[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 21-2009. Amendments noted where applicable.]
Signs — See Ch. 144.
Editor's Note: This local law provided that it shall take effect on January 2, 2010, subject to acceptance and filing by the Secretary of State.
It is the purpose of this chapter to amend the existing ordinances of the Village of Amityville pertaining to the unsolicited distribution of handbills, newspapers and advertising material on public and private property. The Board of Trustees finds that the constitutionally protected freedoms of speech and the press guarantee the right to distribute printed material to the public at large with the greatest latitude. At the same time, said Board finds that the right of Village residents to privacy and safety in their homes, as well as the general health, safety and welfare, require that reasonable restrictions be placed upon the distribution of such material.
It shall be unlawful for any person to engage, directly or indirectly, in the unsolicited distribution of handbills, newspapers, advertising matter or any other printed material on privately owned property without a permit issued by the Village Clerk. Such permit shall contain the restrictions on distribution set forth in § 35-8 and shall provide that failure to comply with such restrictions shall be grounds for suspension or revocation of the permit, after hearing by the Board of Trustees, in addition to any penalties otherwise provided in the Code.
A separate permit shall be required for the employer, as well as each employee engaged in such distribution.
It shall be unlawful for any employer to suffer or allow any employee to engage in such distribution without a permit.
Applicants for permit under this chapter must file an application with the Village Clerk containing the following information:
Name, address and age of applicant.
A brief description of the type of printed material to be distributed.
A statement as to whether the applicant has ever been convicted of any felony, misdemeanor or offense involving a municipal local law or ordinance, the nature of the crime or offense and the penalty assessed therefor.
Two photographs of the applicant taken not more than 60 days prior to the date of filing of the application, which picture shall not be larger than 1 1/2 inches, and shall show the head and shoulders of the applicant.
The name and address of the employer of the applicant, if any.
Any applicant under the age of 18 shall submit the appropriate permit or working papers from the State of New York Education Department.
Upon receipt of the application, the Village Clerk shall forward a copy thereof to the Amityville Police Department for an investigation of the applicant. If the investigation shall establish that the applicant has a police record, the Police Department shall attach a copy thereof to the application and return same to the Village Clerk. If no police record is found, a statement to this effect shall be attached to the application in lieu of the police record.
If the investigation shall satisfy the Village Clerk that the applicant is a fit and proper person to receive a permit, the application shall be approved; otherwise, it shall be denied.
Following approval of the application by the Village Clerk, a permit shall be issued to the applicant. The permit shall contain the name, address, age and photograph of the permittee, the type of printed material to be distributed, the amount of fee paid, the permit number and the date of issuance and the date of expiration of such permit.
No application may be approved by the Village Clerk unless all conditions contained in this chapter are fully complied with to the satisfaction of said Clerk.
No permit shall be issued to any minor under 12 years of age.
The Village Clerk shall keep a record of all permits issued.
Every permittee shall have his permit in his immediate possession at all times when distributing printed material and shall display same upon the demand of any person. No permit may be transferred from one person to another person.
A permit for the unsolicited distribution of printed material on private property shall be issued as of the first day of April in each year and shall be valid through the last day of March next succeeding unless previously suspended or revoked.
An annual fee in an amount to be established by the Board of Trustees by duly adopted resolution shall be paid for a permit for the unsolicited distribution of printed material on private property.
The following restrictions shall apply to all unsolicited distribution of printed material on private property:
Material to be distributed cannot be thrown or left on the ground or left in trees, shrubs or plants or placed on vehicles.
Material shall be placed in a receptacle provided by the distributor, owner or occupant, or, if no such receptacle is available, it may be placed in bags and hung on doorknobs or placed under doormats or otherwise restrained from dispersal by wind. Material distributed shall contain the name, address and telephone number of the distributor.
Material shall not be left at any premises where the owner or occupant has specifically requested that delivery not be made.
There will be no distribution of material before 9:00 a.m. or after 1/2 hour before sunset or 7:00 p.m., whichever is earlier.
There will be no distribution of material at any premises posted with a sign prohibiting such distribution.
Such other reasonable restrictions as the Board of Trustees may, by resolution, from time to time, impose. Such additional restrictions, if any, shall be set forth in full in the permit application.
The following persons or organizations shall not be required to have a permit for the unsolicited distribution of printed material on private property:
Political candidates, committees or parties.
Churches or other religious organizations.
Civic or other nonprofit community service organizations.
Newspapers, as defined in § 60 of the General Construction Law.
Honorably discharged veterans of the armed services of the United States who have obtained a veteran's license from the Suffolk County Clerk pursuant to law.
Any person may distribute printed material on property owned or controlled by the Village subject to the following restrictions:
No person shall distribute such material in a manner so as to create a traffic hazard to vehicles or pedestrians in the public streets or parking fields or to pedestrians on sidewalks.
No persons shall distribute such material by throwing or leaving same on any street, sidewalk or other public place or any vehicle, tree, shrub or plant thereon.
No person shall distribute any printed material inside any building owned or controlled by the Village.