City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Gasoline sales — See Ch. 142.
Handbills and posters — See Ch. 145.
Zoning — See Ch. 267.
[Adopted 5-13-1959, approved 5-14-1959]
The display of signs, posters and billboards in MacArthur Circle in the City of Mount Vernon after May 25, 1959, is hereby prohibited.
All prior ordinances in conflict with this article are hereby rescinded.
This article shall take effect immediately.
[Adopted 3-10-2006,[2] approved 3-10-2006]
[1]
Editor's Note: See also Ch. 145, Handbills and Posters, and Ch. 267, Art. XIII, Signs.
[2]
Editor's Note: This ordinance was amended 3-22-2006 to change its placement in the Code from § 227-59 to Ch. 221 Art. II.
A. 
It shall be unlawful for any person to paste, post, paint, print, nail or attach or affix by any means whatsoever any handbill, poster, notice, sign, advertisement, sticker or other printed material upon any curb, gutter, flagstone, tree, lamppost, awning post, telegraph pole, telephone pole, public utility pole, public garbage bin, bus shelter, bridge, elevated train structure, highway fence, barrel, box, parking meter, mailbox, traffic control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant, public pay telephone, any personal property maintained on a City street or other City-owned property pursuant to a franchise, concession or revocable consent granted by the City or other such item or structure in any street, or to direct, suffer or permit any servant, agent, employee or other person under his or her control to engage in such activity; provided, however, that this section shall not apply to any handbill, poster, notice, sign, advertisement, sticker or other printed material so posted by or under the direction of the City Council, or by or under the direction of any City department
B. 
There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any handbill, poster, notice, sign, advertisement, sticker or other printed material on any item or structure described in this section in any street violated this section by either pasting, posting, painting, printing, nailing or attaching or affixing by any means whatsoever such handbill, poster, notice, sign, advertisement, sticker or other printed material, or directing, suffering or permitting a servant, agent, employee or other individual under such person's control to engage in such activity.
C. 
There shall be a rebuttable presumption that if a telephone number that appears on any handbill, poster, notice, sign or advertisement placed in violation of Subsection A of this section belongs to a telephone answering service and no other telephone number or address is readily obtainable to locate the person or business advertised therein, such telephone answering service shall be held liable for a violation of Subsection A.
A. 
Any person convicted of a violation of any of the provisions of this article of the Code shall be punished by a fine not to exceed $1,000 in amount or to imprisonment not exceeding 15 days, or both such fine and imprisonment. Every handbill, poster, notice, sign, advertisement, sticker or other printed material shall be deemed a separate violation. Each and every day such violation continues shall be deemed a separate and distinct violation for which a separate fine or penalty shall be imposed. Anyone found to have violated this article, in addition to any penalty imposed, shall also be responsible for the cost of the removal of the authorized postings.
B. 
Anyone found to have violated this article of this chapter by affixing any handbill, poster, notice, sign or advertisement to a tree by means of nailing or piercing the tree by any method shall have an additional penalty imposed equal to the amount of the original penalty.
C. 
Liability and responsibility for any civil penalty imposed pursuant to this article for any violation of this article of the Code shall be joint and severable on the part of any corporation found to be liable and responsible and its officers, principals, and stockholders owning more than 10% of its outstanding voting stock.