This chapter is intended to regulate peddling and soliciting
activities in the Borough of Downingtown to ensure the public welfare
and to protect against criminal activity, including fraud and burglary;
minimize the unwelcome disturbance of citizens and the disruption
of privacy; and to otherwise preserve the public health, safety and
welfare by regulating, controlling and licensing peddlers and solicitors,
including but not limited to door-to-door peddlers and solicitors
and ice cream or frozen dessert street vendors. This chapter also
provides a means for residents to prohibit door-to-door sales and
solicitations at their homes by properly posting a sign indicating
that solicitors are prohibited. This is important for parents who
may have children at home and who do not want them exploited, annoyed
or alarmed by strangers.
As used in this chapter, the words and phrases herein defined
shall have the following meanings unless the context otherwise requires:
The Borough of Downingtown.
Persons making, by their own hand and labor, novelties, trinkets,
or jewelry such as may be crafted from wood, stone or metal and other
media, or drawings, paintings, and sketches.
The Chief of Police of the Borough of Downingtown, or his/her
designee.
The Code Enforcement Office of the Borough of Downingtown,
or his/her designee.
Any goods, wares, foodstuffs, merchandise or services offered
for sale, whether or not displayed. This does not include frozen dairy
and nondairy desserts offered for sale by ice cream or frozen dessert
street vendors.
A person who travels by any type of vehicle bearing a sticker
containing a Pennsylvania frozen dessert license number, whether motorized
or not, upon the improved portion of any street, selling or offering
for sale any single-serving frozen dairy or nondairy dessert. Frozen
dessert shall have the same meaning set forth in Pennsylvania's
Frozen Dessert Law, 31 P.S. § 417-1 et seq.
Any person who goes upon the premises of any private residence
in the Borough, not having been invited by the occupant thereof, or
any person who goes upon the Borough streets, sidewalks or other public
place, carrying or transporting goods, wares, merchandise or personal
property of any nature and offering the same for sale.
Includes all activities ordinarily performed by a peddler
as indicated under the definition of "peddler" herein.
The actual location of a peddling or soliciting activity,
primarily characterized by physical separation from any other peddling
or soliciting activity.
Any highway, street, park, sidewalk, cemetery, playground,
parking area, school ground, public beach, skating rink, or any privately
owned property that is open to the public or any other place to which
the public or a substantial group of persons has access, including,
but not limited to, transportation facilities, schools, places of
amusement, and hallways, lobbies and other portions of apartment houses
and hotels not constituting rooms or apartments designed for actual
residence and any other public lands or property owned, operated or
controlled by the Borough of Downingtown whether located within or
without said Borough of Downingtown, or any other municipality or
public agency.
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of "solicitor" herein.
Any person who goes upon the premises of any private residence
in the Borough, not having been invited by the occupant thereof, or
any person who goes upon any Borough street, sidewalk or other public
place, for the purpose of offering, taking or attempting to take orders
for the sale of goods, merchandise, wares, or other personal property
of any nature for future delivery, or for services to be performed
in the future, or for the solicitation of support or donations where
said support or donation is unsolicited by the person or entity being
solicited.
A.
It shall be unlawful for any person 18 years of age or older to engage
in peddling or soliciting activities within the Borough without first
obtaining a permit issued by the Code Enforcement Office.
B.
It shall be unlawful for any person to suffer or permit a person
less than 18 years of age to engage in peddling or soliciting activities
within the Borough without first obtaining a permit issued by the
Borough Code Enforcement Department.
C.
This chapter shall not apply to the sales of property to dealers
or wholesalers in the ordinary course of such business, or to drug
retail salespersons calling on physicians, pharmacists, veterinarians
or hospitals, nor shall this chapter apply to peddling and soliciting
conducted by an existing business or enterprise when such activities
are consistent with and in the ordinary course of the primary activities
of the business or enterprise and only when such activities are conducted
immediately adjacent to the primary business location.
D.
This chapter shall not apply to persons soliciting signatures upon
political petitions when conducted pursuant to Pennsylvania Election
Law, except that such solicitors must comply with any signs at a residence
that indicate that such political solicitations are prohibited.
E.
This chapter shall not apply to persons engaged in religious proselytizing,
anonymous political speech or the distribution of handbills, except
that such persons must comply with any signs at a residence that indicate
that solicitations are prohibited.
F.
This chapter shall not apply to persons soliciting information when
such information is pursuant to a legislative mandate such as the
census, dog enumerations, and the like.
G.
This chapter shall not be construed as to require a permit for a
charitable or nonprofit organization when soliciting for fund-raising
activities (i.e., car washes, cookie sales) in public places.
H.
This chapter shall not be construed as to require a permit for farmers
or gardeners selling their own produce.
I.
This chapter shall not apply to persons selling goods, wares and
merchandise if the proceeds of the sale are to be applied to any charitable
or philanthropic purpose.
J.
This chapter shall not apply to manufacturers or producers in the
sale of bread and bakery products, meat and meat products, or milk
and milk products, provided that milk and milk products shall not
include or apply to ice cream or other frozen desserts.
K.
This chapter shall not apply to any insurance company or its agents,
or insurance broker, authorized to transact business under the laws
of the commonwealth.
L.
This chapter shall not be construed as to require a permit for casual
crafters or artists who, themselves or through family members, vend,
sell or dispose of products made by them provided that such products
are not produced by mass production (use of machinery or through the
work of multiple persons).
M.
Any persons, organizations or corporations that have received approval
from Borough Council to conduct a special event within the Borough
shall be responsible for the vendors participating within the boundaries
of that event. Registered vendors will receive permission to operate
their stands for that special event only. No other vendors will be
permitted within the boundary area of such event during the time period
designated for the special event. Existing businesses in the Borough
will be permitted to sell merchandise in the area adjacent to the
business, provided that such business complies with and conducts such
sale in accordance with the vendors' responsibilities and guidelines
applicable to such special event.
N.
A special application may be made by a school, group or organization,
regularly engaged in fund-raising activities throughout the year for
charitable, nonprofit, sports or educational purposes for an annual
permit. Such permit will be without fee.
Every person subject to the provisions of this chapter shall
file, in person, with the Code Enforcement Office an application,
in writing, on a form furnished by that office, at least three business
days in advance of the beginning of soliciting or peddling activities
in the Borough, which shall provide the following information:
A.
Proof of age, address and identification of the applicant, to be
provided through the applicant's driver's license, or other
legally recognized form of identification, along with proof of a clean
criminal background.
B.
A brief description of the business or activity to be conducted as
well as the requested location where it will be conducted.
C.
A listing of all vehicles to be used in the peddling or soliciting
activities.
D.
A food vendor's license issued by Chester County, if applicable.
E.
If employed, the name, address and telephone number of the employer,
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal as the case may be.
F.
A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or local law violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred,
and other pertinent details.
G.
Proof of possession of any license or permit which the applicant
is required to have under federal, state, county or local law in order
to conduct the proposed business.
H.
An acknowledgment that the applicant is aware of and understands
regulations set forth in this chapter and when peddling or soliciting
is prohibited.
A.
Upon receipt of an application, the Code Enforcement Office, or the
Code Enforcement Office's authorized representative, shall review
the application and forward same to the Chief of Police. The application
will be reviewed so as to ensure the protection of the public health,
safety and general welfare of the public. If the application is found
to be satisfactory by the Chief of Police, the Code Enforcement Office
shall issue the permit to the applicant.
B.
A permit issued pursuant to this chapter is not transferable to any
other person or entity. Further, any permit that is specifically issued
to a particular vehicle, pushcart or other unit is not transferable
to any other vehicle, pushcart or other unit.
C.
The Chief of Police or Downingtown Codes Department is hereby authorized,
in the interests of the public welfare, to limit the issuance of the
number of permits for peddling or soliciting in any particular public
place(s) and to designate the specific locations for vendor activity
in any public place(s).
D.
The Chief of Police or Downingtown Codes Department is hereby authorized,
in the interests of the public welfare, to designate the specific
locations for peddling and soliciting by any particular vendor.
Upon review of the application, the Code Enforcement Office
may refuse to issue a permit to the applicant for either of the following
reasons:
A.
If the application is incomplete;
B.
If the information provides a reasonable basis for determining that
the public health, safety, and welfare will be threatened by issuance
of a permit to the applicant;
C.
If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof;
D.
Failure to comply with any law concerning soliciting, peddling or
consumer sales, of the General Business Law of the Commonwealth of
Pennsylvania;
E.
Sale or offering for sale of illegal merchandise; or
F.
Employment of a felon or wanted person.
Any permit issued pursuant to this article shall be for a term
of no less than 30 days and no greater than one year, to be determined
by the Code Enforcement Office.
At the same time the permit is issued, the Code Enforcement
Office shall issue to each permittee a copy of the permit which shall
be carried by the permittee and produced upon demand of any buyer,
prospective buyer, or any police officer, code enforcement officer
or other public servant of the Borough of Downingtown at all times
while the permittee is soliciting or peddling in the Borough.
A.
Any owner or lawful occupant of any residence within the Borough
who wishes to prohibit door-to-door commercial solicitation at his
or her residence may register the address of such residence with the
Borough by completing a form prepared by the Code Enforcement Office,
which form may be submitted to the Borough either in person, by mail,
or on the Borough's website.
B.
As of the date of the registration of a residential address, all
door-to-door commercial solicitation at such address shall be prohibited
until such time, if at all, that the address has been deleted from
the no-solicitation list.
C.
Neither the Borough nor any of its officers, employees, agents or
authorized volunteers shall be liable to any person for any injuries,
damages or liabilities of any kind arising from or relating to any
errors or omissions that may occur in compiling or maintaining the
no-solicitation list.
A.
No person shall engage in either peddling or soliciting between the
hours of 5:00 p.m. and 10:00 a.m.
B.
Persons conducting peddling or soliciting in public places, as defined
in this chapter, may be authorized to conduct such activities within
time periods as determined by the Chief of Police. Such time periods
are to be determined after giving due consideration to the nature
of the peddling or soliciting activity, the location of such activity,
and the effect of such activities on the peace, order and general
welfare of the Borough.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of the residence other than at the
primary entrance to the residence.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of a residence in the Borough where
the owner, occupant, or person legally in charge of the premises has
posted at the primary entrance to the premises, or at the entry to
the principal building on the premises, a sign bearing the words "no
peddlers," "no solicitors," or words of similar import.
A.
It shall be unlawful for any person to engage in peddling or soliciting
in an aggressive manner. As used in this section, "aggressive manner"
means either approaching a person present at the residence or continuing
the peddling or soliciting activity after the person has made a negative
response, whether before or after being invited into the residence,
in a manner that:
(1)
Is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in a person's
possession or in or about the residence; or
(2)
Is intended to or is likely to intimidate the person into responding
affirmatively to the peddling or soliciting activity; or
(3)
To refuse to display a permit to the person being solicited; or
(4)
To refuse to leave premises upon being told to do so by the owner,
tenant, occupant or person in control of the property; or
(5)
In violation of a sign properly posted on said property that prohibits
solicitations.
B.
Aggressive peddling or soliciting is punishable as a summary offense
and upon conviction thereof shall be subject to a fine of at least
$250 and not to exceed $1,000, or imprisonment of not more than 90
days, or both such fine and imprisonment.
It shall be unlawful for any person to engage in peddling or
soliciting activities from any vehicle, pushcart, stand or temporary
stand, device, trailer or other conveyance while upon the improved
portion of any street, avenue or alley within the Borough. This section
shall not apply to the following:
