This chapter shall be known as an "Ordinance Regulating the Distribution of Handbills in the Town of Smithtown."
[HISTORY: Adopted by the Town Board of the Town of Smithtown 9-8-1987. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
Printed or written matter, sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed matter or literature which is not delivered by United States mail:
Which advertises for sale any merchandise, product, commodity or thing;
Which 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;
Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; or
Which contains reading or pictorial matter other than advertising matter, but is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
All property, including but not limited to vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant thereto.
Any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses or fountains and any and all public parks, squares, spaces, grounds and buildings.
Every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks.
The purpose of this chapter is to promote the public health and well-being by controlling the manner in which handbills are distributed in the Town.
This chapter shall control the manner in which persons distribute handbills within the Town.
No person shall throw, scatter or cast any kind of handbill in or upon any public place within the Town, and no person shall hand out or distribute or sell any handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute handbills or any other thing which is otherwise permitted and authorized by law in any public place to any person willing to accept such handbill or other thing without payment therefor.
No person shall place any handbill in or upon any private premises except by handing or transmitting any such handbill directly to any other person then present in or upon the private premises or by placing the handbill on a structure appurtenant to the private premises, excluding mailboxes when prohibited by federal postal laws or regulations, so as to prevent it from being carried by the elements about such premises or elsewhere.
Such material shall contain in each delivery a telephone number and mailing address of the distributor, with notice that further distribution may be canceled at any time during the year by calling and canceling by phone or, in writing, by mailing such cancellation to the listed mailing address.
It shall be unlawful to tack or place any handbill on the private property of anyone who has placed the distributor on notice, pursuant to § 181-7, of cancellation of such distribution or delivery until further notice.
No person shall deposit, fasten, throw, scatter or cast any handbill in or upon any vehicle located on public property. The provisions of this section shall not be deemed to prohibit the handing of any handbill to the owner or other occupant of any vehicle who is willing to accept it without payment therefor or to apply to the issuance of any traffic ticket or other notice permitted or required by law.
Any person distributing handbills shall maintain the area which he is utilizing free of any litter caused by or related to said handbill distribution.
The provisions of this chapter shall not be construed to prohibit the distribution of newspapers and political literature, except that newspapers and political literature shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or private premises.
It shall be a rebuttable presumption that the publisher, advertiser and/or distributor shall be responsible for the means of distribution and not the individual carrier.
Any person violating any provisions of this chapter shall be guilty of an offense punishable by fine or imprisonment, or both; however, for the purpose of confirming jurisdiction upon courts and judicial officers, such violation shall be deemed a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. In lieu of the foregoing, any person violating any provisions of this chapter shall be subject to a penalty in the sum of not more than $100 for the first violation and in a sum of not more than $250 for subsequent violations, which penalties may be recovered in a civil action in the name of the Town of Smithtown.
[Amended 9-7-1993; 5-8-2007; 5-22-2025 by Res. No. 2025-566]
This chapter shall be enforced by the Ordinance Inspectors and Chief Building Inspector or the Building Inspectors or the Public Safety Director of the Town of Smithtown or by deputies whom said Chief Building Inspector or Public Safety Director shall designate for this purpose.