[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 6-25-1984 by L.L. No. 5-1984. Amendments noted where applicable.]
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 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.
A.
The word "shall" is mandatory and not merely directory.
B.
ADVERTISING MATTER
(1)
(2)
(3)
(4)
CAMPAIGN MATERIAL
NEWSPAPER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
UNSOLICITED NEWSPAPER
For the purposes of this chapter, the following terms and words shall
have the meanings set forth herein:
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:
Advertise for sale or lease any article, merchandise, product
or commodity.
Advertise or promote any trade, profession or service for hire.
Direct attention to or to advertise any theatrical performance
or exhibit.
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.
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 the support, opposition or opinion
of any issue of public interest, including material of a religious
nature.
Any printed matter of general circulation published for the
dissemination of news or community information.
Any person, firm, partnership, association, corporation,
company or entity and any agent, designee, employee or person acting
on behalf thereof.
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 structure appurtenant
thereto; and vacant land.
The streets, alleys or other public ways, public parks, public
buildings, public grounds and public parking lots.
Any newspaper which is not delivered pursuant to subscription
agreement.
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 Suffern 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 Suffern 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 of 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, the 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 § 65-4 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 and prior to a distribution in subsequent
calendar years.
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 a 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
to each person who is issued a certificate of registration at the
time said certificate of registration is issued 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 an 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 15 days after a revised list has been mailed to a distributor pursuant to Subsection B herein.
A.
All unsolicited newspapers, advertising matter and campaign material which has not been refused pursuant to § 65-4 herein and all newspapers shall be distributed to private premises as follows:
(2)
To all other private premises:
(a)
Placed in the hands of the intended recipient; or
(b)
Placed on the porch or covered entranceway of a house or building
on said property, provided that it shall be wrapped, bound, lockfolded
or enclosed so as to prevent the same from being blown, scattered
or fragmented by the action of the elements or normal pedestrian access
to the premises; or
(c)
Placed within the outer door to the premises or in the door
jamb or door handle.
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 shall not apply to the issuance of any traffic ticket
or other notice permitted or required by law.
Any person found guilty of violating any provision of this chapter
shall, upon conviction, be punished by a fine not exceeding $50 per
occurrence. Each incident and each day for which a violation occurs
or continues shall constitute a separate offense.
The provisions of this chapter shall not apply to the distribution
or mail by the United States Postal Service or to the service of any
legal notice or process which is permitted or required by law.
