Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 23-1979, effective 10-15-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and entertainments — See Ch. 34.
Auctions and auctioneers — See Ch. 40.
Beaches, parks and public areas — See Ch. 43.
Littering — See Ch. 81.
Peddling and soliciting — See Ch. 92.
Signs and illumination — See Ch. 105.
Streets and sidewalks — See Ch. 110.
This chapter shall be known and may be cited as the "Handbill Law of the Incorporated Village of Sea Cliff."
For the purpose of this chapter, the terms used herein are defined as follows:
DISTRIBUTE
To hand out, disseminate or deliver.
HANDBILL
Any printed or written matter, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or thing.
B. 
Directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales.
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind.
D. 
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.
E. 
Attempts to solicit support for or opposition to any candidate for public office, or any political party or independent body.[1]
F. 
Attempts to solicit support for or opposition to any matter of public or private concern.
LEGAL NOTICE
An announcement or proclamation required by law to be publicly disseminated in written form.
NEWSPAPER
Any newspaper of general circulation, any newspaper duly entered with the United States Postal Service in accordance with federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by law, any periodical or current magazine regularly published with not less than four issues per year and sold to the public and any shopping paper which, for the purposes of advertising and public information, is distributed without payment of consideration.
[2]
POST
To tack, nail, paste, paint or otherwise affix a handbill to some object or structure.
[1]
Editor's Note: See Election Law § 2.
[2]
Editor's Note: See General Construction Law § 60; and Education Law § 3228.
A. 
No person shall distribute any handbill, newspaper or merchandise sample by placing, throwing or discarding same upon any public street, park or other public place or in or upon any yard appurtenant to any building located therein or upon any field or other open space within the Village.
B. 
No person shall distribute any handbill, newspaper or merchandise sample by placing same in or upon or by attaching same to any automobile, truck or other motor vehicle, unless such handbill, newspaper or merchandise sample is delivered into the hands of some person therein offering to receive same.
C. 
No person shall distribute any handbill, newspaper or merchandise sample at any dwelling house or other building within the Village unless such handbill, newspaper or merchandise sample is delivered into the hands of some person therein offering to receive same or is placed in any slot or receptacle provided on the premises for the receipt of same, except that mailboxes shall not be so used when prohibited by postal laws or regulations; provided, however, that if distribution cannot be made in either manner indicated in this subsection, such handbill, newspaper or merchandise sample may be distributed by placing and leaving same outside upon the said premises in such manner as to be readily seen and taken up by a person entering such dwelling house or building and in such manner, so far as practicable, as not to be blown into or upon the yard of the said premises or into or upon any public highway.
D. 
No person shall distribute any handbill, newspaper or merchandise sample upon any premises if requested by anyone therein not to do so or if there is placed on said premises in a conspicuous location a sign bearing the words "No Trespassing," "No Peddlers or Solicitors," "No Advertisements" or any similar notice indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed or to have any such handbill, newspaper or merchandise sample left upon such premises.
E. 
No person shall distribute any handbill, newspaper or merchandise sample to the premises of any dwelling house or other building known by the person distributing same to be vacant.
F. 
No person shall distribute any handbill, newspaper or merchandise sample so as to interfere with the free flow of traffic, either pedestrian or vehicular, or so as to cause the formation of crowds which impede the free use of the streets, sidewalks or other public places, or in a manner so as to cause public disorder or breach of the peace or molest or annoy any individual group or gathering.
G. 
No person shall throw, drop or deposit any handbill or any other object out of any aircraft so as to cause the same to fall within the territorial limits of the Village or to be brought therein by the elements.
H. 
No person shall distribute any merchandise sample except between the hours of 9:00 a.m. and 5:00 p.m.
I. 
The provisions of this chapter shall not apply to the distribution of mail by the United States Postal Service.
No person shall post any handbill upon any tree in the Village. Except as provided herein, no person shall post any handbill upon any fence, sidewalk, building, monument, pole or post. Handbills may be affixed upon private buildings or billboards if the consent of the owner shall first have been obtained. Except for posting on trees, this section shall not prohibit the posting of any legal notice; nor the posting of any handbill attempting to solicit support for or opposition to any candidate for public office, or any political party or independent body; nor any handbill attempting to solicit support for or opposition to any matter of public or private concern; nor any handbill advertising the sale of household goods or furnishings by a bona fide householder or any similar event, provided that such handbill is so affixed that it may be readily removed, and provided further that the person posting such handbill shall ensure its prompt removal and proper disposition immediately following the conclusion of the event advertised.
No person shall write, print, paint, stamp or otherwise mark any letters, figures, signs or tokens of any kind whatsoever on any tree, pole, wall, rock, flagstone, curb, sidewalk, street or other place in or upon any public or private property within the Village, except incidental markings on private property or streets for recreational purposes or markings on private property for purposes of identification.