[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg 5-25-1994 as Ord. No. 2460. Amendments noted where applicable.]
It shall be unlawful for any peddler, canvasser or transient merchant, as defined in § 196-2 of this chapter, to engage in any such business within the Borough of Wilkinsburg without first obtaining a license in compliance with the provisions of this chapter.
When used in this chapter, the following terms shall have the following meanings:
CANVASSER
Includes any person, whether a resident of the Borough of Wilkinsburg or not, who goes from house to house, from place to place or from street to street, soliciting or taking or attempting to take orders from individuals for sale of goods, wares or merchandise, including magazines, books, periodicals or for services to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders.
PEDDLER and TRANSIENT MERCHANT
Includes any person, whether a resident of the Borough of Wilkinsburg or not, who goes from house to house, from place to place or street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering parts to purchasers.
A. 
The terms of this chapter shall not be held to include the act of persons selling personal property at wholesale to dealers in such articles; newsboys; nor to the acts of merchants or their employees in delivering goods from a fixed place of business in the regular course of business; farmers selling their own produce; the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose; any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products; provided, however, that any person in all of the above excepted categories must register with the Police Department and be subject to all other provisions of this chapter, except those pertaining to the payment of license fees; provided further, however, that the term "milk or milk products" should not include or apply to ice cream or other frozen desserts; and provided further, that any peddler dealing in one (1) or more of the excepted categories and selling other goods, wares and merchandise not excepted shall be subject to the license fixed by this chapter for its activities in connection with the sale of goods, wares and merchandise not in any of the excepted categories.
B. 
Nothing in this chapter shall be held to prohibit any sale required by statue or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
Applicants for a license under this chapter must file with the Police Department of the borough a sworn application, in writing, on a form to be furnished by the Police Department, which will give the following information:
A. 
The name and physical description of the applicant.
B. 
The complete permanent home address of the applicant and, in the case of transient merchants, the local address from which the proposed sales will be transacted.
C. 
A brief description of the nature of the business and goods to be sold.
D. 
If employed, the name and address of the employer, together with credentials therefrom, establishing the exact relationship.
E. 
The source of supply of the goods or property to be sold or orders taken for the sale thereof and the proposed method of delivery.
F. 
Two (2) recent photographs of the applicant, which pictures shall be approximately two by two (2 x 2) inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
G. 
A statement as to whether or not the applicant has been convicted of any crime, felony, misdemeanor or any violation of any municipal ordinance, other than traffic violations, and the nature of the offense and punishment or penalty assessed therefor.
H. 
A form of identification for approval by the Police Department, which must be exhibited at all times, pursuant to § 196-10 hereof.
I. 
The length of time to be engaged in this work.
J. 
The make and type of vehicle, if any, to be used and the registration number of the same.
K. 
The driver registration number and certificate of automobile liability coverage.
A. 
Any organization, society, association or corporation desiring to solicit, or have solicited in its name, money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office buildings, by house-to-house canvass or in public places for a charitable, religious, patriotic, philanthropic purpose shall be exempt from the provisions of § 196-7 of this chapter, provided that there is filed a sworn application, in writing, on a form furnished by the Police Department, which will give the following information:
(1) 
The name and purpose of the cause for which the permit is sought.
(2) 
The name and address of the officers and directors of the organization.
(3) 
A period during which solicitation is to be conducted.
(4) 
Whether or not any commission, fees or wages are to be expended in connection with such solicitation and the amount thereof.
B. 
Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the Police Department shall issue a permit without charge.
A. 
Upon receipt of each application, it shall be referred to the Chief of Police or his or her designee, who shall immediately institute such investigation of the applicant's business and reputation of said business and any other information deemed necessary for the protection of the public safety and health.
B. 
If the results of said investigation are found to be satisfactory, the Chief of Police or his or her designee shall endorse on the application his or her approval and return the application to the Police Department, who shall, upon payment of the prescribed license fee to the borough, deliver to the applicant his or her license within seven (7) days after it has been filed by the applicant with the Police Department. In the event that such investigation should indicate that the granting of such permit would or might be injurious to the public interest, safety or health, the Chief of Police shall have the power and authority to refuse to issue a license.
C. 
Such license contains the signature of the issuing officer and shall show the name, address and photograph of said licensee, the class of fee paid, the date of issuance and expiration, as well as the license number and other identifying description of any vehicle used in such licensed business. Each peddler, canvasser or transient merchant must secure an individual license. No license shall be used at any time by any person other than the one to whom it is issued. The Police Department shall keep a permanent record of all licenses issued and those rejected.
No license shall be issued under this chapter until the proper fees have been paid to the borough and a copy of the receipt for same given to the Police Department. Fees shall be charged as set forth from time to time by resolution of the Borough Council and as may be changed, from time to time, by resolution of Council.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: See Ch. A266, Fees.
No licensee, 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 of Wilkinsburg 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, for the purpose of attracting attention to any goods, wares or merchandise for which the licensee proposes to sell.
A. 
No licensee shall have any exclusive right to any location in the public streets, nor shall any licensee be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets or sidewalks. Licensees shall be required to continue to move about or to move to a new location every thirty (30) minutes.
B. 
No licensee or permit holder shall be permitted to solicit on Sundays or legal holidays, nor before 9:00 a.m., nor after 5:00 p.m. prevailing time, on weekdays and Saturdays.
A. 
Licensees are required to exhibit their license and a form of identification approved by the borough at all times while engaging in business activities within the Borough of Wilkinsburg. No license shall be transferable.
B. 
It is declared to be the policy of this borough that the occupants of residences within the borough shall determine whether peddlers, canvassers or transient merchants shall or shall not be invited to their respective residences. Notice of the determination not to invite said solicitors may be given by notice posted on the premises. Such written notice shall constitute sufficient notice to any solicitor of the determination of the occupant.
C. 
Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
D. 
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of this chapter.
Any person, firm or corporation that shall violate any of the provisions of this chapter shall forfeit and pay the Borough of Wilkinsburg for each and every separate offense a sum of not less than one hundred dollars ($100.) or more than six hundred dollars ($600.), to be used for and recovered as other fines and penalties are now by law recoverable and, in default of payment of the fines and costs of prosecution, shall be imprisoned for a period not exceeding thirty (30) days. Each day during which a violation occurs shall constitute a separate offense.