[HISTORY: Adopted by the Town Board of the Town of Haverstraw 5-29-2012 by L.L. No. 2-2012. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 123.
No person shall post, display or carry 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 or on any flagstone, curbstone, sidewalk, landscaped area, utility pole, tree or fence within the public right-of-way which for the purposes of this chapter is presumed to be 20 feet beyond the edge of the paved portion of any limited-access road, within 40 feet of the center line of any major street, within 30 feet of the center line of any secondary street, or within 25 feet of the center line of any collector or local street, and in no case less than 10 feet from the edge of pavement, as such roads/streets are shown on the Official Map of the Town of Haverstraw, or upon any Town-owned property within the unincorporated part of the Town of Haverstraw.
Section 125-1 shall not apply to the posting of public notices by any department or official of the Town, county, state or federal government.
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 provided in § 125-1, the Town of Haverstraw Superintendent of Highways, the Building Inspector, Fire Safety Inspector and Assistant Zoning Inspector and such additional employees of the Town as may be designated thereby are hereby authorized to remove, destroy or discard any material or remove any defacement placed, posted, stamped or marked in violation of § 125-1 in as timely and regular a manner as practicable. The Superintendent of Highways, the Building Inspector, Fire Safety Inspector and Assistant Zoning Inspector 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. Enforcement of any provision of this chapter is to be performed by Town officials with code enforcement authority.
For the purposes of any prosecution pursuant to § 125-1, 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 § 125-1.
If any clause, sentence, paragraph, section or part of this section 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.