This chapter shall be known as an "Ordinance Regulating the
Distribution of Handbills in the Town of Smithtown."
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
HANDBILL
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:
A.
Which advertises for sale any merchandise, product, commodity
or thing;
B.
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;
C.
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
D.
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.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.
VEHICLE
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]
This chapter shall be enforced by the Ordinance Inspectors and
Building Director or the Building Inspectors or the Public Safety
Director of the Town of Smithtown or by deputies whom said Building
Director or Public Safety Director shall designate for this purpose.