[Adopted 5-13-2008 by L.L. No. 21-2008 (Ch. 204, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that certain individuals
and businesses deliver advertising handbills, circulars, flyers and
other unsolicited print materials in plastic bags onto the streets,
driveways and lawns of our Suffolk County communities.
B.
This Legislature further finds that many Suffolk County residents
complain about the proliferation of unsolicited advertising materials
that are thrown onto their property, usually wrapped in plastic bags.
The circulars and the plastic bags often end up as litter, causing
visual blight and damage to wildlife and the environment.
C.
This Legislature also finds and determines that reasonable restriction,
barring persons from simply throwing print materials onto streets,
driveways and lawns, will help prevent litter, protect the environment
and safeguard wildlife.
D.
Therefore, the purpose of this article is to prohibit persons from
throwing, casting or dropping unsolicited advertising handbills, circulars,
flyers and brochures, wrapped in plastic, onto the streets, lawns
and driveways of Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Any unsolicited handbill, circular, flyer, brochure or other
printed advertising matter in a plastic bag.
Any natural person, corporation, partnership, joint venture,
proprietorship or other entity or business organization of any kind.
It shall be unlawful for any person to throw, cast, drop or
distribute or permit to be thrown, cast, dropped or distributed, any
advertising matter, wrapped in plastic, in or upon any front yard,
courtyard, lawn or driveway of any residential dwelling in Suffolk
County or upon any street in Suffolk County. This prohibition shall
not be construed to regulate the delivery of such matter by the United
States Postal Service or the distribution of newspapers or other noncommercial
matter. Further, nothing contained herein shall be deemed to prohibit
the distribution of advertising matter by hand delivery or by affixing
or placing the advertising matter on or in close proximity to a residential
dwelling in a manner that will prevent the matter from being scattered
or dismantled.
Any person found to be in violation of this article shall be
guilty of a violation and shall be subject to a fine not to exceed
$500 or imprisonment of 15 days, or both, for each offense.
This article will have no effect in any town or village located
within the County of Suffolk which has enacted an ordinance, resolution
or law regulating the distribution of printed advertising matter within
its jurisdiction.
This article shall apply to actions occurring on or after the
effective date of this article.