[HISTORY: Adopted by the Borough Council of the Borough of Trafford 10-3-1989
as Ch. 146 of the 1989 Code. Amendments noted where applicable.]
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:
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.
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.
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."
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.
A.
Every applicant for a certificate under this chapter,
other than for the solicitation of contributions, shall file with the Mayor
of the Borough or his designee a sworn written application on a form to be
furnished by the borough, which shall give or be accompanied by the following
information or documents:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address of
the applicant.
(3)
A brief statement of the nature of the activity and a
description of the merchandise or service to be sold or performed.
(4)
If employed, the name and address of the employer, together
with credentials establishing the exact relationship.
(5)
The length of time for which the certificate is desired.
(6)
If a vehicle is to be used, a description of such vehicle
and its license number.
(7)
A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
B.
In the case of solicitation of contributions, one person
shall make application for the organization at least five days prior to the
proposed date the solicitation will begin, which application shall give or
be accompanied by the following:
(1)
The name and local residence of the applicant.
(2)
The name and official address of the organization represented
and the names and addresses of the organization's local officers and
managers.
(3)
The purpose of solicitation.
(4)
The name and address of the person or persons who will
be in direct charge of conducting the solicitation.
(5)
A list of the names and addresses of all sponsors, promoters
and solicitors connected with the solicitation.
(6)
An outline of the methods to be used in conducting the
solicitation.
(7)
The dates when the solicitation is to be made, giving
the commencement and termination date.
(8)
A statement as to whether or not any commission, fee,
wage or other compensation is to be paid in connection with such solicitation
and, if so, details as to the amount to be expended from the funds collected.
A.
Upon receipt of the completed application form and payment
to the Chief of Police of a fee as set forth from time to time by resolution
of the Borough Council, for each registration certificate requested, a registration
certificate shall be issued by the Code Enforcement Officer, or his designee.
The certificate shall give such information as shall be deemed necessary to
adequately identify the registrant and the activity in which he is involved.
The expiration date of the registration certificate shall, in all cases, be
indicated.
B.
In the case of solicitation of contributions, the certificate
shall be issued to the organization, which shall supply each of its agents
or solicitors with credentials, in a form approved by the Mayor of the borough
or his designee, giving the name of the solicitor, the name of the sponsoring
organization, the purpose for which the solicitation is being made, the signature
of the managing officer of the organization, the dates during which the solicitation
is authorized to be made and the number of the registration certificates issued
to the organization by the borough.
C.
Except as provided in Subsection B above, where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately. Upon the expiration of a certificate, a new certificate will be issued upon compliance with all of the provisions of this chapter.
No person shall:
A.
Peddle, solicit or distribute merchandise Monday through
Saturday except between the hours of 9:00 a.m. and 5:00 p.m. during the months
of October, November, December, January, February and March and except between
the hours of 9:00 a.m. and 7:00 p.m. during the months of April, May, June,
July, August and September, unless specifically having been invited into a
house by the occupant or having made an appointment with a person previously.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the borough and having displayed
his certificate or credentials, in the case of the solicitation of funds.
C.
Have exclusive rights to any location in the public streets
or operate in any congested area where his operations might impede or inconvenience
the public.
D.
Enter or attempt to enter the residence of any person
in the borough without an express invitation from the occupant of such residence.
E.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any residence.
F.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or sound-amplifying device upon any of the streets, parks or public places
of the borough or upon private premises where sound of sufficient volume is
emitted or produced therefrom to be capable of being plainly heard upon the
streets, avenues, parks or other public places of the township or upon private
premises for the purpose of attracting attention to any merchandise or services.
G.
Distribute obscene merchandise or printed material or
that which advocates unlawful conduct.
H.
Litter the streets, public places or properties within
the borough with any merchandise or printed material.
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.[1]
[1]
Editor's Note: Former § 146-8B, regarding exemptions
for soldiers, which immediately followed this subsection, was deleted 10-20-1998
by Ord. No. 667.
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.
E.
Newsboys.
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.
