[HISTORY: Adopted by the Board of Trustees of the Village
of West Haverstraw 7-18-2012 by L.L. No. 4-2012. Amendments noted where
applicable.]
GENERAL REFERENCES
Handbills — See Ch. 129.
[Amended 10-7-2015 by L.L. No. 4-2015]
Except as permitted pursuant to § 250-23, or otherwise as approved by the Village Board upon application duly made, no person shall post or display any handbill, placard, notice, sign or advertisement of any kind whatsoever or print, paint, stamp, deface or otherwise mark any words, letters, figures, signs or tokens of any sort or kind for any purpose in, on or upon any flagstone, curbstone, sidewalk, landscaped area, utility pole, tree or fence within the street right-of-way which, for the purposes of this chapter, is presumed to be 10 feet from the edge of pavement as such roads/streets are, or shall be, laid out or upon any Village property within the Village of West Haverstraw.
[Amended 10-7-2015 by L.L. No. 4-2015]
Section 198-1 shall not apply to the posting of public notices by any department or official of the Village, town, county, state or federal government, for or pertaining to a public purpose, notice or event.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$1,000 or by imprisonment for a term not exceeding 15 days or by both
such fine and imprisonment. Each day's continued violation of
any provision of this chapter will constitute a distinct and separate
offense.
Unless provided with proof of private ownership of the area presumed to be in the public right-of-way, as defined in § 198-1 hereof, the Village Building Inspector, Code Enforcement Officer or Commissioner of Public Works, and such other employees of the Village as may be designated by the Mayor are hereby authorized to remove, destroy or discard any material or remove any defacement placed, posted, stamped or marked in violation of § 198-1 in as timely and regular a manner as practicable. The aforesaid persons are further authorized to prepare a bill of costs for said removal for the reimbursement of the costs of removal and disposal by the offending person, organization or corporation. Any lawful means of collection may be employed to recover the actual costs for removal and disposal of such material or defacement.
For the purposes of any prosecution pursuant to § 198-1, it shall be presumed that the vendor or provider of the specified product, service or entertainment contained in the handbill, placard, notice or advertisement is a person who or organization or corporation which placed such handbill, placard, notice or advertisement or caused it to be placed upon the property. In the case of a noncommercial posting the organization supporting the dissemination of the information or the person, corporate or natural, about whom the message was posted shall be presumed to be the organization or person who posted the same for any prosecution pursuant to § 198-1.
If any clause, sentence, paragraph, section or part of this
chapter 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
the controversy in which such judgment shall have been rendered.
This chapter shall become effective upon filing with the Secretary
of State.
