As used in this chapter, the following terms shall have the meanings
indicated:
DISTRIBUTOR
A person who goes from house to house on public thoroughfares or
in public places disposing of circulars, posters, pamphlets and the other
forms of advertising matter.
PEDDLER
A person commonly referred to either as a "peddler" or a "hawker,"
who goes from place to place by traveling on the streets or from house to
house and carries with him goods, wares and merchandise for the purpose of
selling and delivering to consumers.
SOLICITOR or CANVASSER
Any person who goes from house to house selling or buying goods,
wares or merchandise by sample or taking orders for future delivery or selling
a service to be rendered in the future, with or without accepting advance
payment for the goods, wares, merchandise or service, and regardless of whether
the solicitation is made by mail, telephone or personal contact. The provisions
of this chapter shall apply to the person who comes in personal contact with
the buyer through the delivery of goods or the acceptance of any money payment.
A "canvasser" or "solicitor" shall also mean anyone who makes surveys, research
analysis, opinion polls, rating data or similar work which, by its nature,
involves a door-to-door activity.
This chapter is not designed to prevent or restrain trade, but is enacted
for the purpose of protecting the general public and residents of the Borough
from unethical, illegal and detrimental acts contrary to the general welfare
of the residents.
No person shall canvass, solicit or distribute circulars or other matter
or call from house to house in the Borough without first having obtained a
written license from the Borough Clerk or Chief of Police.
[Amended 6-23-1993 by Ord. No. 93-18]
There shall be an application fee of $50. There shall be a license fee
of $10 per month, or any part of a month, or $100 per year.
Every person to whom a license is issued under the terms of this chapter
shall be governed by the following rules and regulations:
A. Circulars, samples or other matter shall be handed to
an occupant of the property or left in a secure place on the premises so that
they will not be scattered or littered about the premises by elements of nature.
B. No persons subject to the provisions of this chapter
shall canvass, solicit or distribute circulars or engage in the activity of
calling from house to house except during the daylight hours and not before
8:00 a.m. or after 8:00 p.m.
C. No licensee shall canvass or solicit orders from pedestrians
or vehicular traffic other than when his vehicle is properly parked immediately
adjacent to the curb of a public street in a permitted parking area. The licensee
shall not double-park when dealing with any of his trade, and under no circumstances
shall the licensee transact any business other than on the curbside of his
vehicle.
D. All licensees and their respective vehicles shall at
all times comply with all terms and conditions of this chapter and all other
applicable Borough ordinances and all applicable state statutes, laws and
regulations pertaining thereto, including those that deal with health, safety
and general welfare.
E. No licensee shall shout, cry out, blow a horn, ring a
bell or use any sound-making or -amplifying device upon any street, sidewalk
or other public place for the purpose of attracting attention to any goods,
wares, merchandise or service which he proposes to furnish.
F. No person shall conduct himself in such a manner as to
be objectionable to or annoy the occupant of any house. Furthermore, no person
shall attempt to enter the house of any resident in the Borough without an
expressed invitation from the occupant to do so. All licensees, upon request
of the occupant, shall leave the premises in a quiet and orderly manner. Failure
to comply shall warrant immediate suspension of license privileges, in addition
to such other action as may be appropriate.
No licensee shall have the exclusive right to any location on any public
street, nor shall be be permitted a stationary location or operate in a congested
area where the operation might impede or inconvenience the public use of streets,
public grounds, parks and playgrounds. The judgment of a police officer exercised
in good faith shall be deemed conclusive as to whether the area is congested
and the public impeded or inconvenienced.
Upon issuance of the license, the applicant shall be furnished with
a badge suitable for display upon his person which shall bear the license
number and expiration date of the license. Licensees operating within a vehicle
shall display a valid license in a conspicuous manner so that it is readily
identifiable by all persons doing business with the licensees. A fee of $1
shall be charged for the badge, which shall be refunded when the licensee
returns the badge to the Chief of Police.
[Amended 5-18-1982 by Ord. No. 82-2]
The Chief of Police or officer in charge of the Police Department shall
maintain a record for each license issued and record any violations reported.
All licenses issued under this chapter shall expire at 12:00 midnight,
December 31, in the year issued. Other licenses shall expire at 12:00 midnight
on the dates specified in the licenses. No license shall be transferable.
The penalty for violation of any provision of this chapter shall be as set forth in Chapter
1, Article
I, General Penalty.