[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 2-3-1997 by Ord. No. 1334 (Ch. 866 of the 1982 Code). Amendments
noted where applicable.]
Council finds that peddling, soliciting, canvassing and distributing,
as defined in this chapter, when conducted at certain hours and when
conducted without adequate protections of the community, infringes
upon the Borough residents' peaceful, private and safe enjoyment
of their property. Council wishes to invoke its general police powers
and the powers granted to the Borough by statute in order to protect
its citizens from crime and undue annoyance by imposing reasonable
restrictions and regulations on such activities.
As used in this chapter, the following terms shall have the
meanings indicated:
To go from house to house, place to place or street to street
soliciting or taking, or attempting to take, orders from individuals
for goods, wares or merchandise, including magazines, books, periodicals
or personal property of any nature, for future delivery, or for services
to be performed at that time or in the future, regardless of whether
such person collects in advance payments for such orders.
A person, whether or not he or she is a resident of the Borough,
who canvasses, as defined in this section.
To go from house to house, place to place or street to street
and distribute, or cause to be distributed, verbal or written information,
whether in the form of a handbill, advertisement, circular, card,
pamphlet or printed material of any kind, other than a regularly distributed
newspaper, magazine or periodical.
A person, whether or not he or she is a resident of the Borough,
who distributes, as defined in this section, and who is not a peddler,
canvasser or solicitor, as defined in this section.
To go from house to house, place to place or street to street
conveying or transporting goods, wares or merchandise, offering or
exposing the same for sale or making sales and delivering articles
to purchasers.
A person, whether or not he or she is a resident of the Borough,
who peddles, as defined in this section. "Peddler" includes those
persons who solicit orders and make deliveries to purchasers as a
separate transaction as part of a scheme or design to evade the provisions
of this definition.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
To seek or request money, donations of money or property
or financial assistance of any kind, or to sell or distribute, or
attempt to sell or distribute, literature, tokens or merchandise for
which a fee is charged or requested from persons other than members
of such organization, upon the streets, in office buildings, by house-to-house
canvass or in public places, for a charitable, religious, political
or philanthropic purpose.
Any person who solicits, as defined in this section.
A.
This chapter shall not be held to include the acts of:
(1)
Persons who sell personal property at wholesale to dealers in such
articles;
(2)
Persons engaged in the delivery of newspapers;
(3)
Merchants or their employees who deliver goods in the regular course
of their business, and who are engaged in such delivery of previously
ordered merchandise;
(4)
Farmers or truck gardeners who vend, sell or dispose of, or offer
to sell, vend or dispose of, the products of the farms or gardens
occupied and cultivated by such farmers or truck gardeners;
(5)
Manufacturers or producers in the sale of bread and bakery products,
meat and meat products, or milk and milk products. As used in this
section, "milk and milk products" does not include ice cream or ice
cream products or other frozen desserts;
(6)
Residents of the Borough selling their own private household goods
and effects, including garage sales, neighborhood sales or similar
casual sales of tangible personal property;
(7)
Persons engaged in the sale of goods, wares, merchandise or services
donated by the owners, the proceeds whereof are to be applied to any
charitable or philanthropic purpose;
(8)
Persons selling goods at bona fide auctions, pursuant to statute,
law or an order of court;
(9)
Organizations or individuals whose efforts are for charitable, religious,
political or philanthropic purposes which directly benefit Green Tree
Borough and/or its residents; and
(10)
Student or parent/faculty organizations of the Keystone Oaks
School District or other schools located within Green Tree Borough.
B.
The exemptions provided in this section apply only to persons otherwise
governed by this chapter to the extent that they are engaged in exempted
activities. To the extent that persons engage in activities not exempted
under this section, the governing provisions of this chapter remain
applicable.
C.
Nothing in this chapter shall be held to prohibit any sale required
by statute or by order of any court or to prevent a person from conducting
a bona fide auction sale pursuant to law.
No peddler or canvasser shall engage in any such business in
the Borough without first obtaining, and having in his or her possession,
a current license therefor in compliance with this chapter. Each peddler
or canvasser shall secure an individual license.
An applicant for a license required pursuant to this chapter
must file with the Police Department a sworn application, in writing,
on a form to be furnished by the Borough, which provides the following
information:
A.
The name of the applicant.
B.
A physical description of the applicant.
D.
A telephone number of the applicant, including a local telephone
number, if any.
E.
Unless the applicant is self-employed, the name and address of the
applicant's employer, together with credentials therefrom establishing
the exact relationship between the applicant and the employer.
F.
The nature of any goods, property or services proposed to be sold
or for which orders will be taken for the sale thereof.
G.
The proposed method of delivery thereof.
H.
The source of supply of any goods or property proposed to be sold
or for which orders will be taken for the sale thereof, and the proposed
method of delivery thereof.
I.
A recent photograph of the applicant, which shall be approximately
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner, or in lieu thereof, a valid
photographic driver's license or current photographic employer's
identification card.
J.
A statement of the length of time for which the right to do business
is desired.
K.
A description of any vehicle to be used in connection with the applicant's
business, including the year, brand, model and license number.
L.
A statement as to whether the applicant has been convicted of a crime,
felony, misdemeanor or violation of a municipal ordinance, other than
a traffic violation, and the nature of the offense and the punishment
or penalty assessed therefor.
C.
No fee provided for in this section shall be so applied as to occasion
an undue burden upon interstate commerce. If a license fee is believed
by a licensee, or by an applicant for a license, to place an undue
burden upon such commerce, he or she may apply to Council for an adjustment
of the fee so that it shall not be discriminatory, unreasonable or
unfair with respect to such commerce.
D.
Council of the Borough of Green Tree may, by resolution, amend the
fees set forth herein to cover the reasonable costs incurred by the
Borough in administering this chapter.
A.
Upon the receipt of each application for a license, the Police Chief
shall immediately institute such investigation of the business responsibility
of the applicant and any affiliated person or business as the Chief
deems necessary for the protection of the public safety.
B.
If, as a result of such investigation, the business responsibility
of the applicant and any affiliated person or business is found to
be satisfactory, the Chief shall endorse upon the application his
or her approval and, upon payment of any fee applicable under this
chapter, shall deliver to the applicant his or her license within
72 hours after the application has been filed. All fees collected
shall be receipted and forwarded to the Borough Manager's office
for recording and depositing into the Borough's account.
C.
Where a license is issued, such license shall contain the signature
of the issuing officer and shall show:
(1)
The name of the licensee;
(2)
The address of the licensee;
(3)
A photograph of the licensee;
(4)
The class of license issued;
(5)
The kinds of goods to be sold;
(6)
The amount of fee paid;
(7)
The date of issuance of the license;
(8)
The date of expiration of the license;
(9)
The license number; and
(10)
An identifying description of any vehicle used.
D.
No license may be used at any time by any person other than the one
to whom it is issued.
E.
The Chief of Police shall keep a permanent record of all applicants
for licenses, including whether said applications were approved or
rejected, and shall issue a monthly report to the Borough Manager's
office of the licenses issued and moneys received.
A.
The following organizations and individuals are exempted from a requirement
to obtain a permit for soliciting and/or distributing:
(1)
Those who own real or personal property in the Borough and whose
soliciting/distributing efforts would accrue to the direct benefit
of the residents of Green Tree Borough;
(2)
Those whose soliciting/distributing efforts are for charitable, religious,
political or philanthropic purposes which directly benefit residents
of Green Tree Borough; and
(3)
Student or parent/faculty organizations of the Keystone Oaks School
District or other schools located within Green Tree Borough.
B.
All other organizations and individuals are required to obtain a
permit for soliciting and distributing.
An applicant for a permit required pursuant to this chapter
must file with the Police Department a sworn application, in writing,
on a form to be furnished by the Borough, which provides the following
information:
A.
The name and purpose of the cause for which a permit is sought;
B.
The name and address, including the local address, if any, of any
organization represented;
C.
A statement of the length of time for which the right to distribute
or solicit is desired; and
D.
Whether any commission, fee or wage shall be expended in connection
with such solicitation, and the amount thereof. Otherwise, permit
fees shall be $25 per day, $100 per week and $200 per month.
A.
Upon the receipt of each application for a permit, the Chief of Police
shall immediately institute such investigation of the applicant and
any affiliated person or organization as the Chief deems necessary
for the protection of the public safety.
B.
If, as a result of such investigation, the applicant is found to
be satisfactory, the Chief shall approve the application and issue
a permit to the applicant within 72 hours after the application has
been filed.
C.
Where a permit is issued, such permit shall contain the signature
of the Chief of Police and shall show:
D.
No permit may be used at any time by any person other than the one
to whom it is issued.
E.
The Chief of Police shall keep a permanent record of all applicants
for permits, including whether said applications were approved or
rejected, and shall issue a monthly report to the Borough Manager's
office of the permits issued.
If, as a result of the investigation provided for in § 235-7 or 235-10, the applicant is determined by the Police Chief to be ineligible for a license or permit, the Chief shall endorse on such application his or her disapproval and the reasons therefor and notify the applicant of the disapproval and the reasons for the denial, that no license or permit will be issued and of the right to appeal the denial of the license or permit to the Borough Council within 14 days. Said notice shall be sent to the applicant at the address listed on the application for the license or permit or, at the option of the applicant, at an address provided by the applicant for this purpose.
Any person aggrieved by the denial of an application for a license or permit shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Council a notice of appeal within 14 days after the notice, as set forth in § 235-11. The Council shall set a time and place for a de novo hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in Section 866.11.
It shall be the duty of the holder of a license or permit to
produce the license or permit upon the request of any citizen or police
officer of the Borough.
A.
No person who has been granted a license or permit pursuant to this chapter shall have an exclusive right to any location on the public streets or sidewalks. Further, no such person shall be permitted a stationary location thereon, nor be permitted or entitled under this chapter to operate from or conduct any of the activities governed by this chapter from a stationary location thereon, nor be permitted to operate in a congested area where such operations impede or inconvenience the public use of such streets or sidewalks. Any application for a permit to operate from a stationary location shall be governed and controlled by Chapter 420, Zoning, of the Code of the Borough.
[Added 3-2-1998 by Ord. No. 1361]
B.
No person who has been granted a license or permit pursuant to this
chapter shall conduct any activity for which the license or permit
is required during the following times:
C.
All times set forth in this section shall refer to prevailing time.
A.
Any resident of the Borough may display a sign reading "No Soliciting,"
"No Peddling," "No Canvassing" or other equivalent language on property
occupied by him or her. The size of such sign shall not exceed eight
inches by 10 inches nominal.
B.
No person engaged in an activity for which a license or permit is
required under this chapter shall approach any home, apartment, residential
dwelling or any other real property which has visibly posted upon
it a sign which states "No Soliciting," "No Peddling," "No Canvassing"
or other equivalent language.
No person who has been granted a license required by this chapter,
nor any person in his or her behalf, shall shout, cry out, blow a
horn, ring a bell or use any sound or amplifying device
upon any of the streets, alleys, parks or other 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, alleys, parks or other public places of
the Borough for the purpose of attracting attention to goods, wares
or merchandise which such licensee proposes to sell.
