This chapter is adopted to regulate the distribution of certain
materials, peddling, soliciting and related activities within the
Borough of Middletown. 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 dishonest solicitations 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 materials, 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 he is collecting advance payments on such sales or orders,
or who engages in such activities from a stationary location on any
street or in any 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
an application for registration and obtaining a registration certificate
from the Chief of Police of the Borough of Middletown.
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 his 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 fees to be paid in conjunction with the issuance of a nontransferable
registration certificate pursuant to this chapter, payable to the
Borough of Middletown at the time the application is made, shall be
$20 per day or $100 per year. Such fee is imposed for the purpose
of defraying the costs of administering and enforcing the provisions
of this chapter.
The following persons or organizations are exempt from the payment
of fees upon compliance with all other provisions of this chapter
and submission of applicable identification and documents to support
the claim of exemption:
A. Any charitable or religious society that shall conduct solicitations
or 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 engaged in the delivery of goods, wares or merchandise
or other articles or things, in the regular course of business, to
the premises of the persons who had previously ordered the same or
were entitled to receive the same by reason of a prior agreement.
C. Any school, political or civic organization, benevolent society,
service club or organization, not for profit, whose principal office
is located in the Borough.
D. Any person honorably discharged from the military services of the
United States possessing a peddler's license issued in conformity
with 60 P.S. § 61.
E. 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.
F. Persons conducting a bona fide auction sale pursuant to law or a
sale required by statute or by 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 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 to unduly regulate or control the proper conduct of any business
or commercial property.
[Amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
Any person who shall be convicted of violating or failing to
comply with the provisions of this chapter before any District Justice
shall be punishable by a fine of not more than $1,000, together with
costs of prosecution, and, in default of payment of such fine and
costs, the violator shall be subject to imprisonment in the county
jail for a term not to exceed 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of a violation
may be punished as provided above for each separate offense.