[HISTORY: Adopted by the Board of Trustees of the Village of Laurel
Hollow 11-18-1991 as LL No. 5-1991. Amendments noted where
applicable.]
The Board of Trustees of the Village of Laurel Hollow recognizes the
constitutional right of any person to disseminate information, including advertising
or commercial matter. At the same time, the Village 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 legislation seeks to promote and preserve
the right of any person to distribute such information and at the same time
to protect the interests of the residents of the Village of Laurel Hollow.
A.Â
It shall be unlawful for any person to throw, cast, place
or distribute or cause or permit to be thrown, cast, placed or distributed
any commercial handbill, circular, card, booklet or other similar commercial
or advertising matter or publication whatsoever upon any places in or upon
any public place or in or upon any part of private property or dwelling or
in any letterbox or receptacle on said premises unless the name and address
of the distributor thereof are clearly and boldly printed thereon and unless
the owners or parties in possession of the properties thereof have not sent
a written request to said name and address printed thereon via the United
States Postal Service, certified mail, return receipt requested, at least
fourteen (14) days prior to such action, asking that said owners or parties
in possession not receive such publications, provided that nothing herein
contained shall be deemed to prohibit the distribution of such matter by the
United States Postal Service or prohibit the distribution of sample copies
of newspapers regularly sold by the copy or by subscription.
B.Â
This section is not intended to prevent the lawful distribution
of anything other than commercial or business matter or material.
A.Â
COMMERCIAL HANDBILL
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
DISTRIBUTOR
HANDBILL DISTRIBUTOR
NEWSPAPER
PERSON
PRIVATE PREMISES
PUBLIC PLACE
As used in this chapter, the following terms shall have
the meanings indicated:
Includes any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter or literature which:
Advertises for sale any merchandise, product, commodity or thing;
Advertises for the employment of any service;
Directors attention to any business or mercantile or commercial establishment
or other activity for the purpose of either directly or indirectly promoting
the interests thereof by sales or employment;
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind for which an admission fee is charged for
the purpose of private gain or profit; but the terms of this subsection shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying the expenses incident to such meeting, theatrical
performance, exhibition or event of any kind when either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this subsection
shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition or event of any kind without a license
where such license is or may be required by any law of the state or under
any ordinance of this municipality; or
While containing reading matter other than advertising matter, is distributed
or circulated for advertisement purposes or for the private benefit and gain
of any person so engaged as advertiser or distributor.
Any person, firm, partnership, association, corporation, company
or organization of any kind which actually delivers or causes the delivery
of any commercial handbill as herein defined.
Includes any person engaging or engaged in the business for hire
or gain of distributing commercial or noncommercial handbills, other than
newspapers distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for the distribution of such handbills.
Includes any newspapers of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service in accordance
with federal statute or regulation and any newspaper filed and recorded with
any recording officer as provided by general law and, in addition thereto,
shall mean and include any periodical or current magazine regularly published
with not less than four (4) issues per year and sold to the public.
Includes any person, firm, partnership, association, corporation,
company or organization of any kind.
Includes any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes, whether
inhabited or temporarily or continuously uninhabited or vacant, and shall
include any yards, grounds, walk, driveway, porch, steps, vestibule or mailbox
belonging or appurtenant to such dwelling, house, building or other structure.
Includes any and all streets, boulevards, avenues, lanes, alleys
or other public ways and any and all public parks, squares, spaces, plazas,
grounds and buildings.
B.Â
Words singular in form may include the plural, and any
words plural in form may include the singular. Words in the masculine gender
shall include the feminine and neuter genders.
Each violation of any of the provisions of this chapter shall constitute
a separate offense hereunder and be punishable by a fine not exceeding two
hundred fifty dollars ($250.) for each offense or by imprisonment for a term
not exceeding fifteen (15) days, or both. Further, the Board of Trustees of
the Village of Laurel Hollow may also enforce obedience to this chapter by
injunction or any other available remedy.