Village of Munsey Park, NY Chapter 104 Handbills

[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 5-8-1985 by L.L. No. 2-1985 (Sec. G119 of the 1971 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Peddling and soliciting — See Ch. 132.

Littering — See Ch. 151.

§ 104-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OBJECTING RESIDENCE

A residence from the 15th day after the Village Clerk lists it on a list of objecting residences, which list shall be available for inspection and copying during business hours at the Village Office, until deleted from such list.

PERSON

A natural person, firm, partnership, corporation or other entity and, in the case of a minor, shall include a parent or guardian.

UNSOLICITED ADVERTISING MATERIAL

Any handbill, circular, pamphlet, leaflet, booklet, product, merchandise, commodity or newspaper which advertises or otherwise promotes in whole or any part thereof any business enterprise and which is not delivered to a residence pursuant to agreement with an occupant thereof.

§ 104-2 Prohibited acts.

In order to control litter, preserve privacy and avoid giving notice of unoccupied residences, no person shall deliver or cause to be delivered, except by mail, any unsolicited advertising material to any objecting residence or any other residence by placing it upon any street, sidewalk, driveway or lawn or delivering it in any manner other than placing it in the hands of an occupant of such residence or by affixing it, closed in a manner as to prevent scattering, in a door handle, and the door or its jamb, or between the door and its outer auxiliary door.

§ 104-3 List of objecting residences.

The Village Clerk shall maintain a list of the name of each occupant and address of such occupant's residence who has requested in writing that no delivery of unsolicited advertising material be made to such residence and shall delete from such list the name and address of each occupant requesting in writing such deletion or who has ceased to reside in such residence. The Village Clerk shall furnish a copy of the list of objecting residences to each person who has registered pursuant to § 104-4 hereof and shall from time to time mail changes in such lists to such persons.

§ 104-4 Registration of distributors.

A. No person shall deliver or cause to be delivered, except by mail, any unsolicited advertising material to any residence until such person shall have registered with the Village Clerk by delivering to such Clerk a completed registration in such form as such Clerk shall prescribe:

(1) Describing the unsolicited advertising material and the proposed distribution;

(2) Setting forth the names, addresses and telephone numbers of all persons distributing it or causing its distribution; and

(3) Containing the agreement of each such person to make such distribution only in the manner and to the residences contemplated by § 104-2 hereof.

B. The Village Clerk shall maintain a file of completed registrations of persons so registered and shall discard such forms upon completion of the distribution described therein.

§ 104-5 Penalties for offenses. [1]

Each delivery to each residence by each person making a delivery or causing a delivery in violation of § 104-2 or 104-4 shall constitute a separate offense, punishable as provided in Chapter 1, General Provisions, Article II, Penalties.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).