The Town Board of the Town of North Hempstead recognizes the constitutional
right of any person to disseminate information, including advertising or commercial
matter. At the same time, the Town Board must address the concerns of private
property owners that distribution of commercial handbills on private property
may be injurious to public health, safety and welfare and may constitute a
nuisance. The accumulation of unsolicited commercial handbills on private
property can be regulated as a matter of public health and safety. The proliferation
of such handbills indicates that a dwelling is unoccupied, thereby making
it a potential target for vandalism, burglary or other violations and crimes.
This provision seeks to promote and preserve the right of any person to distribute
such information and at the same time protect the interests of the residents
of the Town of North Hempstead.
If any clause, sentence, paragraph, section or part of this local law
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof but
shall be confined in its operation to the clause, sentence, paragraph, section
or part thereof directly involved in said judgment.
Any person violating any of the provisions of this local law shall be
deemed guilty of an offense against this local law and, upon conviction thereof,
shall be fined in an amount not exceeding five hundred dollars ($500.). Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
This local law shall take effect immediately upon filing with the Secretary
of State.