[HISTORY: Adopted by the Town of Burlington 6-20-2017. Amendments noted where applicable.]
The Town of Burlington hereby finds and declares that the distribution
of printed matter upon private property is creating widespread litter
and therefore declares that the Town has a compelling need to prohibit
the distribution of printed matter on private premises where the occupant
has expressed his or her unwillingness to receive such printed matter.
Prohibiting distributions of printed matter in defiance of an occupant's
expressed desire not to receive them strikes an appropriate balance
between the rights of distributors to solicit willing listeners and
the rights of occupants to object to receive such matter. The prohibition
against delivering printed matter contrary to the expressed desire
of the occupant will decrease the amount of litter created by such
printed material.
As used in this chapter, the following terms shall have the
meanings indicated:
Any printed or written matter, including handbills and signs,
or otherwise reproduced original or copies of any matter or literature
except a newspaper as defined in this chapter, which advertises for
sale any merchandise, product, commodity or thing, or which directs
attention to any business or commercial establishment or other activity
for the purpose of either directly or indirectly promoting the interest
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 an advertiser
or distributor.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
any newspaper filed and recorded with any recording officer as provided
by general law, or any printed matter of general circulation published
for the dissemination of local, regional, state, national or international
news or information of a general character.
No person shall deposit, distribute, or place any advertising
matter or newspaper, or cause the same to be done, in or upon any
private premises which are unimproved or which are vacant, without
first obtaining the permission of the owner or other person in control
of such premises.
No person shall deposit, distribute, or place any advertising
matter or newspaper, or cause the same to be done, in or upon any
private premises within the Town when the owner or occupant of said
private premises has notified the distributor or disseminator of such
advertising matter or newspaper that he or she does not wish to receive
said advertising matter or newspaper. Said notice shall be:
A.
By written
communication, including but not limited to letter, e-mail, or text
message, to the distributor or disseminator of such advertising matter
or newspaper; or
B.
By placing
on said premises in a conspicuous place near the entrance thereof
a sign bearing the words "No Advertising," or any similar notice indicating
that no such advertising matter or newspaper is to be left upon said
premises.
The provisions of this chapter shall not apply to the distribution
of material through the United States mail, nor to the distribution
of material if such distribution is required by federal, state or
local regulation.
The penalty for a violation of this chapter shall be $100 per
occurrence, enforced through the State of Connecticut Centralized
Infractions Bureau by the issuance of an infraction ticket pursuant
to C.G.S. § 51-164n.
