This chapter is adopted to regulate the distribution of certain materials,
peddling, soliciting and related activities within the Borough of Trafford.
The registration of persons engaged in the above mentioned activities is required
so that the identity of persons going door to door or distributing materials
within the borough may be established, so that general regulations may be
more effectively enforced, for the protection and maintenance of the health,
safety and welfare of the inhabitants of the borough and to prevent dishonest
business practices and the dishonest solicitation of funds in the borough.
As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on any street
or public place within the borough any handbill, advertisement, circular,
card, pamphlet or printed material of any kind other than a regularly delivered
newspaper, magazine or periodical.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services and orders
or contracts for services, home improvements or alterations and anything that
may be sold or distributed by peddlers, solicitors or distributors, as defined
herein.
PEDDLER
Any person, whether a resident of the borough or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, carrying or transporting
merchandise for the purpose of selling and delivering the merchandise to customers.
The word peddler shall also include the words "hawker," "huckster" and "transient
merchant."
SOLICITOR
Any person, whether a resident of the borough or not, who goes from
house to house, from place to place or from street to street, traveling by
foot, automotive vehicle or any other type of conveyance, soliciting, taking
or attempting to take orders for the sale of merchandise or services of any
kind for future performance or delivery, whether or not such individual has,
carries or exposes for sale a sample of the merchandise or services and whether
or not he is collecting advance payments on such sales or orders, or who engages
in any of the foregoing activities from a stationary location on any street
or other public place. The word solicitor shall also include the word "canvasser"
or any person who goes from door to door, as described above, for the purpose
of soliciting contributions and/or who collects funds from a stationary location
on any street or other public place.
It shall be unlawful for any peddler, solicitor, distributor or transient
merchant to sell, offer for sale or distribute merchandise, printed material
or services within the borough without first filing any application for registration
and obtaining a registration certificate from the Borough of Trafford.
Upon obtaining a registration certificate as hereinafter provided, a
peddler, solicitor, distributor or transient merchant may conduct his activities
within the borough only as long as he adheres to the regulations set forth
herein and carries the registration certificate upon his person at all times
during the conduct of his activities. The registration certificate shall identify
the person and the type of activity for which he has registered and shall
be shown to any police officer or citizen upon request. All certificates shall
expire on the date shown thereon, but in no case shall any certificate be
issued for a period of time of more than one month.
The following persons or organizations are exempt from the registration
procedure, upon compliance with all other provisions of this chapter and the
submission of applicable identification and documents to support the claim
to exemption:
A. Any charitable or religious society that shall conduct
sales of personal property, when the proceeds thereof shall be applied to
the payment of the expenses thereof and to the charitable or religious object
for which the society exists.
B. Any person selling fruits and farm products grown by
himself, with or without the help of others, or any person delivering bread
and bakery products, meat and meat products or milk and milk products.
C. Any person engaged in the delivery of goods, wares or
merchandise or other articles or things, in the regular course of business,
to the premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
D. Any school, political or civic organization, benevolent
society, service club or organization not for profit whose principal office
is located in the borough.
F. Persons selling personal property at wholesale to dealers
in such articles.
G. Persons conducting a bona fide auction sale pursuant
to law or a sale required by statute or by the order of any court.
This chapter shall not be applied so as to occasion any undue burden
upon interstate commerce with respect to any business or activity referred
to herein. It is the intent of the Borough Council that this chapter be interpreted
so as to achieve the primary purpose of protecting the health, safety and
welfare of the inhabitants of the borough and not as to unduly regulate or
control the proper conduct of any business or commercial activity.
[Amended 5-10-2005 by Ord. No. 702]
Any person, partnership, firm or corporation who or which violates the
provisions of the chapter shall, upon conviction thereof, be sentenced to
pay a fine of not less than $100 nor more than $1,000 for each and every offense,
together with costs of prosecution. Each day in which any such violations
shall continue shall be deemed to be a separate offense.