[Amended 10-13-2004 by L.L. No. 32-2004]
It shall be unlawful for any person or business
entity to throw, cast or distribute, or permit to be thrown, cast
or distributed, any handbill, circular, card, booklet, placard or
other advertising matter whatsoever in or upon any street, front yard,
courtyard or lawn of any building, or in private letter boxes, or
on automobiles or other vehicles within the Town of Huntington, outside
of incorporated villages, provided that nothing herein contained shall
be deemed to prohibit or otherwise regulate the distribution of such
advertising matter from home to home by affixing the same to an inner
or outer door of a private home, or by placing the same in a slot
or recess of the door, or by placing the same underneath the door
of such dwelling. The provisions of this article shall not be deemed
to prohibit or otherwise regulate the delivery of such matter by the
United States Postal Service, or prohibit the distribution of sample
copies of newspapers sold by the copy or by annual subscription. (This
section is not intended to limit the lawful distribution of anything
other than commercial and business advertising matter.)
[Amended 8-17-1993 by Ord. No. 93-CE-11; 11-6-2019 by L.L. No. 56-2019]
(A) A breach of this article shall be an offense punishable by a fine
of not less than one hundred dollars ($100.) nor more than seven hundred
fifty dollars ($750.) or imprisonment for a period not exceeding fifteen
(15) days, or both fine and imprisonment, for the first such offense
and, for any subsequent offenses committed within five (5) years of
the first offense, by a fine of not less than two hundred fifty dollars
($250.) nor more than one thousand dollars ($1,000.) or imprisonment
for a period not exceeding fifteen (15) days, or by both fine and
imprisonment. Each day such violation continues shall constitute a
separate offense and shall be punishable as such hereunder.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B) Any person or entity found by the Bureau of Administrative Adjudication
to have violated this article shall be subject to a monetary penalty
in an amount within the range of fines authorized in subdivision A
for a first offense and subsequent offenses, respectively.
(C) The Town Attorney may also bring an action or proceeding in the name
of the Town in a court of competent jurisdiction to enjoin the violation
and to recover the costs incurred by the Town for cleaning up or otherwise
remedying conditions brought about by the violation of this article.