Village of Sagaponack, NY Handbills

Any printed or written matter, any sample or device, 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, real estate, product, commodity, or thing;

Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly prompting the interests thereof by sales; or

Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

NEWSPAPER

Any newspaper of general circulation, 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 issues per year, and sold to the public.

NONCOMMERCIAL HANDBILL

Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill or a newspaper.

PERSON

Any person, firm, partnership, association, corporation, company or organization of any kind.

PRIVATE PREMISES

Any dwelling, house, building, or other structure, designed or used in whole or part for residential purposes, whether inhabited or uninhabited, and shall include any yard, grounds, walk, driveway, driveway apron or entryway, porch, steps, vestibule, mailbox or similar receptacle belonging to, used by or appurtenant to such dwelling, house, building, or other structure.

PUBLIC PLACE

Any and all streets, sidewalks, commercial building entryways, avenues, lanes, alleys, or other public or common ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

§ 98-2 Throwing in public places prohibited.

It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within the municipality; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person willing to accept such handbill.

§ 98-3 Placing in or upon vehicles prohibited.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any commercial or noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

§ 98-4 Distribution on uninhabited/vacant private premises prohibited.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are uninhabited or vacant.

§ 98-5 Distribution where prohibition properly posted.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such commercial or noncommercial handbills left upon such premises.

§ 98-6 Distributing at private premises; exceptions.

No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon private premises except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises, provided that except where anyone upon the premises requests same, a person may place or deposit any such commercial or noncommercial handbill in or upon such private premises, if such handbill is contained in a plastic bag no greater than six inches in width, or if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law or regulations.

The provisions of this chapter shall not apply to the distribution of mail by the United States Post Office or to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.

§ 98-7 Severability.

If any part of this chapter is held invalid by a court of competent jurisdiction, the remainder thereof shall not be affected.

§ 98-8 Effect on existing local laws.

This chapter shall not be deemed to repeal, amend or modify any existing local law under Village Code Chapter 157 or otherwise, either prohibiting, regulating or licensing canvassers, hawkers, peddlers, transient merchants, or any person using the public streets or places for any private business or enterprise, or for commercial sales, not covered herein.

§ 98-9 Penalties for offenses.

Violations of this chapter, upon conviction thereof, shall be punished by a fine or penalty of not more than $1,000 or by imprisonment for not more than 15 days, or both. In addition, the provisions herein may be enforced by any equitable remedy available under state or federal law.