[HISTORY: Adopted by the North Hempstead Town Board 6-18-1991 as
L.L. No. 8, 1991. Amendments noted where applicable.]
The Town Board of the Town of North Hempstead recognizes the constitutional
right of any person to disseminate information, including advertising or commercial
matter. At the same time, the Town Board must address the concerns of private
property owners that distribution of commercial handbills on private property
may be injurious to public health, safety and welfare and may constitute a
nuisance. The accumulation of unsolicited commercial handbills on private
property can be regulated as a matter of public health and safety. The proliferation
of such handbills indicates that a dwelling is unoccupied, thereby making
it a potential target for vandalism, burglary or other violations and crimes.
This provision seeks to promote and preserve the right of any person to distribute
such information and at the same time protect the interests of the residents
of the Town of North Hempstead.
A.
Word usage. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural number
include the singular number, and words used in the singular number include
the plural number. The word "shall" is always mandatory and not merely directory.
B.
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
DISTRIBUTOR
HANDBILL DISTRIBUTOR
NEWSPAPER
PERSON
PRIVATE PREMISES
Terms defined. For the purpose of this local law, the
following terms, phrases, words and their derivations shall have the meanings
given herein:
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper or booklet or any other printed or otherwise reproduced
original or copies of any matter or literature which:
Advertises for sale any merchandise, product, commodity or thing;
Advertises for the employment of any service;
Directs attention to any business or mercantile or commercial establishment
or other activity for the purpose of either directly or indirectly promoting
the interests thereof by sales or employment; or
While containing reading matter other than advertising matter, is distributed
or circulated for advertisement purposes or for the private benefit and gain
of any person so engaged as advertiser or distributor.
Any person, firm, partnership, association, corporation, company
or organization of any kind which actually delivers or causes the delivery
of any commercial handbill as herein defined.
Any person engaging or engaged in the business for hire or gain or
distributing commercial or noncommercial handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation,
directly or indirectly, for the distribution of such handbills.
Any newspapers of general circulation, as defined by general law,
and any newspaper duly entered with the United States Postal Service, in accordance
with any recording officer as provided by general law; and, in addition thereto,
shall mean and include any periodical or current magazine regularly published
with not less than four (4) issues per year and sold to the public.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any dwelling, house, building or other structure, designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building or other structure.
A.
It shall be unlawful for any person to throw, cast, place
or distribute or cause or permit to be thrown, cast, placed or distributed
any commercial handbill, circular, card, booklet or other similar commercial
or advertising matter or publication whatsoever upon any part of private property
or dwelling or in any letterbox or receptacle on said premises unless the
name and address of the distributor thereof are clearly and boldly printed
thereon and unless the owners or parties in possession of the properties thereof
have not sent a written request to said name and address printed thereon via
the United States Postal Service, certified mail, return receipt requested,
at least fourteen (14) days prior to such action, asking that the said owners
or parties in possession not receive such publications, provided that nothing
herein contained shall be deemed to prohibit the distribution of sample copies
of newspapers regularly sold by the copy or by subscription.
B.
This section is not intended to prevent the lawful distribution
of anything other than commercial or business matter or material.
If any clause, sentence, paragraph, section or part of this local law
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof but
shall be confined in its operation to the clause, sentence, paragraph, section
or part thereof directly involved in said judgment.
Any person violating any of the provisions of this local law shall be
deemed guilty of an offense against this local law and, upon conviction thereof,
shall be fined in an amount not exceeding five hundred dollars ($500.). Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
This local law shall take effect immediately upon filing with the Secretary
of State.
