[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 12-5-1978 (Ch. 24 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 173.
This chapter shall be known and designated as the "Commercial
Handbill Ordinance of the Town of Oyster Bay."
A.
It shall be unlawful for any person to throw, cast, place or distribute
or cause or permit to be thrown, cast, placed or distributed any commercial
handbill, circular, card, booklet or other similar commercial or advertising
matter or publication whatsoever upon any places in or upon any public
place or in or upon any part of private property or dwelling or in
any letterbox or receptacle on said premises unless the name and address
of the distributor thereof are clearly and boldly printed thereon
and unless the owners or parties in possession of the properties thereof
have not sent a written request to the said name and address printed
thereon via the United States Postal Service, certified mail, return
receipt requested, at least 14 days prior to such action, asking that
the said owners or parties in possession not receive such publications,
provided that nothing herein contained shall be deemed to prohibit
the distribution of such matter by the United States Postal Service
or prohibit the distribution of sample copies of newspapers regularly
sold by the copy or by subscription.
B.
This section is not intended to prevent the lawful distribution of
anything other than commercial or business matter or material.
A.
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
(5)
DISTRIBUTOR
HANDBILL DISTRIBUTOR
NEWSPAPER
PERSON
PRIVATE PREMISES
PUBLIC PLACES
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter or literature
which:
Advertises for sale any merchandise, product, commodity or thing;
Advertises for the employment of any service;
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 or employment;
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; but the terms of this subsection
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order, provided that nothing contained in this subsection shall
be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition or event of any kind without
a license where such license is or may be required by any law of the
state or under any ordinance of this municipality; or
While containing reading matter other than advertising matter,
is distributed or circulated for advertisement purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Any person, firm, partnership, association, corporation,
company or organization of any kind which actually delivers or causes
the delivery of any commercial handbill as herein defined.
Includes any person engaging or engaged in the business for
hire or gain of distributing commercial or noncommercial handbills,
other than newspapers distributed to subscribers thereof, and any
person receiving compensation directly or indirectly for the distribution
of such handbills.
Includes any newspapers of general circulation as defined
by general law, any newspaper duly entered with the United States
Postal Service in accordance with federal statute or regulation and
any newspaper filed and recorded with any recording officer as provided
by general law; and, in addition thereto, shall mean and include any
periodical or current magazine regularly published with not less than
four issues per year and sold to the public.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
Includes any dwelling, house, building or other structure
designed or used either wholly or in part for private residential
purposes, whether inhabited or temporarily or continuously uninhabited
or vacant, and shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
Includes any and all streets, boulevards, avenues, lanes,
alleys or other public ways and any and all public parks, squares,
spaces, plazas, grounds and buildings.
B.
Words singular in form may include the plural, and any words plural
in form may include the singular. Words in the masculine gender shall
include the feminine and neuter genders.
[Amended 3-7-2023 by L.L. No. 4-2023]
Any violation of this chapter shall be punishable by the imposition
of a fine not to exceed $250 or a maximum of 15 days imprisonment,
or both. Any person found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter shall be subject to
a monetary penalty within the range of fines authorized herein.
