[HISTORY: Adopted by the Borough Council of the Borough of East Greenville as indicated in article histories. Amendments noted where applicable.]
Article I House-to-House Solicitation
[Adopted 4-2-1990 by Ord. No. 3-90; amended in its entirety 7-2-1990 by Ord. No. 8-90]
Editor's Note: This ordinance also repealed former Ch. 64, Peddlers, Hucksters and Solicitors, adopted 11-3-1975 by Ord. No. 7-75.
No person, corporation, unincorporated association, organization or group of persons shall solicit funds, contributions, subscriptions or sales from house to house or upon any public road or sidewalk or in any borough park or any public place maintained by the borough or shall sell, vend, peddle or otherwise attempt to merchandise products of any kind from house to house or upon any public road or sidewalk or in any borough park or any public place maintained by the borough without first applying for and obtaining the permit required.
Each person who shall solicit funds, contributions, subscriptions or sales or shall sell, vend, peddle or otherwise attempt to merchandise products of any kind shall first apply for and obtain either a daily, quarterly or yearly soliciting permit from the Chief of Police or his designee at the Upper Park Police Department, 6th Street and Dotts Street, Pennsburg, Pennsylvania. For the purposes of this chapter, "person" shall refer to an individual and not to any other legal or quasi-legal entity.
Each person applying for a permit under the terms of the preceding paragraph shall state to the Chief of Police or his designee his or her name, address, telephone number and the name, address and telephone number of the organization or other legal or quasi-legal entity which he or she represents, and the same shall be entered in a log book which the Chief of Police or his designee shall maintain for that purpose.
When such person has furnished to the Chief of Police or his designee the information required under the preceding paragraph and has paid the required fee for a permit the Chief of Police or his designee shall notify forthwith the Borough Secretary of said application and, after 24 hours, shall issue to such a person the permit requested with all portions thereof completed.
The amount of the fees or fee to be paid to the Borough Treasurer for the privilege of engaging in any of the businesses aforesaid shall be established by resolution of the Borough Council for the following categories:
As evidence of the issuance of such license or licenses, the Chief of Police or his designee shall provide the licensee or licensees with suitable means of identification in the form of either an identification card or a button, which shall be carried and displayed by each person mentioned in the preceding paragraph. Such identification shall be valid only between the hours of 9:00 am. and 8:00 p.m. on Monday through Saturday.
No permit issued to any person under the provisions hereof shall be transferable, and it shall be a violation of this article to carry on any of the activities covered by the provisions hereof displaying a permit issued to some person other than the person displaying such permit.
Churches, schools, fire companies, lodges, societies or civic organizations serving the Borough of East Greenville and its residents shall make application for and procure a permit in the manner provided for herein but shall not be required to pay any fee therefor. In the instance that such a charitable organization makes application for a permit, the organization alone need make such application, with the permit issued in response to such application being regarded as having been issued to each individual member of that organization. The members of such churches, schools, fire companies, lodges, societies or civic organizations are further exempted from the requirement, set forth in § 64-5 hereof, that they receive and carry an identification card or button evidencing the fact that a permit has been issued to them.
Any person or persons violating any of the provisions of this article shall be guilty of a summary offense and, upon conviction thereof before a District Justice, shall be sentenced to pay a fine or penalty not exceeding $600 and the cost of prosecution and, in default of payment of said fine or penalty and/or costs, shall be sentenced to imprisonment for a period not in excess of 90 days.