New York Penal Law 145.30: Unlawfully posting advertisements

Much like the “No Soliciting” sign that hangs from the doors of many homes and businesses in New York City, there are also “Post no bills” signs throughout the city. In short, there are specific areas for advertising and selling and places where these acts are not allowed. This may come as a surprise to some, as anybody who walks down the streets of New York will see examples of advertising on nearly every inch of every block. However, there are strict guidelines in place in the New York legal system to protect some buildings and locations from unwanted ads.

New York penal law 145.30: Unlawfully posting advertisements is one such example. The charge is a violation and not listed as a misdemeanor or felony. The law relates to posting an advertisement on another person’s property without their permission. Even though New York is littered with ads for concerts, films, events, and sales, many of these postings are illegal.

Definition of Advertisement

An advertisement is defined under New York Penal Law 145.30 as a poster, notice, painting, or other affixation calling to a specific event. This item must also benefit a specific vendor or person. Under this statute, it is assumed that the vendor had prior knowledge to the advertisement in question being placed upon the forbidden location. A vendor is an individual who is set to benefit from a specific product, service, or entertainment display, as advertised.

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Legal Scenario: What Would You Do?

Scenario

You run a small music venue in Brooklyn and hired a street team to paste promotional flyers on construction scaffolding, abandoned storefronts, and utility poles throughout Manhattan. You received a summons citing New York Penal Law 145.30 for unlawfully posting advertisements on property without the owner's consent.

Is posting flyers on public structures really a criminal offense, and what kind of penalties am I facing?

Attorney's Answer

Under New York Penal Law 145.30, it is a violation to post, paint, or affix any advertisement or printed material on any building, fence, or other structure without the express permission of the property owner. While classified as a violation rather than a misdemeanor, a conviction can still result in fines and up to 15 days in jail. We can often negotiate these charges down or get them dismissed, especially for first-time offenders, by demonstrating good faith efforts such as removing the posted materials and agreeing not to repeat the conduct. Additionally, if there is any ambiguity about whether the structures were publicly or privately owned, that can serve as a viable defense strategy.

This is general information only. Contact us for advice specific to your situation.

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