[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 5-11-2010 by L.L. No. 1-2010. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 160.
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 for cleanup, recycling and disposal of unwanted 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 Village Board adopts this chapter to license and regulate the distribution of telephone directories.
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, firm, partnership, association, corporation, company, public utility or organization of any kind.
- PUBLIC PLACE
- Any street, sidewalk, alley, public way, public park, public square, public space, public grounds or public building.
- TELEPHONE DIRECTORY
- 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."
Public places. No person shall leave any telephone directory upon a public place within the Village of Scotia.
No person shall leave any telephone directory upon any private property which is temporarily or continuously uninhabited or vacant.
No person shall leave any telephone directory upon private property, unless it is delivered within 10 feet of the entranceway of any residential or commercial structure, whether it be public or private.
All telephone directories distributed within the Village of Scotia 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 a 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. Telephone directories shall not be distributed to the resident at that address for a period of five years.
License required. Any person engaged in the distribution of telephone directories within the Village of Scotia shall make application to and obtain from the Village Clerk a distribution license. The application shall be written on a form prescribed by the Village Clerk. Any person obtaining a telephone directory distribution license shall be permitted to distribute telephone directories pursuant to the provisions of this chapter and the rules and regulations promulgated by the Village Clerk.
Rules and regulations. The Village Clerk may promulgate rules and regulations which are necessary and proper to carry out the purposes of this chapter.
Suspension or revocation. A license may be suspended or revoked by the Village Clerk only after notice, in writing, and an opportunity to be heard is given to the licensee. Written notice of intent to suspend or revoke a license shall be given to the licensee by registered or certified mail to the address set forth on the application. The Village Clerk shall suspend or revoke the license of any licensee found to have violated or to have permitted a violation of any provision of this chapter or any other law, rule or regulation or state or federal law pertaining to the distribution of telephone directories.
Transferability of license. No license issued under this chapter shall be transferable.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or imprisonment for a term not to exceed 15 days, or both.