The purpose of this local law is to promote
and protect the public health, welfare and safety by regulating the
distribution of commercial and advertising literature, such as handbills,
circulars, cards and other advertising matter, in the village. It
is not the intent of this local law to prohibit the distribution of
such items. Its intent is to regulate the place and manner of the
distribution of such items in a narrowly tailored manner, affording
other reasonable opportunities for the distribution of such items,
in order to serve and advance the significant and legitimate governmental
interests identified herein. Also, this local law is content neutral.
To allow such commercial matter to be thrown into the streets, avenues,
highways, sidewalks or any public places or upon any vehicle thereon
or in the front yards of residences in the village creates an unpleasant
and aesthetically offensive appearance. In addition to littering,
this manner of distribution constitutes a hazard to pedestrians and
traffic, particularly in rain or snowy weather conditions. Regulating
the distribution of such items so as to prevent their being thrown
into these places will protect property values, create a more attractive
economy and business climate, enhance and protect the physical appearance
of the community, preserve the scenic and natural beauty of the village
and provide a more enjoyable and pleasing community and reduce hazards
to pedestrians and to traffic. Furthermore, such regulation would
not interfere unreasonably with the dissemination of this commercial
material by other means, such as by mail or by placing the items on
the doors of the private residences or by leaving them on the porch
steps of private residences, and these other means are sufficient
and adequate for such commercial communication.
It shall be unlawful for any person to throw, cast or place in or upon any street, avenue, highway, sidewalk or public place, or any vehicle thereon, any handbills, circulars, cards or any other advertising or commercial matter whatsoever. For purposes of this local law, a "public place" shall have the same meaning as set forth in §
32-12B of the Village Code.
It shall be unlawful for any person to throw,
cast or place in or upon the front yard, the front walkway (not including
the porch steps) or the driveway of any residence in the village any
handbills, circulars, cards or other advertising or commercial matter
whatsoever.
[Added 6-18-1991 by L.L. No. 6-1991]
A. The village shall maintain a list of the addresses
of village residents who have expressed a desire not to receive any
commercial or advertising matter whatsoever. That list shall be available
from the Village Administrator, upon payment of a fee of $0.25 per
page.
B. It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to distribute, throw, cast or place, or cause or permit to be distributed, thrown, cast or placed, any commercial or advertising material of any nature whatsoever upon the premises of any village resident who has noted objection to such distribution and whose address has been listed with the village, pursuant to Subsection
A of this section.
It shall be unlawful for any person to operate a motor vehicle, motorcycle or bicycle from which that person or any passenger throws, casts or places any handbills, circulars, cards or other advertising or commercial matter whatsoever, in or upon the places prohibited in §§
45-6 and
45-7 of this local law.
Any person violating any provision of this local
law shall be liable for and forfeit and pay a penalty not exceeding
$250.
Should any provision of this local law be judicially
determined to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of this section as a
whole, and the remaining provisions hereof shall continue in full
force and effect.