[HISTORY: Adopted by the Borough Council
of the Borough of Pleasant Hills 2-17-1986 by Ord. No. 630. Amendments
noted where applicable.]
It shall be unlawful for any peddler, hawker, solicitor or canvasser, as defined in § 262-2, to engage in such business within the Borough of Pleasant Hills without first obtaining a license-permit therefor in compliance with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual traveling either by foot, automobile, motortruck
or any other type of conveyance from place to place, house to house
or from street to street within the Borough of Pleasant Hills, taking
or attempting to take orders for sale of goods, wares and merchandise,
personal property of any nature whatsoever for future delivery, or
for services to be furnished or performed in the future, whether or
not such individual has, carries or exposes for sale a sample of the
subject of such sale, or whether he is collecting advance payments
on such sales or not, and including any individual traveling as aforesaid
and requesting contributions or the payment of money or goods by any
resident of the Borough of Pleasant Hills to any religious, charitable
or eleemosynary group, corporation or purpose.
[Amended 11-19-2007 by Ord. No. 880]
Applicants for a license-permit under this chapter
must file with the Borough Manager a sworn application, in written
form, on a form to be provided by the Borough, which shall give the
following information:
A.
Name of applicant;
B.
Permanent home address and full local address of applicant;
C.
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 establishing the exact relationship with
the employer;
E.
Length of time for which the right to do business
is desired;
F.
Place where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or produced,
where such goods or products are located at the time said application
is filed and the proposed method of delivery;
G.
In the case of solicitation for contributions or payment
of money or goods to a religious, charitable or eleemosynary group
or purpose, the full name and address of the true beneficiary and
a statement of the eleemosynary purpose;
H.
The type of vehicle(s) to be used, including the make,
model, year, color and license plate of each such vehicle;
I.
The number of helpers to be used by the applicant;
J.
A statement as to whether or not the applicant or
any helper has been convicted of any crime, misdemeanor or violation
of any municipal ordinance, the nature of the offense and the punishment
or penalty assessed therefor.
[Amended 11-19-2007 by Ord. No. 880; 7-21-2008 by Ord. No.
892]
The Council of the Borough of Pleasant Hills
shall, from time to time, by resolution, set a schedule of fees to
be charged for the issuance of a license-permit, and such schedule
shall be available for review in the office of the Borough Manager.
The fee schedule shall be subject to change from time to time at the
discretion of the Borough Council with the reasonable expectation
that the administrative costs related to the administration of this
chapter shall be covered. Nonprofit religious, political and/or charitable
organizations are not required to pay a fee and/or obtain a permit
to engage in door-to-door solicitation for purposes of religious and
political organizations or charitable organizations.
[Added 11-19-2007 by Ord. No. 880]
Upon receipt of each application, it shall be
referred to the Chief of Police who shall immediately institute such
investigation of the applicant's business and moral character as the
Chief of Police deems necessary for the protection of the public safety.
[Amended 11-19-2007 by Ord. No. 880]
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall indicate his or her approval of the applicant
and return the application to the Borough Manager who shall, upon
payment of the prescribed fee, including the administrative costs
related to the permit, approve and issue to the applicant his or her
license-permit. The license-permit shall be carried upon the person
to whom it is issued at all times when such solicitation is occurring
and shall be displayed on any vehicle to which it is issued.
[Amended 4-16-2001 by Ord. No. 791]
No person licensed under this chapter shall
engage in the licensed activity at any time prior to 10:00 a.m. or
after 9:00 p.m. Further, no license-permit shall be issued for a period
longer than 30 days.
No person licensed under this chapter shall
hawk or cry his wares upon any of the streets or sidewalks in the
Borough nor shall he use any loudspeaker, horn or other device for
announcing his presence.
Any vehicle used by any person licensed under
this chapter shall, when stopped to exercise any right or privilege
granted by a license-permit issued under this chapter, be parked abutting
the curb, and no vehicle shall be stopped in the middle of any street,
alley or roadway.
No person licensed under this chapter shall
occupy any fixed location upon any of the streets, alleys or sidewalks
of the Borough for the purpose of peddling, with or without any stand
or counter.
No person licensed under this chapter shall
park any vehicle upon any of the streets or alleys of the Borough
in order to sort, rearrange or clean any of his goods, wares or merchandise;
nor may any such person place or deposit any refuse upon any of such
streets or alleys; nor may any such person maintain or keep a street
or curbstone market by parking any vehicle on any street or alley
in the Borough for longer than necessary in order to sell therefrom
to persons residing in the immediate vicinity.
[Added 11-19-2007 by Ord. No. 880]
A resident, upon written request to the Borough
Manager, may ask to be placed on a restricted listing which will be
given to all applicants being issued a peddling and soliciting license-permit.
Persons to whom licenses-permits are issued shall not call upon any
residents named on the restricted listing.
[Amended 4-16-2001 by Ord. No. 791; 11-19-2007 by Ord. No. 880]
The Chief of Police shall cause a record of
all licenses-permits issued under this chapter to be kept on file.
Should the Chief of Police determine that a license-permit should
be suspended or revoked as a result of the conduct of the applicant,
then the Chief of Police shall present a recommendation to the Borough
Manager that the license-permit should be suspended or revoked for
cause.
[Amended 4-16-2001 by Ord. No. 791; 11-19-2007 by Ord. No. 880]
The Borough Manager is authorized to suspend
any license-permit issued under this chapter upon his/her determination
that such suspension shall be beneficial to the public health, safety
and welfare before any violation(s) of the requirements or provisions
of this chapter or as a result of providing false information during
the application process.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $300 for each day that a violation occurs.
[Amended 4-16-1990 by Ord. No. 669]
The provisions of this chapter shall not be
applicable to any persons who take orders for and deliver newspapers,
milk, butter, eggs, baked goods and the like (excluding the sale of
frozen products from vehicles) or represent any church, school, school
group or service club, the majority of whose members reside within
the Borough of Pleasant Hills.
