[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville 4-1-1973 as Art. 12 of the 1973 General Ordinance;
amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, paper, booklet or any other printed or otherwise reproduced original
or copies of any matter or literature:
Which solely advertises for sale any merchandise, product, commodity
or thing;
Which solely 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
Which solely directs attention to or advertises any meeting, theatrical
performance, exhibition or event of any kind for which an admission fee is
charged for the purpose of private gain or profit, but the terms of this subsection
shall not apply where an admission fee is charged or a collection is taken
up for the purpose of defraying the expenses incident to such meeting, theatrical
performance, exhibition or event of any kind, when either of the same is held,
given or takes place in connection with the dissemination of information,
provided that nothing contained in this subsection shall be derived to authorize
the holding, giving or taking place of any meeting, theatrical performance,
exhibition or event of any kind without a license where such license is or
may be required by any law of this state or under any local law of this municipality.
Any newspaper of general circulation and any periodical or current
magazine regularly published.
Any printed or written matter, any sample or device, circular, leaflet,
pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter or literature not included in
the aforesaid definitions of "commercial handbill" and "newspaper."
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any dwelling, house, building or other structure designed or used
in whole or part for residential purposes, whether inhabited or uninhabited,
and shall include any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building or other
structure.
Any and all streets, boulevards, avenues, lanes, alleys or other
public ways and any and all public parks, squares, spaces, plazas, grounds
and buildings.
No person shall post, stick, stamp, paint or otherwise affix, or cause
the same to be done by any person, any notice, placard, bill, card, poster,
advertisement or other paper or device calculated to attract the attention
of the public to or upon any sidewalk, crosswalk, curb or curbstone, flagstone
or any other portion or part of any public way or public place; or any lamppost,
electric light or telephone pole; or railway structure, hydrant, shade tree
or tree box; or upon the piers, columns, railings, gates or other parts of
any public bridge or viaduct or other public structure or building; or upon
any pole, box or fixture of the fire alarm, except such as may be authorized
or required by the laws of the United States, New York State and the local
laws of this municipality.
It shall be unlawful for any person to deposit, place, throw, scatter
or cast any commercial or noncommercial handbill in or upon any public place
within the municipality; provided, however, that it shall not be unlawful
for any person to hand out or distribute, without charge to the receiver thereof,
any commercial or noncommercial handbill in any public place to any person
willing to accept such handbill.
It shall be unlawful for any person to distribute, deposit, place, throw,
scatter or cast any commercial or noncommercial handbill in or upon any automobile
or other vehicle. The provisions of this section shall not be deemed to prohibit
the handing, transmitting or distributing of any commercial or noncommercial
handbill to the owner or other occupant of any automobile or other vehicle
who is willing to accept the same.
It shall be unlawful for any person to distribute, deposit, place, throw,
scatter or cast any commercial or noncommercial handbill upon any premises
if requested by anyone thereon not to do so or if there is placed on said
premises in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements"
or any similar notice indicating in any manner that the occupants of said
premises do not desire to be molested or to have their right of privacy disturbed
or to have any such commercial or noncommercial handbills left upon such premises.
A.Â
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises except by handing or
transmitting any such handbill directly to the owner, occupant or other person
then present in or upon such private premises, provided that, except where
the premises are posted as provided in this chapter or where anyone upon the
premises requests otherwise, a person may place or deposit any such commercial
or noncommercial handbill in or upon such private premises if such handbill
is contained in a plastic bag or similar receptacle or if such handbill is
so placed or deposited as to secure or prevent such handbill from being blown
or drifted about such premises or sidewalks, streets or other public places.
Mailboxes may not be so used when so prohibited by federal postal law or regulations.
B.Â
The provisions of this section shall not apply to the
distribution of mail by the United States or to newspapers, except that newspapers
shall be placed on private property in such a manner as to prevent their being
carried or deposited by the elements upon any street, sidewalk or other public
place or upon private property.
