When used in this subchapter:
Advertisement. "Advertisement" shall mean any paper, card, flyer, pamphlet, handbill, circular, or other written material advertising one or more businesses or soliciting business, which does not contain more than a de minimis amount of news, in that it does not contain any editorial content or information other than material concerning (a) the business or businesses, or (b) services or products offered by the business or businesses. If one or more documents are packaged together (for example, using a plastic bag or wrapper, rubber band, clip or similar device), each document shall be analyzed separately to determine whether it constitutes an "advertisement" under this definition.
Commissioner. "Commissioner" shall mean Commissioner of Sanitation or his or her representative.
Multiple dwelling. "Multiple dwelling" shall have the same meaning as defined in section four of the New York state multiple dwelling law, except that it shall not include a "three family dwelling" as defined in this section.
Person. "Person" shall mean any individual, corporation, partnership, association, firm, trust, estate or any other legal entity whatsoever.
Three family dwelling. "Three family dwelling" shall mean a multiple family dwelling that is owner-occupied and is designed for and occupied exclusively by no more than three families. A three family residence that does not satisfy the requirements of this definition shall be considered a "multiple dwelling" for the purposes of this chapter.
Two family dwelling. "Two family dwelling" shall mean a multiple family dwelling that is designed for and occupied exclusively by no more than two families.
Unsolicited advertisement. "Unsolicited advertisement" shall mean an advertisement placed on private property without being subscribed for, ordered by, or otherwise requested by the owner or a resident at the property.
(a) This section shall apply to one, two or three family dwellings. For the purposes of the section "unauthorized placement of an unsolicited advertisement" shall mean placement of one or more unsolicited advertisements on private property where the property-owner has posted, or caused to be posted, in a conspicuous location a sign which is not less than five inches by seven inches in size and which states in legible letters at least one inch in size: "Do Not Place Unsolicited Advertising Materials On This Property".
(b) The department may issue a notice of violation to any person it determines to be responsible for the unauthorized placement of an unsolicited advertisement at a one, two or three family dwelling based upon the submission of a property owner complaint form to the department by the owner of a one, two or three family dwelling. The property owner must complete the complaint form and, as set forth in the complaint form, certify that the information is truthful and accurate, and acknowledge that false statements in the complaint form are punishable under section 210.45 of the New York State Penal Law. The property owner must submit the signed and completed complaint form together with the unsolicited advertisement. If one or more advertisements are bundled and tied together by a rubber band, string, or otherwise, or are bundled and placed inside any outer wrapper, all of the materials must be submitted together with the complaint form.
(c) The owner of a one, two or three family dwelling may obtain a property owner complaint form through the department of sanitation website or by calling the city of New York 3-1-1 action center.
(d) The owner of a one, two or three family dwelling shall mail his or her signed complaint form together with the unsolicited advertisement to: Director of Enforcement c/o Lawn Litter, New York City Department of Sanitation, 1824 Shore Parkway, Brooklyn, New York 11214.
(e) The owner of a one, two or three family dwelling, who has submitted a property owner complaint form resulting in the department's issuance of a notice of violation, may be called upon to appear at an adjudicatory hearing by the environmental control board for the city of New York for the purpose of testifying in such adjudicatory matter. If the environmental control board determines that the appearance of the property owner is necessary, such property owner shall be contacted so that a date and time for the property owner's appearance can be arranged.
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