Village of East Hills, NY Chapter 149 Printed Materials, Unsolicited

[HISTORY: Adopted by the Board of Trustees of the Village of East Hills 5-24-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Littering — See Ch. 121.

Peddling and soliciting — See Ch. 141.

Special sales — See Ch. 161.

Solid waste — See Ch. 173.

[1] Editor's Note: This local law also repealed former Ch. 149, Printed Materials, Unsolicited, adopted 6-17-1991 by L.L. No. 1-1991 (Ch. 169 of the 1983 Code), as amended.

§ 149-1 Legislative intent.

Numerous individuals or organizations distribute newspapers, magazines, handbills and other papers by depositing the same on the driveways, sidewalks or lawns of private residences and premises. The indiscriminate distribution of printed matter upon residential property creates a significant risk to the public in that the accumulation thereof is an open invitation to burglary. Said manner of indiscriminate distribution is, in addition, unsightly, contributes to litter, results in the expenditure of public funds in order to eliminate the same and constitutes an invasion of privacy of those who do not wish to receive such material. Additionally, the placing of handbills on vehicles on private and public property causes a severe litter problem, is unsanitary and unsightly and results in the expenditure of public funds in order to eliminate the same.

§ 149-2 Definitions; word usage.

A. For the purpose of this chapter, the following terms and words shall have the meanings set forth herein:

ADVERTISING MATTER

Any printed or written matter or any sample or device, circular, leaflet, pamphlet, paper or booklet or any other printed matter or literature, other than a newspaper, and unsolicited newspaper which is not delivered by the United States Postal Service, including but not limited to those which:

(1) Advertise for sale or lease any article, merchandise, product or commodity; or

(2) Advertise or promote any trade, profession or service for hire; or

(3) Direct attention to any business, mercantile, professional, trade or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales or use thereof; or

(4) Direct 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; or

(5) While containing reading matter other than advertising matter, are distributed or circulated for advertisement purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

NEWSPAPER

Any printed matter of general circulation published for the dissemination of news or community information.

PERSON

Any person, firm, partnership, association, corporation, company or entity and any agent, designee, employee or person acting on behalf thereof.

PRIVATE PREMISES

All property which is not a public place, including but not limited to any land, building or other structure designed or utilized for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structures appurtenant thereto, and vacant land.

PUBLIC PLACE

The streets, alleys or other public ways, public parks, public buildings, public grounds and public parking lots.

UNSOLICITED NEWSPAPER

Any newspaper which is not delivered pursuant to a subscription agreement.

B. The word "shall" is mandatory and not merely directory.

§ 149-3 Registration.

A. No person shall distribute or cause to be distributed any advertising matter or unsolicited newspaper to private premises in the Village of East Hills without first having obtained a certificate of registration from the Village Clerk.

B. All persons desiring to distribute or cause to be distributed any advertising matter or unsolicited newspaper to private premises in the Village of East Hills shall file with the Village Clerk a registration statement on forms provided by the Village Clerk containing the following information:

(1) The name of the unsolicited newspaper or the general type of material to be distributed.

(2) The owner or publisher of the unsolicited newspaper or of the person or organization, if any, distributing the material.

(3) Whether the person distributing or causing the distribution is a natural person, partnership, corporation or association.

(4) If a natural person, his or her business or residence address and telephone number.

(5) If a partnership, the principal business address and telephone number of the partnership, together with the local business address and telephone number, if any.

(6) If a corporation, whether it is a domestic or foreign corporation and, if foreign, the state of incorporation, the principal office, address and telephone number of the corporation and the address and telephone number of the local office or agent, if any.

(7) The anticipated frequency of distribution of the unsolicited newspaper or advertising matter.

C. The Village Clerk shall issue a certificate of registration immediately upon the filing of a completed registration statement. If the registration statement has not been completed, the Village Clerk shall inform the person filing the registration statement of the specific information which is lacking. The Village Clerk shall also provide to the person receiving the certificate of registration and shall mail to the address specified in the registration statement the names and addresses of any persons who have notified the Village Clerk pursuant to § 149-4 herein that they do not wish to receive delivery of unsolicited newspapers or advertising matter.

D. The certificate of registration shall be valid for the calendar year for which it was issued. A new registration statement must be filed at such time as there is any change in the information provided in the registration statement prior to a distribution in subsequent calendar years.

§ 149-4 Refusal of delivery; records to be kept; unlawful distribution.

A. The Village Clerk shall maintain a list of addresses of the owners, occupants, tenants or persons in charge of private premises who have notified the Village Clerk that they do not wish to receive delivery of unsolicited newspapers or advertising matter. The Village Clerk shall revise said list when notified that an individual desires to withdraw a prior notification that he or she refuses to receive delivery of the aforementioned materials. All notifications herein to the Village Clerk must be in writing. Whenever the Village Clerk ascertains that the ownership or tenancy of any premises has changed, by virtue of a request for water meter reading or otherwise, for which the owner, tenant or person in charge has filed a refusal of delivery of advertising matter, unsolicited newspaper and campaign material, the Village Clerk shall revise the aforementioned list by deleting said address from the list. The list compiled and the written requests for nondelivery shall be available for inspection pursuant to Article 6 of the Public Officers Law.

B. The Village Clerk shall furnish a copy of the aforementioned list to each person who is issued a certificate of registration. Each registered party is responsible for obtaining the list from the Village Clerk, who shall update and prepare it as promptly and timely as possible. The latest list must be obtained and utilized by each person who is licensed, before a distribution of advertising matter occurs.

C. It shall be unlawful for any person to distribute any unsolicited newspaper or advertising matter to any person who has refused delivery thereof pursuant to this chapter after personal delivery of the list containing the addresses of those persons refusing delivery thereof to a person filing a registration statement and from a date 15 days after a revised list has been mailed to a distributor pursuant to § 149-4B herein.

§ 149-5 Method of delivery.

A. All unsolicited newspapers and advertising matter which have not been refused pursuant to § 149-4 herein and all newspapers shall be distributed to private premises as follows:

(1) To offices, apartments, condominiums, cooperatives and retail stores: placed in the hands of the intended recipient.

(2) To all other private premises: placed in the hands of the intended recipient.

B. No person shall place or cause to be placed any unsolicited newspaper, advertising matter or newspaper on any motor vehicle. This subsection does not apply to the issuance of any traffic ticket or other notice permitted or required by law.

§ 149-6 Posting of materials on or along public property.

No person other than a duly authorized official or employee of the Village shall post, attach or display any sign, notice, placard, poster or other advertising medium containing commercial advertising material to or upon or over any sidewalk, tree, stone, fence, wall, pole, railing or other object in, along, upon or over any street, park or other public place in the Village.

§ 149-7 Distribution of commercial advertising material prohibited.

No person shall distribute, throw or drop or cause to be distributed, thrown or dropped, in or upon any street, park or other public place in the Village, any handbill, poster, advertising card or other similar matter containing commercial advertising material.

§ 149-8 Exceptions.

The provisions of this chapter shall not apply to the distribution of mail by the United States Postal Service or to commercial delivery services of mail or packages or to the service of any legal notice or process which is permitted or required by law.

§ 149-9 Penalties for offenses.

Any person violating any of the provisions of this chapter shall be deemed guilty of an offense against this chapter and, upon conviction thereof, shall be fined in an amount not exceeding $500. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable in this manner.