It shall be unlawful for any person to throw,
cast or distribute, or permit to be thrown, cast or distributed, any
handbill, circular, card, booklet, placard, phone book, phone directory,
yellow pages directory or other advertising matter whatsoever in or
upon any street, front yard, courtyard or lawn of any building or
in private letter boxes or in automobiles or other vehicles in the
City of Port Jervis, provided that nothing herein contained shall
be deemed to prohibit or otherwise regulate the distribution of such
advertising matter from home to home by affixing the same to an inner
or outer door of a private home or by placing the same in a slot or
recess of the door or by placing the same underneath the door of such
dwelling, nor shall anything herein be deemed to prohibit or otherwise
regulate the delivery of such matter by the United States Postal Service,
or prohibit the distribution of sample copies of newspapers sold by
the copy or by annual subscription. (This section is not intended
to limit the lawful distribution of anything other than commercial
and business advertising matter.)
A breach of this chapter shall be a violation
punishable by a fine of not less than $100 nor more than $750 or imprisonment
for a period not exceeding 15 days, or both fine and imprisonment,
for the first such violation and, for any subsequent violations, by
a fine of not less than $250 nor more than $1,000 or imprisonment
for a period not exceeding 15 days, or by both fine and imprisonment.
Each day such violation is permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder. The
City may also bring an action or proceeding to enjoin the violation
and to recover the costs incurred by the City for cleaning up or otherwise
remedying conditions brought about by the violation of this chapter.