[HISTORY: Adopted by the Board of Trustees of the Village of Massena 10-2-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:
- 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; 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 the 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 this state, or under any local law of this municipality; or
- D. Which, while containing reading matter other than advertising matter, is predominately 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.
- Any newspaper of general circulation, any newspaper duly entered with the U.S. Postal Service, in accordance with the federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition, with no less than four issues per year, and sold to the public.
- NONCOMMERCIAL HANDBILL
- Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill or a newspaper.
- Material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person, applying contemporary community standards, would find, taken as a whole, appeals to prurient interests or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, which, taken as a whole, lacks serious literary, artistic, political or scientific value.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- Any dwelling, house, building, or other structure, designed or used in whole or part for residential purposes, whether inhabited or uninhabited, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
No person shall stick, post, stamp, paint or otherwise affix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone, or any other portion or part of any public way or public place, or any lamppost, electric light, or telephone pole, or railway structure, hydrant, shade tree or tree-box, or upon the piers, columns, railings, gates or other parts of any public bridge or viaduct, or other public structure or building, or upon any pole, box or fixture of any fire alarm except such as may be authorized or required by the laws of the United States, New York State, and local laws of this municipality.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within the municipality; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person willing to accept such a handbill.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handling, transmitting or distributing of any commercial or noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.
It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon private premises which are uninhabited or vacant.
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such commercial or noncommercial handbills left upon such premises.
No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon private premises except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided that except where the premises are posted as provided in this chapter or where anyone upon the premises requests otherwise, a person may place or deposit any such commercial or noncommercial handbill in or upon such private premises, if such handbill is contained in a plastic bag ventilated with air holes throughout the surface of the bag, or unventilated plastic bag no greater than six inches in width, or if such handbill is so placed or deposited as to secure or prevent such handbills from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law or regulations.
The provisions of the section shall not apply to the distribution of United States mail or to newspapers; except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
It shall be unlawful for any person to post, hand out, distribute or transmit any sign, or any handbill:
This chapter shall not be deemed to repeal, amend or modify any existing local law, either prohibiting, regulating or licensing canvassers, hawkers, peddlers, transient merchants, or any person using the public streets or places for any private business or enterprise, or for commercial sales, not covered herein.
Violation of this chapter, upon conviction thereof, shall be punished by a fine or penalty of not more than $250, or by imprisonment for not more than 15 days, or both.