S T A T E O F N E W Y O R K
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2183
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
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Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to the regulation of unsolicited circulars
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The administrative code of the city of New York is amended
by adding a new section 10-121.2 to read as follows:
S 10-121.2 REGULATION OF UNSOLICITED CIRCULARS. A. IN THE INTEREST OF
FURTHER ELIMINATING LITTER AND IMPROVING THE QUALITY OF LIFE FOR CITY
RESIDENTS, THE COMMISSIONER SHALL ESTABLISH A CITYWIDE REGISTRY FOR
RESIDENTS WHO WISH TO REFUSE THE DELIVERY OF ANY HANDBILL, CIRCULAR OR
OTHER PRINTED MATTER OF A COMMERCIAL OR BUSINESS NATURE TO THEIR RESI-
DENCE. THE COMMISSIONER SHALL ENTER THE NAME OF THE REQUESTING RESIDENT
IN SUCH REGISTRY. SUCH REQUESTS SHALL BE MADE IN WRITING TO THE COMMIS-
SIONER, BY PHONE AT A DESIGNATED NUMBER OR NUMBERS OR BY ELECTRONIC
COMMUNICATION AT A DESIGNATED ELECTRONIC MAIL ADDRESS OR WEBSITE.
B. IN ORDER TO CONTINUE DISTRIBUTION IN NEW YORK CITY, ALL DISTRIBU-
TORS OF SUCH HANDBILLS, CIRCULARS OR OTHER LIKE PRINTED MATTER SHALL
PROVIDE THE COMMISSIONER WITH ACCURATE CONTACT INFORMATION, INCLUDING AN
ADDRESS AND PHONE NUMBER. FAILURE TO PROVIDE ACCURATE CONTACT INFORMA-
TION OR DISCONTINUE DISTRIBUTION SHALL CONSTITUTE A VIOLATION OF THE
PROVISIONS OF THIS SECTION AND SHALL SUBJECT THE VIOLATOR TO FINES AS
PROVIDED IN SUBDIVISION C OF THIS SECTION. IF THE DISTRIBUTOR IN
VIOLATION CANNOT BE LOCATED, THE COMPANY OR COMPANIES DOING THE ADVER-
TISING WILL BE SUBJECT TO THE SAME FINES. EVERY SIX WEEKS THE COMMIS-
SIONER SHALL PROVIDE DISTRIBUTORS WITH AN UPDATED LIST OF ALL RESIDENTS
WHO DO NOT WANT DISTRIBUTION. DISTRIBUTORS THEN HAVE SIX WEEKS TO
UPDATE THEIR LISTS AND DISCONTINUE DISTRIBUTION.
C. VIOLATORS OF THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS AND NOT MORE THAN TWO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04241-01-1
S. 2183 2
HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION. THE CIVIL PENALTY SHALL BE
NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND NOT MORE THAN FIVE HUNDRED
DOLLARS FOR A SECOND VIOLATION AND EACH VIOLATION THEREAFTER.
D. FOR THE PURPOSES OF THIS SECTION, "COMMISSIONER" SHALL MEAN THE
COMMISSIONER OF THE CITY OF NEW YORK DEPARTMENT OF SANITATION.
E. IF ANY CLAUSE, SENTENCE OR PROVISION OF THIS SECTION SHALL BE HELD
TO BE UNCONSTITUTIONAL BY A COURT OF COMPETENT JURISDICTION, THE REMAIN-
DER OF THIS SECTION SHALL NOT BE AFFECTED THEREBY.
S 2. The commissioner of the sanitation department of the city of New
York shall promulgate rules and regulations necessary to carry out the
provisions of section 10-121.2 of the administrative code of the city of
New York.
S 3. This act shall take effect immediately.