[HISTORY: Adopted by the Town Board of the Town of Deerpark 1-6-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
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 Town of Deerpark, outside of incorporated villages, 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 Town may also bring an action or proceeding to enjoin the violation and to recover the costs incurred by the Town for cleaning up or otherwise remedying conditions brought about by the violation of this chapter.