adopted an ordinance authorizing activity proposed to be carried out, or being carried out, a municipal official has no *129 power to act. A municipality may also prescribe penalties for violation thereof under N.J.S.A. 5 McQuillin, Municipal Corporations, §§ 15.03 and 15.04 N.J.S.A. Regulation of activities upon streets and sidewalks is normally by ordinance. There was no basis in the ordinance upon which Totowa or its officials could base their act in giving notice or in taking any further action. The other provisions of the ordinance shall be considered hereafter but none provided for confiscating "newsracks" for the owners violating the ordinance. Section seven of said ordinance provided that any person who shall be convicted of violating said ordinance shall be subject to a fine not exceeding $100. 09-83, must be immediately moved, and upon failure to remove within 48 hours, the newsrack would be confiscated and a summons issued, counsel for the News, based on a verified complaint, supporting certification, brief and notice to Totowa, applied for a preliminary injunction to restrain Totowa from removing its newsracks and declaring said ordinance unconstitutional under the First and Fourteenth Amendments to the Constitution of the United States and the Constitution of New Jersey. Randall Bush on the brief).Īfter defendant, Borough of Totowa, a municipal corporation, ("Totowa"), placed a notice, printed on cardboard, on seven of the honor boxes or newsracks owned by plaintiff, The News Printing Company, a New Jersey corporation, ("News"), stating*128 that the newsrack was placed in violation of ordinance no. Moraff for defendant (Fiorello, Moraff, Foster & Corrado, attorneys W. McGimpsey for plaintiff (McGimpsey & Cafferty, attorneys Thomas J. Superior Court of New Jersey, Law Division Passaic County. THE NEWS PRINTING COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF,īOROUGH OF TOTOWA, A MUNICIPAL CORPORATION, DEFENDANT.
0 kommentar(er)
