[HISTORY: Adopted by the Borough Council
of the Borough of Heidelberg 5-18-2010 by Ord. No. 591.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 80,
Peddling and Soliciting, adopted 11-21-2000 by Ord. No. 539.
It is the purpose of this chapter is to regulate persons who
solicit in the Borough of Heidelberg, whether on behalf of a charitable
organization, a commercial enterprise or otherwise.
It shall be unlawful for any person to solicit in the municipality
without first obtaining a permit.
The following terms shall have the following meanings:
The Solicitation of Funds for Charitable Purposes Act enacted
by the Commonwealth of Pennsylvania, 10 P.S. § 162.1 et
seq., as such act may be amended from time to time.
Has the meaning set forth in the Charitable Solicitation
Act.
The Borough of Heidelberg.
Any individual, organization, corporation, association, partnership,
trust, foundation or other entity, however styled, including but not
limited to charitable organizations, business organizations, commercial
coventurers, professional fundraising counsel, professional solicitors
and volunteer fundraisers and solicitors.
Has the meaning set forth in the Charitable Solicitation
Act.
Has the meaning set forth in the Charitable Solicitation
Act.
To go from door to door in the municipality (i) soliciting
contributions or pledges for contribution, or (ii) selling or attempting
to sell subscriptions, products or services, or taking orders or attempting
to take orders for subscriptions, products or services from or to
an occupant of a residence.
Acts of individual solicitors on behalf of a particular person.
The person, firm or organization on whose behalf solicitors
are acting.
A person who solicits.
A permit issued by the Bureau of Charitable Organizations
of the Department of State, pursuant to the terms of the Charitable
Solicitation Act.
Applicants for a municipal permit must file with the Police
Department of the municipality a sworn application in writing on a
form to be furnished by the municipality, which shall give the following
information:
A.
The name of the soliciting organization, and any other name or names
under which solicitors acting on behalf of the soliciting organization
will solicit.
B.
The principal address and telephone number of the soliciting organization
and the addresses and telephone numbers of any offices of the soliciting
organization in the Commonwealth of Pennsylvania.
C.
The names and addresses of the officers, directors, trustees and
principal salaried executive officers of the soliciting organization.
D.
The names and addresses of any professional solicitors, professional
fundraising counsel and commercial coventurers who have agreed to
act on behalf of the soliciting organization.
E.
The names and addresses of each individual who will be soliciting
in the municipality on behalf of the soliciting organization.
F.
The purpose of the solicitation in the municipality.
G.
The period and times during which the solicitation is to be conducted.
H.
In the case of goods or subscriptions to be offered for sale, a brief
description of the nature of the business of the soliciting organization
and the goods or subscriptions to be offered for sale.
I.
The application for a municipal permit shall be accompanied by the
original, or a copy, of the soliciting organization's state permit
as well as the state permit of any commercial coventurer, professional
fundraising counsel or professional solicitor acting on behalf of
the soliciting organization, or a sworn, written statement of the
applicant indicating that such applicant is (i) exempt from the registration
requirements of the Charitable Solicitation Act, or (ii) not subject
to the Charitable Solicitation Act.
A.
Upon receipt of a duly completed application, the fee prescribed
by resolution, the original, or copy, of the soliciting organization's
current and valid state permit (if applicable) and the current and
valid state permit of any commercial coventurer, professional fundraising
counsel or professional solicitor acting on behalf of the soliciting,
organization, the Borough Manager shall issue municipal permits to
each of the soliciting organization, any commercial coventurers, professional
fundraising counsel, professional solicitors and each individual person
soliciting on behalf of the soliciting organization, whether as an
employee or independent contractor of the soliciting organization,
commercial coventurer, professional fundraising counsel or professional
solicitor or as a volunteer. Each municipal permit issued to an individual
shall contain the name and address of such individual, along with
the name and address of the soliciting organization.
(1)
The application for a municipal permit shall be kept on file by the
Borough Manager and the Police Department and shall be available for
public inspection. The municipal permits issued pursuant to this chapter
shall be valid until December 31 of the year when issued.
B.
The Borough Manager or on the recommendation of the Chief of Police
may deny the application for a municipal permit if the application
is incomplete, is not accompanied by all required state permits, is
not accompanied by a fee or if the soliciting organization, commercial
coventurers, professional fundraiser or professional solicitor has
been convicted of or has plead guilty or nolo contendere to (i) violating
the provisions of this chapter within a period of one year prior to
the date of the application, or (ii) any burglary, violent crime or
any felony or misdemeanor involving fraud or misrepresentation. In
addition, a municipal permit may be denied to any individual listed
on the application who has been convicted of or has plead guilty or
nolo contendere to (i) violating the provisions of this chapter within
a period of one year prior to the date of the application, or (ii)
any burglary, violent crime or any felony or misdemeanor involving
fraud or misrepresentation.
(1)
An application for a municipal permit shall be approved or rejected
within a period of five days from the date it is submitted. If an
application for a municipal permit is rejected, the Borough Manager
shall set forth the reasons therefor in writing.
C.
The Borough Manager and the Police Chief shall keep a permanent record
of all municipal permits issued and all municipal permit applications
rejected and shall issue a monthly report thereon to the Commission.
The fee for each municipal permit shall be set by an annual
resolution of the municipality and shall be in an amount necessary
to reimburse the municipality for its costs in conducting a criminal
records check on the person seeking the municipal permit, and for
the costs of preparing the municipal permit; provided, however, that
the fee shall be waived for persons conducting solicitation only one
time within any calendar year.
In the course of a solicitation, each solicitor shall comply
with the following:
A.
No solicitor shall solicit without a current, valid municipal permit,
and if required to register under the Charitable Solicitation Act,
without a current, valid state permit.
B.
No solicitor shall solicit at any residence at any time which has
a "No Solicitation" sign posted on the residence.
(1)
No solicitor shall solicit before 10:00 a.m. or after dusk at any
residence which has a "No Evening Solicitation" sign posted on the
residence.
C.
The solicitor shall:
(1)
If requested by a resident of the municipality, provide to the resident,
the name and address or telephone number of a representative of the
soliciting organization to whom inquiries can be addressed; and
(2)
Provide to each resident a full and fair description of the purpose
for which the solicitation is being made; and
(3)
In the case of a charitable organization only, provide if requested
by a resident of the municipality, the source from which a financial
statement may be obtained.
D.
The solicitor shall comply with all applicable laws, statutes, regulations,
rules or ordinances of the United States of America, the Commonwealth
of Pennsylvania and the municipality.
E.
No solicitor shall make any untrue statement or misrepresentation
in the course of soliciting, or omit to state any material fact necessary
to prevent any statement made from being misleading. No solicitor
shall utilize any unfair or deceptive acts or practices in the course
of soliciting. In determining whether or not a practice is unfair
or deceptive under this chapter, definitions, and standards or interpretations
relating thereto under the Pennsylvania Unfair Trade Practices and
Consumer Protection Law, as amended from time to time, shall apply.
F.
If no signs pursuant to § 80-7B are posted at a residence, no solicitor shall solicit before 10:00 a.m. or after dusk.
G.
Every person soliciting in the municipality shall have his or her
municipal permit in such person's possession at all times in
the course of soliciting. Any solicitor requested to so do by a resident
or the police shall display to such resident or the police his or
her municipal permit containing such person's name and address
and a copy of such person's driver's license containing
a picture of such person.
No municipal permit shall be used at any time by any person
other than the person to whom it is issued.
The Chief of Police shall report to the Manager of the municipality
all convictions for violations of this chapter, and the Police Department
shall maintain a record for each municipal permit issued and record
the reports of violation therein.
Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to a fine not to exceed $300. Each day that a violation occurs or is committed shall constitute a separate offense. Violations may also result in the revocation of the violator's municipal permit, as specified in § 80-11 below.
A.
Municipal permits may be revoked by any magistrate having jurisdiction
with respect to soliciting in the municipality, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in, or material
fact omitted from, the application for a municipal permit or state
permit;
(2)
Fraud, misrepresentation, false statement or material omission made
in the course of soliciting;
(3)
Failure to observe a "No Solicitation" or "No Evening Solicitation"
sign posted by a resident;
(4)
Soliciting in the municipality without a current and valid state
permit;
(5)
Any other violation of this chapter;
(6)
Conviction, whether before issuance of the municipal permit or during
the term of the municipal permit, of any burglary, violent crime or
any felony or misdemeanor involving fraud or misrepresentation.
B.
Notice of the hearing for revocation of a municipal permit shall
be given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be transmitted
by certified mail, postage prepaid, to the permittee at his last known
address at least seven days prior to the date set for hearing.
Any person aggrieved by the action of the Borough Manager or the Chief of Police of the Police Department in the denial of a municipal permit so provided in § 80-5 of this chapter shall have the right of appeal to Borough Council. Such appeal shall taken by filing with the Borough Manager, within 14 days after notice of the denial has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Manager shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 80-11 of this chapter for notice of hearing on revocation.
All permits issued under the provisions of this chapter shall
expire on December 31 in the year when issued.
In addition to the penalties provided above for violation of
this chapter, all contracts made by any solicitor who has failed to
procure a municipal permit as required by this Ordinance shall be
voidable at the option of the resident who entered into the contract.
A property owner or his authorized agent may post a decal or
sign on the residence reading "No Solicitation" or "No Evening Solicitation."
Such signs shall be displayed on or as close as possible to the front
door of the residence. For purposes of this chapter, "No Evening Solicitation"
shall mean no solicitation before 10:00 a.m. or after dusk.
