[HISTORY: Adopted by the Town Board of the Town of Niskayuna: Art.
1, 7-1-1975 as L.L. No. 4-1975. Section
47-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art.
I. Other amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 155.
[Adopted 7-1-1975 as L.L. No. 4-1975]
The Town Board of the Town of Niskayuna finds that the distribution
of unsolicited articles to residences without personal delivery to the resident
infringes upon the constitutional right of privacy and creates conditions
which, if the articles are allowed to accumulate in the absence of the resident,
are an indicator of such absence and an invitation to burglars, vandals and
others who would commit crimes against the property of the absent resident.
To protect the citizens' constitutional right of privacy and to minimize
the potential for the occurrence of such incidents and thereby to protect
the safety, health and well-being of the persons and property of the townspeople,
it is necessary that residents be able to control absolutely the delivery
to their residences of all unsolicited articles which would be left on the
premises in their absence and to be able to forestall such delivery for any
period of time. It is the intent of this Article to facilitate such control
by regulating the distribution of unsolicited articles to residences.
As used in this Article, the following terms shall have the meanings
indicated:
A publication which contains news, articles of opinion (as editorial),
features, advertising or other matter regarded as of current interest, has
a paid circulation and has been entered at a United States Post Office as
second-class matter. A publication made available primarily for advertising
purposes to the public generally without consideration is not deemed to be
a "newspaper of general circulation" for the purpose of this Article.
It shall be unlawful in the Town of Niskayuna for any person to distribute
advertising matter or samples to any residence other than the residence of
a person soliciting same without:
A.
The consent of the resident thereof.
B.
The inclusion therein of the name, address and telephone
number of the publisher or distributor and a postage prepaid card appropriately
addressed for use by the resident to afford notice to the publisher or distributor
of the resident's withdrawal of consent to future distribution.
Consent of the resident may be explicit or may be by acquiescence; however,
acquiescence may not be presumed when the distributed matter accumulates at
a residence.
The provisions of this Article shall not apply to the distribution of:
A.
Advertising matter or samples through the United States
Postal Service.
B.
Advertising matter or samples as part of any newspaper
of general circulation distributed to its subscribers.
C.
Matter of any type by any charitable or nonprofit organization.
D.
Matter exclusively espousing any position with respect
to any cause or causes or any candidate or candidates for any office or position
in any election.
Violation of this Article shall be deemed an offense, and any persons,
partnership, corporation or association found in violation shall be subject
to a fine of up to $250 and/or imprisonment for a period of not more than
15 days for any offense.
