[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 2-18-1992 by L.L. No. 2-1992. Amendments noted where applicable.]
The purpose of this chapter is to protect the rights of Village residents who desire not to receive unwanted print or other written materials, whether commercial or noncommercial in nature, including unsolicited newspapers. The right of privacy affords citizens an unquestionable and enforceable right to determine and limit the materials they will allow to be delivered on their private property. A person may not be compelled to listen to or view any unwanted communication, spoken or written, whatever its merit, in the privacy of his home. When a resident affirmatively provides notice that he desires not to receive delivery of unsolicited print or other written materials, to deliver is, in effect, a trespass against the resident.
This chapter is intended to ensure and protect the privacy rights of Village residents on their private property and to deter the accumulation of unsolicited literature that might signal that a house is unoccupied. It is further intended to prevent littering and protect the aesthetic appearance of the Village by reasonable regulation of the time, place and manner of the distribution and delivery of unsolicited print or written materials in the Village.
Chapter 149 of the Old Westbury Village Code is hereby repealed in its entirety.
Editor's Note: Former Ch. 149, Peddling and Soliciting, was adopted 10-15-1979 as L.L. No. 7-1979 and amended 6-16-1980 by L.L. No. 8-1980.
The Village Clerk shall maintain a list of all Village residents, by address, who have filed a written notice with the Village Clerk requesting that all, or certain, unsolicited print or other written materials not be delivered onto their premises.
Written notice shall be effective for a period not to exceed two years. The list shall be revised from time to time as the Clerk is notified by an owner or person in charge of the premises that he wishes to have his property either removed from or placed on the list. Whenever the Village Clerk becomes aware that the ownership or occupancy of any listed premises has changed, the list shall be revised by deleting said address from the list. Nothing in this chapter, however, shall require the Village Clerk to verify the identity of any owner or person in charge of any premises or to verify any change of ownership, occupancy or control. The Village shall not be liable for any errors or omissions on the list.
No person, organization, society, association, company or corporation, or their agents or their representatives, may distribute or deliver any unsolicited print or other written material upon the property of any Village resident without first having registered with the Village Clerk prior to such distribution or delivery. The registration shall be signed and duly acknowledged by a person who is an owner or authorized agent and accepts responsibility for the receipt of the list of residents described in § 153-3 hereof and for the compliance by delivery persons and carriers with the provisions of this chapter.
The registrant shall also provide to the Village Clerk the name of the print or other written material to be distributed, the name, addresses and telephone number of the distributor, a list containing the names and addresses of all carriers and delivery persons who will be distributing or delivering its print or other written material in the Village and a list of the license plate numbers of any motor vehicles used by the carriers and delivery persons in making their deliveries. The authorized agent shall be responsible for updating and keeping these lists current with the Village.
No person, organization, society, association, company or corporation, or their agents or representatives, including but not limited to the authorized agent described in § 153-4 hereof and the actual deliverer or carrier, shall deliver, distribute, throw, cast or place or cause or permit to be delivered, distributed, thrown, cast or placed any unsolicited print or other written material of any nature whatsoever upon the premises of any Village resident who has requested that such print or other written material not be delivered to his premises and whose address has been listed with the Village pursuant to § 153-3 hereof and provided to the registrant in accordance with § 153-4 hereof.
No person shall throw, cast or place in or upon any Village right-of-way, street, avenue or highway any unsolicited print or other written material, including but not limited to newspapers, handbills, circulars, advertising and cards.
Any person, organization, society, association, company or corporation, or their agents or representatives, who or which delivers or distributes any unsolicited print or other written materials shall be responsible to clean up and remove all of its print or other written materials from the Village rights-of-way and any other location set forth in § 153-6.
It shall be unlawful for any person to throw, cast or place upon the doorknob or the door of any residence in the Village any unsolicited print or other written materials whatsoever, including but not limited to handbills, circulars, advertising, newspapers and cards.
Any organization, society, association, company, corporation or individual who or which commits, takes part or assists in any violation of this chapter shall, for each and every violation, for each and every day that such violation continues, be subjected to a fine of not more than $250.