[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.]
GENERAL REFERENCES
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.
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 telephone directory upon
a public place within the Village of Scotia.
B.
Private property.
(1)
No person shall leave any telephone directory upon any private property
which is temporarily or continuously uninhabited or vacant.
(2)
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.
C.
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.
A.
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.
B.
Rules and regulations. The Village Clerk may promulgate rules and
regulations which are necessary and proper to carry out the purposes
of this chapter.
C.
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.
D.
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.
