[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 9-17-1979 by L.L. No. 23-1979, effective
10-15-1979. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Handbill Law of the Incorporated Village of Sea Cliff."
For the purpose of this chapter, the terms used
herein are defined as follows:
To hand out, disseminate or deliver.
Any printed or written matter, dodger, circular, leaflet,
pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copies of any matter of literature which:
Advertises for sale any merchandise, product,
commodity or thing.
Directs attention to any business or mercantile
or commercial establishment or other activity, for the purpose of
either directly or indirectly promoting the interest thereof by sales.
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind.
While containing reading matter other than advertising
matter, is predominantly 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.
Attempts to solicit support for or opposition
to any candidate for public office, or any political party or independent
body.[1]
Attempts to solicit support for or opposition
to any matter of public or private concern.
An announcement or proclamation required by law to be publicly
disseminated in written form.
Any newspaper of general circulation, any newspaper duly
entered with the United States Postal Service in accordance with federal
statute or regulation, any newspaper filed and recorded with any recording
officer as provided by law, any periodical or current magazine regularly
published with not less than four issues per year and sold to the
public and any shopping paper which, for the purposes of advertising
and public information, is distributed without payment of consideration.
[2]To tack, nail, paste, paint or otherwise affix a handbill
to some object or structure.
A.
No person shall distribute any handbill, newspaper
or merchandise sample by placing, throwing or discarding same upon
any public street, park or other public place or in or upon any yard
appurtenant to any building located therein or upon any field or other
open space within the Village.
B.
No person shall distribute any handbill, newspaper
or merchandise sample by placing same in or upon or by attaching same
to any automobile, truck or other motor vehicle, unless such handbill,
newspaper or merchandise sample is delivered into the hands of some
person therein offering to receive same.
C.
No person shall distribute any handbill, newspaper
or merchandise sample at any dwelling house or other building within
the Village unless such handbill, newspaper or merchandise sample
is delivered into the hands of some person therein offering to receive
same or is placed in any slot or receptacle provided on the premises
for the receipt of same, except that mailboxes shall not be so used
when prohibited by postal laws or regulations; provided, however,
that if distribution cannot be made in either manner indicated in
this subsection, such handbill, newspaper or merchandise sample may
be distributed by placing and leaving same outside upon the said premises
in such manner as to be readily seen and taken up by a person entering
such dwelling house or building and in such manner, so far as practicable,
as not to be blown into or upon the yard of the said premises or into
or upon any public highway.
D.
No person shall distribute any handbill, newspaper
or merchandise sample upon any premises if requested by anyone therein
not to do so or if there is placed on said premises in a conspicuous
location a sign bearing the words "No Trespassing," "No Peddlers or
Solicitors," "No Advertisements" or any similar notice indicating
in any manner that the occupants of said premises do not desire to
have their right of privacy disturbed or to have any such handbill,
newspaper or merchandise sample left upon such premises.
E.
No person shall distribute any handbill, newspaper
or merchandise sample to the premises of any dwelling house or other
building known by the person distributing same to be vacant.
F.
No person shall distribute any handbill, newspaper
or merchandise sample so as to interfere with the free flow of traffic,
either pedestrian or vehicular, or so as to cause the formation of
crowds which impede the free use of the streets, sidewalks or other
public places, or in a manner so as to cause public disorder or breach
of the peace or molest or annoy any individual group or gathering.
G.
No person shall throw, drop or deposit any handbill
or any other object out of any aircraft so as to cause the same to
fall within the territorial limits of the Village or to be brought
therein by the elements.
H.
No person shall distribute any merchandise sample
except between the hours of 9:00 a.m. and 5:00 p.m.
I.
The provisions of this chapter shall not apply to
the distribution of mail by the United States Postal Service.
No person shall post any handbill upon any tree
in the Village. Except as provided herein, no person shall post any
handbill upon any fence, sidewalk, building, monument, pole or post.
Handbills may be affixed upon private buildings or billboards if the
consent of the owner shall first have been obtained. Except for posting
on trees, this section shall not prohibit the posting of any legal
notice; nor the posting of any handbill attempting to solicit support
for or opposition to any candidate for public office, or any political
party or independent body; nor any handbill attempting to solicit
support for or opposition to any matter of public or private concern;
nor any handbill advertising the sale of household goods or furnishings
by a bona fide householder or any similar event, provided that such
handbill is so affixed that it may be readily removed, and provided
further that the person posting such handbill shall ensure its prompt
removal and proper disposition immediately following the conclusion
of the event advertised.
No person shall write, print, paint, stamp or
otherwise mark any letters, figures, signs or tokens of any kind whatsoever
on any tree, pole, wall, rock, flagstone, curb, sidewalk, street or
other place in or upon any public or private property within the Village,
except incidental markings on private property or streets for recreational
purposes or markings on private property for purposes of identification.
