Borough of Indiana, PA
Indiana County
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[HISTORY: Adopted by the Borough Council of the Borough of Indiana as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 249.
Noise — See Ch. 275.
Zoning — See Ch. 460.
[Adopted 12-11-2012 by Ord. No. 2012-07[1]
[1]:
Editor’s Note: This ordinance also repealed former Art. I, Transient Retail Businesses, adopted 6-8-1971 by Ord. No. 1029; amended in its entirety 12-2-2008 by Ord. No. 2008-010 (Ch. XIII, Part 3, Secs. 41 to 53, of the 1971 Code of Ordinances).

§ 301-1 Definitions

As used in this article, the following terms shall have the meanings indicated:
LICENSEE
Any person who has been issued a transient retail business license.
PERSON
When used as being a transient retail dealer, a person, corporation, partnership or any other form of organization.
TRANSIENT RETAIL BUSINESS
The engaging, on a temporary basis, in the purchase, sale, or bartering of personal property or services from a fixed location within the municipality, whether such personal property or services are offered in a special going-out of-business sale, involves the offering for sale of personal property or services brought into the location specifically for the purposes of sales to the public, or the purchase of personal property for resale. A retail business shall be considered transient when such business is not located within the municipality with the intent to remain in business indefinitely.
TRANSIENT RETAIL DEALER
Any person who shall engage in a transient retail business as defined above, also referred to as a "vendor."

§ 301-2 Restrictions.

A. 
Transient retail businesses are licensed to operate within the Borough on private property with the consent of the property owner and under the provisions set forth in code and zoning regulations.
B. 
It is determined that public ways, including sidewalks, streets, parking spaces and lots, are reserved for the purposes of convenient, safe, and efficient pedestrian and vehicle conveyance, travel and parking. Therefore, the use of public ways for other purposes, including transient retail businesses, is limited to the provisions herein:
(1) 
Under the provisions set forth in this chapter, Article II, § 301-9B which licenses permanent businesses to conduct business in front of a business owned by them.
(2) 
During special events in which a vendor, dealer, etc. has been included in the special event application by the event sponsor and approved under the provisions of Indiana Borough special event regulations.
(3) 
Farmers markets sponsored by Downtown Indiana, Inc., at places preapproved by the Borough of Indiana.
(4) 
Upon submission and approval of application for one of the specified places enumerated within this regulation.
C. 
Transient retail businesses shall not be licensed to conduct activities in residential areas or any public parking lot. Transient retail business activity may be conducted on sidewalks and parking spaces only at the following designated places:
(1) 
Sidewalk vending.
Philadelphia and North 5th Street, up to 100 feet west of North 5th Street
Philadelphia and North 6th Street, up to 100 feet west of North 6th Street
Philadelphia and North 8th Street to 500 feet east of North 9th Street
Philadelphia and South 8th Street 200 feet west of South 8th Street
South 9th Street on east side at Philadelphia Street
Philadelphia and South 10th Street, southeast corner
Philadelphia and North 11th Street, north/west corner
North 5th Street, west side between Philadelphia and Nixon Avenue
North 6th Street, west side between Philadelphia and Nixon Avenue
South 6th Street, west side between Philadelphia and Gompers Avenue
North 7th Street between Philadelphia and Nixon, upon completion of the "people place"
South 7th Street, east side between Gompers Avenue and Church Street
South 10th Street and School Street, west side up to 100 feet south of School Street
Oakland Avenue, south side at 11th Street
Oakland Avenue southeast corner at 13th Street
Oakland Avenue southeast corner at Paper Mill
Oakland Avenue and South 13th Street and Maple Avenue, southwest side
(2) 
Parking space vending.
700 block Locust Street
800 block School Street
1000 block Washington Street
D. 
Transient retail businesses operating under the provisions of § 301-2B(3) are limited to operating Monday through Saturday 9:00 a.m. to 9:00 p.m.
E. 
Only one vendor is licensed to operate at any one of the designated places at any given time. The desired location shall be specified in the application, and locations will be approved in the order applications are submitted and processed. A delay in processing due to inaccurate information or inability to verify information does not reserve priority for a location by virtue of the date of submission.
F. 
Vending carts authorized for use on sidewalks at an enumerated place shall be of a size that will allow for a remaining four feet of unobstructed walking space. Vending carts are subject to inspection by the Code Department.
G. 
Trailers or vehicles authorized for use at a designated parking space shall be no larger than can be legally parked within two parking spaces. All trailers or vehicles used in this manner shall have a current registration and inspection. The vending side of the vehicle shall be on the curb side of the parking space.
H. 
Additional signage or other devices are not licensed to be displayed on sidewalks or other public ways.

§ 301-3 License required.

Every person, prior to beginning activity as a transient retail dealer within the municipality, shall obtain a license as hereinafter provided:
A. 
Application. Application for a transient retail dealer's license shall be made on a form provided by the municipality. The application shall be completed in its entirety and signed by the applicant and shall be submitted to the Manager.
B. 
Application process.
(1) 
Upon receipt of an application the information shall be reviewed by the Police and Code departments who shall, prior to approval of the application, submit information to the Manager pertaining to their findings regarding the business.
(2) 
Within two weeks of submission of the application, the Manager shall approve or deny the request and inform the applicant in writing accordingly, including assessing the applicable fee.
(3) 
Upon approval and collection of the applicable fee, the Manager shall issue a license to the transient retail dealer, which shall clearly indicate the location and the expiration date.
C. 
The issued license shall be displayed by the transient retail dealer at all times while conducting activities.

§ 301-4 Fees.

The applicable fees payable to the municipality upon approval of the application shall be provided for in the then-current Indiana Borough fee schedule which is approved by Council. Metered parking spaces are subject to current meter bag rental fees in addition to other applicable fees in this article.

§ 301-5 Taxes.

It shall be the responsibility of every transient retail dealer to pay to the Indiana Borough Earned Income Tax Collector the proper income taxes for himself or any employee on income earned as a result of such activities.

§ 301-6 Suspension or revocation of licenses.

The Manager or his/her designee is hereby authorized to revoke or to suspend any license issued under this article under the following circumstances:
A. 
If the licensee or others named in the license are convicted of a felony or misdemeanor during the approved operating period, or if the licensee or others named in the license are arrested (including summary offenses) while conducting activities.
B. 
If the Manager or the Manager's designee determines the status of the business as represented in the application has changed.
C. 
If it is determined the licensee has given false information on the application.
D. 
If unsafe or harmful goods are being sold to the public or if the business operation creates a safety concern for members of the public.

§ 301-7 Violations and penalties.

Any person convicted of a violation of this article shall, upon conviction thereof, before a Magisterial District Justice, be fined the sum of not more than $600, together with costs of prosecution, and in default of payment of the same shall be sentenced to imprisonment for not more than 30 days in the Indiana County Jail. Each day the violation continues shall constitute a separate offense.

§ 301-8 (Reserved)

[Adopted 12-21-1993 by Ord. No. 1605]

§ 301-9 Registration required; permission to sell.

A. 
No person, association, partnership, firm or corporation shall, either directly or indirectly, sell goods, wares, merchandise, magazines, periodicals, books or other personal property by canvassing or soliciting, or solicit or canvass for contribution, in the Borough of Indiana without first having registered with the Police Department and obtained an identification card from the Borough.
B. 
No person, association, partnership, firm or corporation shall directly or indirectly sell goods, wares, merchandise, magazines, periodicals or other personal property on a public way, except:
[Amended 12-11-2012 by Ord. No. 2012-07]
(1) 
In front of a business owned by them selling similar merchandise in the Borough;
(2) 
Under the provisions set forth in Article I pertaining to transient retail dealers.

§ 301-10 Application requirements; identification card.

A. 
Any person desiring to engage in canvassing and soliciting shall submit a written application to the Police Department on a form to be furnished by the Borough, accompanied by two photographs (two inches by three inches minimum) of himself, taken within six months prior to the date of the application.
B. 
The applicant shall state in such written application his name, age, sex, home address, business address, name and address of employer, if any, what he desires to canvass and solicit for, the length of time he wishes to engage in this work, the make and type of vehicle, if any, he will use, its registration number, the driver registration number, certificate of automobile liability coverage and whether he has ever been convicted of a felony, misdemeanor, or a crime of any kind.
C. 
In addition thereto, the application shall contain the signature of the employer as well as of the applicant and shall contain therein the stipulation and agreement on the part of the employer, in consideration of the issuance of such license or permit, to become liable for any and all acts of such solicitor while within the Borough of Indiana, in violation of law or otherwise. Such employer liability shall be construed to have no application to bona fide charitable organizations.
D. 
An identification card will not be issued to any person who has been convicted of felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in canvassing and soliciting in the Borough of Indiana.
E. 
An identification card will be valid for the period specified and for which the fee has been paid, based on a weekly, monthly, or annual term for which it is issued. Such card may not be transferred from one person to another and shall be considered a personal license.
[Amended 12-11-2012 by Ord. No. 2012-07]

§ 301-11 Investigation; issuance of identification card.

[Amended 12-11-2012 by Ord. No. 2012-07]
Promptly upon receiving any application for a license to canvass or solicit within the Borough of Indiana, the Chief of Police shall initiate a cursory investigation of such application and applicant. In the event that such investigation should indicate that the granting of such license would or might be injurious to the public interests, or to the public health, safety or morals, the Chief of Police shall have, and is hereby given, the power and authority to refuse to issue such license. In any instance where the Chief of Police should deem it necessary or advisable to secure and check the fingerprints of any such applicant, refusal of such applicant to voluntarily furnish such fingerprints shall constitute, in and of itself, sufficient and valid ground for refusal to issue such license. The Chief of Police will issue to the applicant an identification card (to which one of the applicant's photographs will be affixed) within 10 days from the date of filing of the application, unless an extended investigation is necessary to clarify or verify information received.

§ 301-12 Standards of conduct.

Every person to whom an identification card has been issued shall in the conduct of his activity comply with the following standards of conduct.
A. 
He shall carry his identification card at all times and exhibit it upon request to any police officer, ordinance officer of the Borough or to any other person whom he shall call or with whom he shall talk.
B. 
He shall not permit any person to have possession of his identification card and shall immediately report its loss to the Borough Police Department. He shall not cause or permit his identification card to be altered or defaced in any way.
C. 
He shall not enter or attempt to enter any dwelling without the invitation or permission of the occupant and shall immediately leave any premises upon request of the occupant.
D. 
He shall engage in canvassing and soliciting between the hours of 9:00 a.m. and 9:00 p.m. Monday through Saturday. Such activities shall be unlawful on Sunday, legal holidays, or at times other than as designated Monday through Saturday.
[Amended 12-11-2012 by Ord. No. 2012-07]
E. 
He shall not be guilty of any false pretense or misrepresentation and, particularly, he shall not represent his identification to be an endorsement of himself or his goods or services or of the goods or services of his employer.
F. 
He shall not engage in any breach of the peace or in violation of laws of the commonwealth or ordinances of the Borough of Indiana during the course of activities.
[Added 12-11-2012 by Ord. No. 2012-07[1]]
[1]:
Editor's Note: This ordinance also redesignated former Subsection F as Subsection G.
G. 
He shall immediately surrender his identification card to the Borough of Indiana Chief of Police upon revocation thereof.

§ 301-13 Revocation of identification card.

Any identification card may be revoked by the Chief of Police if the holder fails to comply with the standards of conduct contained in § 301-12 hereof, or any of them, or ascertainment by the Chief of Police that the holder has made a false statement in his application.

§ 301-14 Applicability.

A. 
This article shall not apply to boys or girls under the age of 16 years, who take orders for and deliver newspapers, greeting cards, candy, and the like, or who represent the Boy Scouts and Girl Scouts or similar organizations and take orders for and deliver cookies and the like.
B. 
Any person who works for an organization which has been registered with the Pennsylvania Department of State, as required by Act. No. 337, approved August 9, 1963,[1] known as the "Solicitation of Funds for Charitable Purposes Act," shall not have to register with the Borough of Indiana, but such organization shall cause notice to be given to the Chief of Police that such person will be canvassing and soliciting in the Borough of Indiana; any such person shall carry an appropriate identification card issued by the organization for which he works.
[Amended 4-6-2010 by Ord. No. 2010-02]
[1]:
Editor's Note: See 10 P.S. §  162.1 et seq.
C. 
Any person soliciting funds for a charitable cause which is not within the purview of the Solicitation of Funds for Charitable Purposes Act and not registered thereunder shall be required to file an application as required under this article, except that the Chief of Police may, at his option, waive the requirements for the submission of photographs of the applicant. Further, recognizing that no profit is derived by any individual from such activity, no fee shall be charged for the issuance of a license to solicit for bona fide charitable contributions.
[Amended 4-6-2010 by Ord. No. 2010-02]
D. 
Canvassing for religious or political activities does not require a license, unless such activity involves solicitation of funds and the person or organization is not registered as a nonprofit organization.
[Added 12-11-2012 by Ord. No. 2012-07]

§ 301-15 Fees.

[Amennded 4-6-2010 by Ord. No. 2010-02; 12-11-2012 by Ord. No. 2012-07]
A. 
Every person engaged in canvassing and soliciting in the Borough of Indiana and not exempt from the requirements of this article shall pay registration and motor vehicle registration fee as provided in the then-current Indiana Borough fee schedule.
B. 
Every person engaged in the canvassing or soliciting in the Borough of Indiana who utilizes a movable cart, trailer, or similar equipment to sell goods, wares, or merchandise within Indiana Borough shall be charged a fee as set from time to time by resolution of the Borough Council.

§ 301-16 Violations and penalties.

[Amended 4-6-2010 by Ord. No. 2010-02]
Any person convicted of a violation of this article shall, upon conviction thereof before a Magisterial District Justice, be fined the sum of not more than $600, together with costs of prosecution and, in default of payment of the same, shall be sentenced to imprisonment for not more than 30 days in the Indiana County Jail. Each day the violation continues shall constitute a separate offense.