[HISTORY: Adopted by the Town Board of the
Town of Halfmoon as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 125.
[Adopted 4-21-2009 by L.L. No. 1-2009[1]]
[1]
Editor's Note: This local law
was adopted as Ch. 126, but was renumbered to maintain the alphabetical
organization of the Code.
The Town Board of the Town of Halfmoon finds
and declares that unwanted telephone books have become a waste problem,
as well as a litter and nuisance problem. Residents and businesses
complain about unwanted telephone books. The taxpayers bear the burden
of cleanup, recycling and disposal of unwanted telephone books. As
the number of telephone directory distributors increases, it has become
a serious environmental concern. In the interest of improving the
quality of life for our residents, of reducing waste removal and recycling
costs to local governments, and of reducing the use of natural resources,
the Town Board enacts this article.
As used in this article, the following terms
shall have the meanings indicated:
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
Any street, sidewalk, alley, public way, public park, public
square, public space, public grounds or public building.
A publication that lists and publishes the names, addresses,
and telephone numbers of telephone customers or the advertisements,
products or services of businesses or professional firms by alphabetical
category, commonly known as a local telephone directory.
A.
Public places. No person shall leave any local telephone
directory upon a public place within the Town of Halfmoon. This provision
shall not be construed as prohibiting the distribution of telephone
directories to persons willing to accept them.
B.
Private property.
(1)
No person shall leave any local telephone directory
upon any private property which is temporarily or continuously uninhabited
or vacant.
(2)
Local telephone directories shall be delivered to
within 10 feet of the entranceway of any residential or commercial
structure whether it be public or private.
C.
All local telephone directories distributed within
the Town of Halfmoon shall have conspicuously printed on the front
cover and/or in the Table of Contents a statement that reads, "IF
YOU NO LONGER WISH TO RECEIVE THIS DIRECTORY, PLEASE CALL THE FOLLOWING
NUMBER OR CONTACT THE COMPANY AT THE FOLLOWING ADDRESS," along with
the toll-free number and mailing address, or electronic mailing address,
for the business that residents may use to provide verbal or written
notice to the business that the resident no longer wishes to receive
the directory. Local telephone directories shall not be distributed
to the resident at that address for a period of five years.
A.
A violation of this article is hereby declared to
be an offense punishable by a fine not exceeding $100 for conviction
of the first offense; for conviction of the second offense, both of
which were committed within a period of five years, a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment not to exceed
six months, or both.
B.
Each separate phone book placed in violation of this
article shall constitute a separate offense.
This article shall take effect immediately upon
its passage and publication according to law.
