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Q: Affixing political advertisements to mailboxes ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Affixing political advertisements to mailboxes
Category: Relationships and Society > Law
Asked by: bl00d-ga
List Price: $5.00
Posted: 03 Nov 2002 20:28 PST
Expires: 03 Dec 2002 20:28 PST
Question ID: 97810
Is it legal, specifically in Geauga County, Ohio, to affix a political
(or any kind) of advertisement to the outer portion of a mailbox?  I
will describe the situation that triggered this question, hopefully
this will help you find more detailed information:

There is a coalition that has been formed to support an upcoming
police levy in my township.  This coalition has done a number of
things of questionable legality.  Most recently, the affixed
advertisements (similar in size and shape to the "Do Not Disturb"
signs at hotels) to the metal flags (the ones used to indicate
outgoing mail) on the mailboxes of the township's citizens.  It was my
understanding that this sort of behavior is a federal felony, but I am
having difficulty finding specific information to back this up.

Clarification of Question by bl00d-ga on 03 Nov 2002 20:45 PST
Skip the part about specifying the county.  I'm only interested in
federal laws prohibiting this activity.  Please do include the penalty
if the activity is illegal.
Answer  
Subject: Re: Affixing political advertisements to mailboxes
Answered By: nellie_bly-ga on 03 Nov 2002 22:29 PST
Rated:5 out of 5 stars
 
http://pe.usps.gov/cpim/ftp/manuals/dmm/D041.pdf.

Use for Mail
1.3
Except under 2.11, the receptacles described in 1.1 may be used only
for matter
bearing postage. Other than as permitted by 2.10 or 2.11, no part of a
mail
receptacle may be used to deliver any matter not bearing postage,
including items or matter placed upon, supported by, attached to, hung
from, or inserted into a mail receptacle. Any mailable matter not
bearing postage and found as described above is subject to the same
postage as would be paid if it were carried by mail.

And this:
"quote from the USPS' Postal Bulletin (Issue 21861, 2-17-94, p. 37):"

Mailable Matter in or on Private Mail Receptacles Mailable matter not
bearing postage found in or on private mail receptacles represents a
revenue deficiency to the Postal Service and is a violation of federal
law. Title 18 United States Code, section 1725, provides for a fine of
not more than $300 per piece for these violations. All employees must
uniformly enforce the procedures detailed in the Domestic Mail Manual,
section P011.2.0. The failure to enforce these procedures uniformly
may jeopardize the criminal prosecution of repeated violators.
http://www.lplists.com/mail-off.htm

Search strategy: mailbox without postage; USPS Postal Bulletin
mailable matter
bl00d-ga rated this answer:5 out of 5 stars
Thanks

Comments  
Subject: Re: Affixing political advertisements to mailboxes
From: weisstho-ga on 03 Nov 2002 22:34 PST
 
TITLE 18 > PART I > CHAPTER 83 > Sec. 1725. 

Whoever knowingly and willfully deposits any mailable matter such as
statements of accounts, circulars, sale bills, or other like matter,
on which no postage has been paid, in any letter box established,
approved, or accepted by the Postal Service for the receipt or
delivery of mail matter on any mail route with intent to avoid payment
of lawful postage thereon, shall for each such offense be fined under
this title
http://www4.law.cornell.edu/uscode/18/1725.html


D041 Customer Mail Receptacles

Use for Mail
1.3
Except under 2.11, the receptacles described in 1.1 may be used only
for matter
bearing postage. Other than as permitted by 2.10 or 2.11, no part of a
mail
receptacle may be used to deliver any matter not bearing postage,
including items
or matter placed upon, supported by, attached to, hung from, or
inserted into a mail
receptacle. Any mailable matter not bearing postage and found as
described
above is subject to the same postage as would be paid if it were
carried by mail.

http://pe.usps.gov/cpim/ftp/manuals/DMM/D041.pdf

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