[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 21-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
It is the purpose of this chapter to amend the existing ordinances
of the Village of Amityville pertaining to the unsolicited distribution
of handbills, newspapers and advertising material on public and private
property. The Board of Trustees finds that the constitutionally protected
freedoms of speech and the press guarantee the right to distribute
printed material to the public at large with the greatest latitude.
At the same time, said Board finds that the right of Village residents
to privacy and safety in their homes, as well as the general health,
safety and welfare, require that reasonable restrictions be placed
upon the distribution of such material.
A.
It shall be unlawful for any person to engage, directly or indirectly, in the unsolicited distribution of handbills, newspapers, advertising matter or any other printed material on privately owned property without a permit issued by the Village Clerk. Such permit shall contain the restrictions on distribution set forth in § 35-8 and shall provide that failure to comply with such restrictions shall be grounds for suspension or revocation of the permit, after hearing by the Board of Trustees, in addition to any penalties otherwise provided in the Code.
B.
A
separate permit shall be required for the employer, as well as each
employee engaged in such distribution.
C.
It
shall be unlawful for any employer to suffer or allow any employee
to engage in such distribution without a permit.
Applicants for permit under this chapter must file an application
with the Village Clerk containing the following information:
A.
Name,
address and age of applicant.
B.
A
brief description of the type of printed material to be distributed.
C.
A
statement as to whether the applicant has ever been convicted of any
felony, misdemeanor or offense involving a municipal local law or
ordinance, the nature of the crime or offense and the penalty assessed
therefor.
D.
Two
photographs of the applicant taken not more than 60 days prior to
the date of filing of the application, which picture shall not be
larger than 1 1/2 inches, and shall show the head and shoulders
of the applicant.
E.
The
name and address of the employer of the applicant, if any.
F.
Any
applicant under the age of 18 shall submit the appropriate permit
or working papers from the State of New York Education Department.
A.
Upon
receipt of the application, the Village Clerk shall forward a copy
thereof to the Amityville Police Department for an investigation of
the applicant. If the investigation shall establish that the applicant
has a police record, the Police Department shall attach a copy thereof
to the application and return same to the Village Clerk. If no police
record is found, a statement to this effect shall be attached to the
application in lieu of the police record.
B.
If
the investigation shall satisfy the Village Clerk that the applicant
is a fit and proper person to receive a permit, the application shall
be approved; otherwise, it shall be denied.
C.
Following
approval of the application by the Village Clerk, a permit shall be
issued to the applicant. The permit shall contain the name, address,
age and photograph of the permittee, the type of printed material
to be distributed, the amount of fee paid, the permit number and the
date of issuance and the date of expiration of such permit.
D.
No
application may be approved by the Village Clerk unless all conditions
contained in this chapter are fully complied with to the satisfaction
of said Clerk.
E.
No
permit shall be issued to any minor under 12 years of age.
F.
The
Village Clerk shall keep a record of all permits issued.
Every permittee shall have his permit in his immediate possession
at all times when distributing printed material and shall display
same upon the demand of any person. No permit may be transferred from
one person to another person.
A permit for the unsolicited distribution of printed material
on private property shall be issued as of the first day of April in
each year and shall be valid through the last day of March next succeeding
unless previously suspended or revoked.
An annual fee in an amount to be established by the Board of
Trustees by duly adopted resolution shall be paid for a permit for
the unsolicited distribution of printed material on private property.
The following restrictions shall apply to all unsolicited distribution
of printed material on private property:
A.
Material
to be distributed cannot be thrown or left on the ground or left in
trees, shrubs or plants or placed on vehicles.
B.
Material
shall be placed in a receptacle provided by the distributor, owner
or occupant, or, if no such receptacle is available, it may be placed
in bags and hung on doorknobs or placed under doormats or otherwise
restrained from dispersal by wind. Material distributed shall contain
the name, address and telephone number of the distributor.
C.
Material
shall not be left at any premises where the owner or occupant has
specifically requested that delivery not be made.
D.
There
will be no distribution of material before 9:00 a.m. or after 1/2
hour before sunset or 7:00 p.m., whichever is earlier.
E.
There
will be no distribution of material at any premises posted with a
sign prohibiting such distribution.
F.
Such
other reasonable restrictions as the Board of Trustees may, by resolution,
from time to time, impose. Such additional restrictions, if any, shall
be set forth in full in the permit application.
A.
The
following persons or organizations shall not be required to have a
permit for the unsolicited distribution of printed material on private
property:
(1)
Political candidates, committees or parties.
(2)
Churches or other religious organizations.
(3)
Charitable organizations.
(4)
Civic or other nonprofit community service organizations.
(5)
Newspapers, as defined in § 60 of the General Construction
Law.
(6)
Honorably discharged veterans of the armed services of the United
States who have obtained a veteran's license from the Suffolk County
Clerk pursuant to law.
Any person may distribute printed material on property owned
or controlled by the Village subject to the following restrictions:
A.
No person shall distribute such material in a manner so as to create
a traffic hazard to vehicles or pedestrians in the public streets
or parking fields or to pedestrians on sidewalks.
B.
No persons shall distribute such material by throwing or leaving
same on any street, sidewalk or other public place or any vehicle,
tree, shrub or plant thereon.
C.
No person shall distribute any printed material inside any building
owned or controlled by the Village.