Village of Bayville, NY Chapter 54 Printed Material, Unsolicited

[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 12-10-1984 as L.L. No. 2-1984. Amendments noted where applicable.]

§ 54-1 Legislative findings.

Numerous individuals or organizations distribute newspapers, magazines, handbills and other papers by depositing the same on the driveways, sidewalks or lawns of private residences and premises. The indiscriminate distribution of printed matter upon residential property creates a significant risk to the public in that the accumulation thereof is an open invitation to burglary. Said manner of indiscriminate distribution is, in addition, unsightly, contributes to litter, results in the expenditure of public funds in order to eliminate same and constitutes an invasion of privacy of those who do not wish to receive such material. Additionally, the placing of handbills on vehicles on private and public property causes a severe litter problem, is unsanitary and unsightly and results in the expenditure of public funds in order to eliminate same.

§ 54-2 Definitions; word usage.

A. For the purpose of this chapter, the following terms and words shall have the meanings set forth herein:

ADVERTISING MATTER

Any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed matter or literature, other than a newspaper, unsolicited newspaper and campaign material which is not delivered by the United States Postal Service, including but not limited to those which:

(1) Advertise for sale or lease any article, merchandise, product or commodity.

(2) Advertise or promote any trade, profession or service for hire.

(3) Direct attention to or advertise any theatrical performance or exhibit.

(4) Direct attention to any business, mercantile, professional, trade or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales or use thereof.

CAMPAIGN MATERIAL

Any printed matter used to promote the candidacy of any person running for public office or the support or defeat of any proposition, referendum or ballot measure, or support, opposition or opinion of any issue of public interest, including material of a religious nature.

NEWSPAPERS

Any printed matter of general circulation published for the dissemination of news or community information.

PERSON

Any person, firm, partnership, association, corporation, company or entity and any agent, designee, employee or person acting on behalf thereof.

PRIVATE PREMISES

All property which is not a public place including, but not limited to, any land, building or other structure designed or utilized for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structures appurtenant thereto and vacant land.

PUBLIC PLACE

The streets, alleys or other public ways, public parks, public buildings, public grounds, public parking lots.

UNSOLICITED NEWSPAPER

Any newspaper which is not delivered pursuant to subscription agreement.

B. The word "shall" is mandatory and not merely directory.

§ 54-3 Certificate of registration.

A. No person shall distribute or cause to be distributed any advertising matter, unsolicited newspaper or campaign material to private premises in the Village of Bayville without first having obtained a certificate of registration from the Village Clerk.

B. All persons desiring to distribute or cause to be distributed any advertising matter, unsolicited newspaper or campaign material to private premises in the Village of Bayville shall file with the Village Clerk a registration statement on forms provided by the Village Clerk, containing the following information:

(1) The name of the unsolicited newspaper or the general type of material to be distributed.

(2) The owner or publisher of the unsolicited newspaper or of the person or organization, if any, distributing the material.

(3) Whether the person distributing or causing the distribution is a natural person, partnership, corporation or association.

(4) If a natural person, his business or residence address and telephone number.

(5) If a partnership, the principal business address and telephone number of the partnership, together with the local business address and telephone number, if any.

(6) If a corporation, whether it is a domestic or foreign corporation and if foreign, the state of incorporation, the principal office, address and telephone number of the corporation and the address and telephone number of the local office or agent, if any.

(7) The anticipated frequency of distribution of the unsolicited newspaper, advertising matter or campaign material.

C. The Village Clerk shall issue a certificate of registration immediately upon the filing of a completed registration statement. If the registration statement has not been completed, the Village Clerk shall inform the person filing the registration statement of the specific information which is lacking. The Village Clerk shall also provide to the person receiving the certificate of registration and shall mail to the address specified in the registration statement the names and addresses of any persons who have notified the Village Clerk pursuant to § 54-4 herein that they do not wish to receive delivery of unsolicited newspapers, advertising matter or campaign material.

D. The certificate of registration shall be valid for the calendar year for which it was issued. A new registration statement must be filed at such time as there is any change in the information provided in the registration statement prior to a distribution in subsequent calendar years.

§ 54-4 Distribution of unsolicited material.

A. The Village Clerk shall maintain a list of addresses of the owners, occupants, tenants or persons in charge of private premises who have notified the Village Clerk that they do not wish to receive delivery of unsolicited newspapers, advertising matter and campaign material. The Village Clerk shall revise said list when notified that an individual desires to withdraw a prior notification that he refuses to receive delivery of the aforementioned materials. All notifications herein to the Village Clerk must be in writing. Whenever the Village Clerk ascertains that the ownership or tenancy of any premises has changed by virtue of a request for water meter reading or otherwise, for which the owner, tenant or person in charge has filed a refusal of delivery of advertising matter, unsolicited newspaper and campaign material, the Village Clerk shall revise the aforementioned list by deleting said address from the list. The list compiled and the written requests for nondelivery shall be available for inspection pursuant to Article 6 of the Public Officers Law.

B. The Village Clerk shall furnish a copy of the aforementioned list of each person who is issued a certificate of registration and shall mail a copy of said list to the address specified in the registration statement filed pursuant to this chapter. The Village Clerk shall mail a revised list to the address specified in the registration statement on or about the first day of each month if there are any deletions or additions to said list.

C. It shall be unlawful for any person to distribute any unsolicited newspaper, advertising matter or campaign material to any person who has refused delivery thereof pursuant to this chapter after personal delivery of the list containing the addresses of those persons refusing delivery thereof to a person filing a registration statement and from a date fifteen (15) days after a revised list has been mailed to a distributor pursuant to § 54-4B herein.

§ 54-5 Method of delivery; placement on motor vehicles prohibited.

A. All unsolicited newspapers, advertising matter and campaign material which have not been refused pursuant to § 54-4 herein, and all newspapers, shall be distributed to private premises as follows:

(1) To offices, apartments, condominiums, cooperatives and retail stores: placed in the hands of the intended recipient.

(2) To all other private premises: placed in the hands of the intended recipient.

B. No person shall place or cause to be placed any unsolicited newspaper, advertising matter, newspaper or campaign material on any motor vehicle. This subsection does not apply to the issuance of any traffic ticket or other notice permitted or required by law.

§ 54-6 Penalties for offenses.

Any person found guilty of violating any provision of this chapter shall, upon conviction, be punished by a fine not exceeding two hundred fifty dollars ($250.). Each incident and each day for which a violation occurs or continues shall constitute a separate offense.

§ 54-7 Exceptions.

The provisions of this chapter shall not apply to the distribution of mail by the United States Postal Service or to the service of any legal notice or process which is permitted or required by law.