[HISTORY: Adopted by the Board of Trustees of the Village of East Williston 5-9-1988 by L.L. No. 2-1988 as Ch. 64 of the 1988 Code; amended in its entirety 12-9-1991 by L.L. No. 1-1992. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Posting bills — See Ch. 121, § 121-25.
A. 
This chapter shall be known and may be cited as the "Commercial Handbills Law of the Village of East Williston, New York."
B. 
The Board of Trustees of the Village of East Williston recognizes the constitutional right of any person to disseminate information, including advertising or commercial matter. At the same time, the 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 Village of East Williston.
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. 
Terms defined. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
COMMERCIAL HANDBILL 
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature which:
(1) 
Advertises for sale any merchandise, product, commodity, or thing;
(2) 
Advertises for the employment of any service;
(3) 
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
(4) 
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.
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.
HANDBILL DISTRIBUTOR
Any person engaging or engaged in the business for hire or gain of 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.
NEWSPAPER
Any newspapers of general circulation as defined by general law, 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 fewer than four issues per year and sold to the public.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PREMISES
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 letter box or receptacle on said premises unless the name and address of the distributor and the name and address of the person who initiated the distribution 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 either the name and address of the distributor or to the name and address of the person who initiated the distribution printed thereon via the United States Postal Service, certified mail, return receipt requested, at least 14 days prior to such action, asking that 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.
Any person violating any of the provisions of this chapter shall be deemed guilty of an offense against this chapter and, upon conviction thereof, shall be fined in an amount not exceeding $250. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.