[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 2-15-1973
(Ch. 15 of the 1964 Code). Amendments noted where applicable.]
This chapter shall be known and designated as the "Commercial Handbill
Ordinance of the Village of Westbury."
It shall be unlawful for any person to throw, cast, place or distribute,
or cause or permit to be thrown, cast, placed or distributed, any commercial
handbill, circular, card, booklet or other similar commercial or advertising
matter or publication whatsoever upon any places in or upon any public place
or in or upon any part of private property or dwelling or in any letterbox
or receptacle on said premises unless the name and address of the distributor
thereof are clearly and boldly printed thereon and unless duly permitted by
the owners or parties in possession of the properties thereof; provided that
nothing herein contained shall be deemed to prohibit the distribution of such
matter by the United States Postal Service, or prohibit the distribution of
sample copies of newspapers regularly sold by the copy or the annual subscription.
This section is not intended to prevent the lawful distribution of anything
other than commercial or business matters or material.
A.
COMMERCIAL HANDBILL
(1)
(2)
(3)
(4)
(5)
DISTRIBUTOR
HANDBILL DISTRIBUTOR
NEWSPAPER
PERMITTED
PERSON
PRIVATE PREMISES
PUBLIC PLACES
Definitions. For the purpose of this chapter, the terms
used herein are defined as follows:
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced
original or copies of any matter or literature which:
Advertises for sale any merchandise, product, commodity or thing;
Advertises for the employment of any service;
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 or employment;
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 clause 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 taken place in connection with the dissemination of 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 clause
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 the state or under
any ordinance of this municipality; or
While containing reading matter other than advertising matter, is distributed
or circulated for advertisement purposes, or for the private benefit and gain
of any person so engaged as advertiser or distributor.
Any person, firm, partnership, association, corporation, company
or organization of any kind who actually delivers or causes the delivery of
any commercial handbill as herein defined.
Any person engaging or engaged in the business for hire or gain of
distributing commercial or noncommercial handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for the distribution of such handbills.
Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States
in accordance with federal statute or regulation, and any newspaper filed
and recorded with any recording officer as provided by general law; and, in
addition thereto, shall mean and include any periodical or current magazine
regularly published with not less than four issues per year, and sold to the
public.
Recognizable acquiescence of the owner's or lessee's approval
prior to the distribution of commercial handbills.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any dwelling, house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and shall include any
yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging
or appurtenant to such dwelling, house, building or other structure.
Any and all streets, boulevards, avenues, lanes, alleys or other
public ways and any and all public parks, squares, spaces, plazas, grounds
and buildings.
B.
Word usage. Words singular in form may include the plural,
and any words plural in form may include the singular; words in the masculine
gender shall include the feminine and neuter genders.
Any violation of this chapter shall be punishable by the imposition
of a fine of $250.