John Deutzman's Blog

The city plays hardball when it comes to those illegal posters and flyers you see around town and for good reason. These things can become a huge eyesore and are a major source of complaints to the NYC Sanitation Department. I have to say, the unit that does this seems to be a dedicated bunch of people who seem to have their act together and feel they are on a mission that ultimately helps clean up the city.

Unfortunately, if you don't know the law you can be whacked big time putting up what seems like innocent ads. Can't say I didn't warn you!

The following is the Department of Sanitation's response to some of the questions I asked:

1) What is your department's position on these illegal handbills and why are they enforced so aggressively?

It is the law, and posters on public property are an eyesore which can become litter after a heavy rain. The Department receives over a thousand complaints every year regarding illegal posters. There are also a number of community groups who take it upon themselves to remove posters as fast as they go up. One large group in Queens calls it "street spam."

Posting: "It is illegal for any person to paste, post, paint, print, nail or attach or affix by any means whatsoever any handbill, poster, notice, sign, advertisement, sticker or other printed material upon any curb, gutter, flagstone, tree, lamppost, awning post, telegraph pole, telephone pole, public utility pole, public garbage bin, bus shelter, bridge, elevated train structure, highway fence, barrel, box, parking meter, mailbox, traffic control device, traffic stanchion, traffic sign (including pole), tree box, tree pit protection device, bench, traffic barrier, hydrant or other similar public item on any street. There is a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any handbill, poster, notice, sign, advertisement, sticker, or other printed material on any item or structure is a violation. Every handbill, poster, notice, sign, advertisement sticker or other printed material shall be deemed a separate violation. Anyone found to have violated this provision, in addition to any penalty imposed, shall also be responsible for the cost of the removal of the unauthorized postings. Fine: $75-$200 1st offense

2) Is it legal to put posters on certain things? It seems many construction sites have them plastered on the plywood.

The Department has no jurisdiction regarding the posting of signs on private property, such as construction sites.

3) As far as the fine goes, what determines the severity of the fine? Right now I am assuming that these guys didn't pay, so the fines max out is that correct?

Fines start at $75 per poster and if in default up to $200 per poster cited. There is a $150 if the poster is on a tree using staples or nails, and the default penalty is $500.

The department issued 46,890 Notices of Violation citywide in Fiscal Year '07 and during Fiscal Year '08, covering a period from July 1st through March 31st, issued 22,940.