[HISTORY: Adopted by the Town Board of the Town of Deerpark 1-6-2003
by L.L. No. 1-2003.[1] Amendments noted where applicable.]
[1]
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.
