NY Gen Bus L § 397-A (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 397-A - Distributing Unsolicited Advertising on Private Property Prohibited; Certain Cities.

§  397-a.  Distributing  unsolicited  advertising  on private property   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  unsolicited   papers,   fliers,   pamphlets,   handbills,  circulars,  or  other  materials  advertising  a business or   soliciting business  where  the  owner  has  posted,  in  a  conspicuous   location,  a  sign stating that the placement of such materials shall be   prohibited. In a single family dwelling or a  multiple  family  dwelling   that  is  owner-occupied and is designed for and occupied exclusively by   no more than three families, any owner of such property shall  have  the   authority  to  post  such  a  sign.  In  all other multiple dwellings as   defined in section four of the multiple dwelling law, the property owner   shall only post such a sign if the owner  or  lessee  of  each  separate   dwelling unit within the building or on such property agrees to prohibit   such  solicitations, and any sign posted without the consent of at least   one unit owner or lessee of each such unit  shall  be  invalid.  In  the   event that there are one or more units in which the unit owner or lessee   consents  to  the  prohibition  of  such  unsolicited  advertising,  the   property owner may instead post a sign designating a particular location   or an appropriate receptacle  for  the  placement  of  such  unsolicited   advertising,  and  limiting  the  number  of  such materials that may be   delivered to the property to an amount equal to the number of  units  in   which  a  unit owner or lessee has not consented to the prohibition. Any   such delivery location or receptacle shall be reasonably  accessible  to   such  unit owners or lessees and to the distributors of such unsolicited   materials. When such a sign is posted, a person may only leave an amount   of unsolicited advertising materials that is equal to the number of unit   owners or lessees indicated on the sign, and  such  materials  shall  be   left  in  the location designated on the sign. 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.  To  be valid and enforceable, any sign prohibiting the delivery of   such unsolicited materials shall be at least five inches tall and  seven   inches  wide  in  size  and shall state, in legible letters at least one   inch  in  size,  as  follows:  "Do  Not  Place  Unsolicited  Advertising   Materials  On  This Property." In a multiple dwelling in which some unit   owners or lessees have consented to the prohibition of such  unsolicited   materials,  the  property  owner  may post, in a conspicuous location, a   sign that is at least five inches tall and seven inches wide in size and   written in legible letters at least one inch in  size,  identifying  the   number  of  unit  owners  or  lessees  who  wish  to receive unsolicited   materials and the location where such materials shall be placed.3. There shall be a rebuttable presumption that the person whose name,   telephone number,  or  other  identifying  information  appears  on  any   unsolicited  advertising  materials described in subdivision one of this   section and placed at two or more  premises  shall  be  liable  for  any   violations of this section.4.  The  provisions  of  this  section may be enforced by an agency or   agencies, as designated by the mayor of such city. 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 for the placement of materials on a  single  day.  Each   unauthorized placement of materials at a single location where a sign is    posted  as  described  in  subdivision  one  of  this  section  shall be   considered a separate violation of  this  section.  Notwithstanding  any   other  provision  of law, any notice of violation issued by an agency or   agencies,  as designated by the mayor of such city, charging a violation   of this section shall be returnable to the environmental  control  board   of  such  city, which shall have the power to impose the civil penalties   herein  provided;  provided,  however,  that  service  of  a  notice  of   violation  charging  a  violation  of  this section may be made by (a) a   means prescribed for service of process by article three  of  the  civil   practice law and rules or article three of the business corporation law,   or  (b) by certified mail, return receipt requested, to the respondent's   last known residence or business address, provided that delivery of such   notice shall be restricted to the respondent. Service by certified  mail   shall  be deemed complete upon mailing of the notice of violation unless   the notice of violation is returned to the sender by the  United  States   postal service for any reasons other than refusal of delivery. All civil   penalties  collected  for  any  violations  of  subdivision  one of this   section that have been imposed by the  environmental  control  board  of   such city shall be paid into the general fund of such city.5.  The  agency  or agencies of such city as designated by subdivision   four  of  this  section  shall  be  authorized   to   promulgate   rules   implementing the provisions of this section.