Lawn Litter Law

AN ACT to amend the general business law, in relation to advertisements and solicitations on private property in cities with a population of one million or more

Became a law August 15, 2007, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

Section 1. The general business law is amended by adding a new section 397-a to read as follows:

§ 397-a. Advertising or soliciting prohibited; certain cities.

1. In any city with a population of one million or more, no person shall place, or cause or permit to be placed on private property any papers, fliers, pamphlets, handbills, circulars, or other materials advertising a business or soliciting business where the owner has posted a sign stating that the placement of such materials shall be prohibited unless expressly permitted in writing by the owner of such private property; provided, however, that nothing contained in this subdivision shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the United States postal service, or prohibit the distribution of sample copies of newspapers regularly sold by the copy or by annual subscription or sale or coupon newspapers and magazines containing more than a deminimus amount of news that are published at least weekly.

2. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any advertising or soliciting materials described in subdivision one of this section and placed at two or more premises shall be liable for any violations of this section.

3. A civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars shall be imposed for each violation of this section, but in no event shall the total amount of such penalty exceed the sum of five thousand dollars.

§ 2. This act shall take effect on the sixtieth day after it shall have become a law.