[HISTORY: Adopted by the Common Council of
the City of Albany 8-19-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 313.
A.
The Common Council of the City of Albany finds and
declares that the illegal posting and distributing of handbills is
a nuisance and form of visual pollution which negatively impacts the
quality of life in residential and commercial neighborhoods. Particularly
offensive is the defacement of public property through the illegal
placement of bumper stickers and similar matter and the placement
of posters or lawn signs by candidates for public office on vacant
or boarded up buildings and on public spaces. It is the intent of
this chapter to prohibit the illegal posting of handbills and to regulate
distribution in a manner which informs persons distributing handbills
of the requirements herein and minimizes street litter.
B.
Unwanted telephone books have become a waste problem,
as well as a litter and nuisance problem. Residents and businesses
complain about unwanted telephone books. The taxpayers bear the burden
for cleanup, recycling and disposal of unwanted books. As the number
of telephone directory distributors increases, it has become a serious
environmental concern. In the interest of improving the quality of
life for our residents, of reducing waste removal and recycling costs
to local governments, and of reducing the use of natural resources,
the Common Council amends this chapter to include telephone directories
within its provisions.
As used in this chapter, the following terms
shall have the meanings indicated:
Any handbill which:
Advertises for sale at a commercial establishment
any commodity or service;
[Amended 6-1-1998 by Ord. No. 29.42.98]
Directs attention to any business, commercial
establishment or other activity for the purpose of either directly
or indirectly promoting its interest; or
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.
A publication that lists and publishes the names,
addresses and telephone numbers of telephone customers or the advertisements,
products or services of businesses or professional firms by alphabetical
category, commonly known as a "local telephone directory."
[Added 1-22-2009 by Ord. No. 24.41.08]
Any printed or written matter, poster, lawn sign, sample
circular, leaflet, pamphlet, paper, booklet, printed matter of literature,
bumper sticker, decal or similar matter with a self-adhesive backing
intended to affix to a surface.
[Amended 6-1-1998 by Ord. No. 29.42.98]
Any natural person, firm, partnership, association, corporation,
company, public utility or organization of any kind.
Any street, sidewalk, alley, public way, public park, public
square, public space, public grounds or public building.
A.
Public places.
(1)
No person shall leave any handbill or local telephone
directory upon a public place within the City of Albany. This provision
shall not be construed as prohibiting the distribution of handbills
to persons willing to accept them.
[Amended 1-22-2009 by Ord. No. 24.41.08]
(2)
No person shall affix any handbill to any lamppost,
public utility pole, street sign, traffic sign, bus shelter, tree
or upon any public structure or public building.
B.
Private property.
(1)
No person shall leave any handbill or local telephone
directory upon any private property which is temporarily or continuously
uninhabited or vacant.
[Amended 1-22-2009 by Ord. No. 24.41.08]
(2)
No person shall leave any handbill upon private property if requested by the owner or any person in control of the property not to do so or if there is posted on the property in a conspicuous place near the entrance a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertising," or any similar notice indicating that the occupants of the property do not desire to have any handbills left upon the property. Local telephone directories may be left upon properties where there is posted a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertising," or any similar notice indicating that the occupants of the property do not desire to have any handbills left upon the property, subject to the requirements of § 217-3D.
[Amended 1-22-2009 by Ord. No. 24.41.08]
(3)
Handbills may be distributed to inhabited private
property which is not posted as provided in this chapter, provided
that the handbills are left in a manner that prevents them from being
carried by the elements upon any public place or private property.
(4)
Local telephone directories shall be delivered to
within 10 feet of the entranceway of any residential or commercial
structure, whether it be public or private.
[Added 1-22-2009 by Ord. No. 24.41.08]
C.
Motor vehicles. No person shall place any handbills
on a motor vehicle.
D.
All local telephone directories distributed within
the City of Albany shall conspicuously print on the front cover and/or
in the Table of Contents a statement that reads, "IF YOU NO LONGER
WISH TO RECEIVE THIS DIRECTORY, PLEASE CALL THE FOLLOWING NUMBER OR
CONTACT THE COMPANY AT THE FOLLOWING ADDRESS:" along with a toll-free
number and mailing address, or electronic mailing address, for the
business that residents may use to provide verbal or written notice
to the business that the resident no longer wishes to receive the
directory. Local telephone directories shall not be distributed to
the resident at that address for a period of five years.
[Added 1-22-2009 by Ord. No. 24.41.08]
A.
License required. Any person engaged in the distribution
of commercial handbills or local telephone directories within the
City of Albany shall make application to and obtain from the City
Clerk a commercial handbill distribution license. The application
shall be written on a form prescribed by the City Clerk. Any person
obtaining a commercial handbill distribution license shall be permitted
to distribute handbills or local telephone directories pursuant to
the provisions of this chapter and the rules and regulations promulgated
by the City Clerk.
[Amended 1-22-2009 by Ord. No. 24.41.08]
B.
Rules and regulations. The City Clerk may promulgate
rules and regulations which are necessary and proper to carry out
the purposes of this chapter.
C.
Suspension or revocation. A license may be suspended
or revoked by the City Clerk only after notice in writing and an opportunity
to be heard is given to the licensee. Written notice of intent to
suspend or revoke a license shall be given to the licensee by registered
or certified mail to the address set forth on the application. The
City Clerk shall suspend or revoke the license of any licensee found
to have violated or to have permitted a violation of any provision
of this chapter or any other ordinance, rule or regulation or state
or federal law pertaining to the distribution of commercial handbills.
D.
Transferability of license. No license issued under
this chapter shall be transferable.
E.
Fees.
(1)
License fees for a commercial handbill distribution
license shall be as follows:
[Amended 11-25-2002 by Ord. No. 42.112.02; 5-19-2008 by Ord. No. 25.42.08]
(2)
The yearly license shall be for a one-year period
commencing at the time of issuance of the license.
(3)
Upon revocation of the license, the license fee shall
be forfeited.
F.
Any commercial handbill, with the exception of local
telephone directories, distributed in accordance with this section
shall bear a license number and expiration date issued by the City
Clerk.
[Added 6-1-1998 by Ord. No. 29.42.98; amended 1-22-2009 by Ord. No. 24.41.08]
G.
Nothing herein shall be interpreted to require a license
for the placement of a commercial handbill, which is in the form of
a poster or lawn sign, on private property when such placement is
with the prior consent of the property owner and advertises the availability
of such property for sale or rent or advertises the services of an
individual, company or other entity making improvements on such property.
[Added 6-1-1998 by Ord. No. 29.42.98]
[Amended 6-1-1998 by Ord. No. 29.42.98]
A.
Any person in violation of any of the provisions of
this chapter shall be subject to penalties in accordance with the
following schedule:
B.
Any person posting a handbill in violation of this chapter which is in the form of a bumper sticker, decal or similar matter shall be subject to an additional penalty not to exceed the maximum authorized by Subsection A of this section.
C.
Notwithstanding Subsection A of this section, upon presentation of a handbill posted or distributed in violation of the provisions of this chapter, the City Clerk may issue a warning letter for a first offense informing the person in violation of the requirements of this chapter.
D.
The name of a person, organization, establishment
or other entity on a handbill shall be considered prima facie evidence
of the identity of a person posting or distributing a handbill.
E.
A telephone number that appears on any handbill shall
be utilized to identify a person responsible for placing a handbill
if no other form of identification is readily available on such handbill;
provided, however, that if the telephone number that appears on any
handbill belongs to a telephone answering service, such telephone
answering service shall be held liable for handbills posted or distributed
in violation of this chapter.
If any section, subsection, sentence, clause,
phrase or portion of this chapter is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and
such holdings shall not affect the validity of the remaining portions
hereof.
