[HISTORY: Adopted by the Borough Council
of the Borough of Denver 10-30-1989 by Ord. No. 440 (Ch. 13, Part 1 of the
1996 Code). Amendments noted where applicable.]
[Amended 4-8-1996 by Ord. No. 475]
It shall be unlawful for any individual to solicit
funds, peddle, canvass or take orders either by sample or otherwise,
for any goods, wares or merchandise, upon any street, alley, sidewalk
or public place, or from house to house in Denver Borough without
first obtaining a license as provided herein, except that no license
shall be required from the following:
A.
Farmers selling their own products;
B.
Persons soliciting funds or selling goods, wares or
merchandise donated by the owner thereof, where funds or the proceeds
of sale are to be applied exclusively for a charitable or philanthropic
purpose;
C.
Representatives and members of Boy Scouts of America,
Girl Scouts of America, Lions, Rotary, Kiwanis, American Association
of Retired Persons, Disabled American Veterans, YWCA and YMCA, YWHA
and YMHA, Red Cross, Salvation Army and other national and international
service organizations and associations existing for the benefit of
young, aged, handicapped or stricken persons and soliciting or selling
for the purpose of self-perpetuation and which may be registered as
charitable organizations with the state or federal government;
D.
Manufacturers or producers of bread and baking products,
meat and meat products, or milk and milk products, who sell their
own products;
E.
Insurance and real estate agents and brokers licensed
by the Commonwealth of Pennsylvania;
F.
School children selling goods, wares or merchandise
where the funds or proceeds of sale are to be applied exclusively
for a function or organization sponsored or approved by the school
which such children attend;
G.
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
A.
Every individual desiring to engage in those acts prohibited without a license in § 137-1 of this chapter and not exempted thereby must obtain a license from the Mayor or, in his absence, the Chief of Police.
B.
To obtain a license, individuals must complete a written
application which shall contain such information as is reasonably
required by the Borough, and shall permit the Police Department to
photograph the individual for the purpose of identification.
[Amended 4-8-1996 by Ord. No. 475]
C.
Following the completion of such application the Police
Department shall have 72 hours to investigate the applicant and to
grant or deny the license.
[Amended 4-8-1996 by Ord. No. 475]
D.
The Mayor or, in his absence, the Chief of Police,
or authorized deputy may refuse to issue a license in cases where
investigation shall disclose a criminal record or any false or misleading
statement on the application. The appeal on refusal to issue a license
shall be made within 10 days to the Borough Council by filing written
notice of appeal with the Secretary of the Borough. The Borough Council
shall thereafter hold a hearing and render a decision on the refusal
to issue a license pursuant to the provisions of the Local Agency
Law, 2 Pa.C.S.A. § 551 et seq.
[Amended 4-8-1996 by Ord. No. 475]
E.
The Mayor, Chief of Police or authorized deputy is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be in the interest of the public health, safety or morals, or for the violation of any of the provisions of this chapter, or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection D of this section.
F.
The license shall be dated and signed by the Mayor,
Chief of Police or authorized deputy and shall be valid for the period
of time desired by the applicant, not to exceed 30 days. The license
shall be in the individual's possession while engaged in solicitation
and shall be exhibited upon request to all police officers, Borough
officials and residents of Denver Borough.
G.
No license issued under this chapter shall be transferable
from one person to another.
A separate application shall be filed by each
person who shall actually conduct the soliciting or peddling and shall
apply where an employer desires to secure licenses for his employees,
agents or servants.
The license granted pursuant to this chapter
shall be valid for 30 days after the date such license is issued and,
upon the expiration of any license, if the person holding the same
shall desire to continue or renew soliciting or peddling, he shall
be required to file a new application for a license. Such licenses
may be issued in advance for consecutive thirty-day periods not exceeding
six in number.
[Amended 4-8-1996 by Ord. No. 475]
It shall be unlawful for any individual to solicit
funds, peddle, canvass, or take orders either by sample or otherwise,
for any goods, wares, or merchandise, from house to house in the Borough
of Denver before 9:00 a.m. or after 9:00 p.m., prevailing time, whether
or not such individual is required to obtain a license under this
chapter.
[Amended 4-8-1996 by Ord. No. 475; 7-29-2013 by Ord. No.
612]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and/or to imprisonment for a term
not to exceed 30 days. Every day that a violation of this chapter
continues shall constitute a separate offense. Upon summary conviction
or in a civil action, the defendant may be assessed reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings in accordance
with Section 3321(6) of the Borough Code.[1]
[1]
Editor’s Note: See 53 P.S. § 48321(6).
