[HISTORY: Adopted by the Borough Council of the Borough of
Greenville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-11-2004 by Ord. No. 1429 (Ch. 13, Part 3, of the
2006 Code of Ordinances)]
A.
PEDDLING
SOLICITING
Definitions. As used in this article, the following terms shall have
the meanings indicated:
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks; or from house to
house; or by visitation to private residences, or by entering in or
upon private property within the Borough.
The seeking or taking of contracts or orders for any goods,
wares, services, or merchandise for future delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks, or from house
to house, or by visitation to private residences, or by entering in
or upon private property, within the Borough, and shall further mean
the seeking or taking of contracts or orders for home or other building
repairs, improvement and alterations and also orders or contracts
for any mechanical, electrical, plumbing or heating device or equipment
for house; or other building improvements or repairs, upon places
referred to above within the Borough.
B.
Exceptions. This article shall not apply to:
[Amended 6-13-2016 by Ord. No. 1560]
(1)
Persons tilling or offering for sale goods or services when at the
time of that sale or offering for sale the person and his employer
hold a valid license from the appropriate agency of the Commonwealth
of Pennsylvania to offer the goods or services for sale to the public.
(2)
Persons, corporations, partnerships and associations, their agents
or employees, who have complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq.
(3)
Persons taking orders for merchandise from dealers or merchants,
for resale to an ultimate consumer.
(4)
All vendors who are selling produce at the farmer's market located
on Penn Avenue between Main Street and Clinton Street at the times
and dates established by the Borough.
No person shall engage in soliciting or peddling in the Borough
without first having taken out a license as provided in this article.
A.
Every person desiring to engage in soliciting or peddling in the
Borough shall first make application to the Police Department for
a license. The application shall be made on a form provided by the
Borough and shall contain the following information:
(1)
Full name of the applicant and local address, if any.
(2)
Permanent address.
(3)
Name of employer or a statement that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise offered for
sale and the manner in which it will be offered.
(5)
A statement as to whether or not the applicant has ever been convicted
of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishment imposed.
(6)
The type of vehicle to be used, if any.
(7)
Three business references who have known the applicant for three
years or more.
B.
Where an individual mails application for himself and one or more
other individuals, all applicable personal information specified above
shall be given for each, individual and verified or affirmed by oath
or affirmation by the individual to be licensed. An individual license
shall be required for each solicitor or peddler. No license under
this article shall be transferable from one individual to another.
C.
No license shall be issued under this article until 72 hours after
application for a license is made to the Borough.
[Amended 6-13-2016 by Ord. No. 1560]
The license fee shall be established by resolution of Borough
Council and may be amended from time to time.
[Amended 6-13-2016 by Ord. No. 1560]
Each license granted under this article shall be valid for 30
days from the date for which the license was issued. Upon the expiration
of any license, if the person holding it desires to continue or renew
soliciting or peddling, he shall be required to file a new application
for a license and pay a new license fee.
The license, when issued, shall state, among other things, the
products to be sold or services to be rendered by the licensee. Every
solicitor or peddler shall at all times, when engaged in soliciting
or peddling in the Borough, carry the license upon his person and
shall exhibit it upon request to all police officers, Borough officials
and citizens. No solicitor or peddler shall engage in selling any
products or services not mentioned on such license.
No person licensed as a solicitor or peddler under this article
shall engage in soliciting or peddling at any time on Sunday or on
any other day of the week before 9:00 a.m. or after 5:00 p.m.
The Police Department shall keep a record of all licenses issued
under this article, and the Chief of Police shall supervise the activities
of all holders of those licenses.
Any license issued under this article may be suspended or revoked
at any time by the Mayor upon proof being furnished to him that the
application for the license contained false information or that the
applicant or licensee was convicted of a crime involving moral turpitude
after the issuance of the license or that the licensee was convicted
of disorderly conduct under any law of the commonwealth or any ordinance
of any municipality in Pennsylvania.
A.
No person licensed as a solicitor or peddler under this article shall
hawk or cry his wares or services upon any of the streets or sidewalks
in the Borough nor shall be use any loud speaker, bell, whistle or
other device for announcing his presence by which the public is annoyed.
B.
The practice of going in and upon private residences in the Borough
by solicitors and peddlers not having been requested or invited to
do so by the owner or occupant of any private residence, for the purpose
of soliciting orders for the sale of goods, wares and merchandise
and/or disposing of and/or peddling or hawking the same is hereby
declared to be a nuisance and a violation of this article.
Any person who violates any provision of this article shall,
for every such violation, upon conviction thereof, be sentenced to
pay a fine of not less than $50 nor more than $600 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days.
