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County Bill Seeks Curb On Unsolicited Circulars

September 06, 2009|By Mary Gail Hare , mary.gail.hare@baltsun.com

Baltimore County Councilman John Olszewski Sr. has added an exemption for free newspapers to his original proposal that bans the delivery of unsolicited advertising circulars to homes throughout the county. The rewritten proposal, which comes before the council Tuesday, also allows those advertising twice a year a waiver from printing a toll-free number on the circular.

The legislation, which would take effect Sept. 29, would also prohibit advertisers from placing fliers on the windshields of vehicles, particularly those in public parking lots.

Olszewski spent a recent Saturday at a cleanup on Back River, an effort that further persuaded him the ban is critical to protecting area waterways from litter. Volunteers collected about 50 tons of trash, including more than 400 tires, from the shore line and shallow waters of the river. Olszewski and others used crab nets to retrieve hundreds of plastic bottles from the water.

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"We have to protect our waterways from this trash," Olszewski said.

The ban does not apply to U.S. Postal Service deliveries or those by private mail services, and also exempts campaign literature. Violators could face a $500 fine for the first offense, with a $1,000 fine for each additional offense.

At the council work session last week, the proposal drew protests from a few business owners, who said they rely on the less costly advertising. One restaurant owner relies on the fliers to alert neighbors to specials. Real estate agents use them to promote sales in the neighborhood. Sandra Brookman, owner of Brookman Motor Works in Timonium, said 60 percent of her business comes from fliers left on car windshields.

"You will be hurting small businesses," she said. "Auto fliers are my most successful means of advertising."

Olszewski would make an exception for fliers printed with a "conspicuous notice" that reads, "If you no longer wish to receive this publication, please call the following toll-free number."

The disclaimer places responsibility for discontinuing the circulars on homeowners who may not want their property peppered with advertisements from local restaurants and businesses, he said.

The county attorney's staff said it believes the proposal could withstand legal challenges. A similar measure, enacted in Baltimore City, has significantly cut down on litter, officials said.

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