[HISTORY: Adopted by the Borough Council of the Borough of Leetsdale 11-14-2002
by Ord. No. 573. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 181.
From and after the enactment of this chapter, it shall be unlawful for
any person who is not the holder of a valid and unexpired license issued pursuant
to this chapter, or otherwise exempt from this chapter, to sell, purchase,
or solicit the sale or purchase of food, printed matter, building and construction
services, and all other services, goods, wares, or merchandise of any kind
or description, or to solicit contributions, gifts or pledges of money or
any other thing of value, by visiting the private homes or residences or on
the public streets or highways of the Borough of Leetsdale.
A.
Any person desiring to obtain a license to engage in the activities described in § 219-1 shall make application in person to the Police Chief of the Borough, or to his or her designated employee, at the Borough police office during the hours set for this purpose by the Police Chief.
B.
The applicant shall supply, on a written form provided
by the Borough, the following information over the applicant's signature subject
to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification
to authorities:
(1)
The applicant's name;
(2)
The applicant's place and date of birth;
(3)
The applicant's temporary address;
(4)
The applicant's residence address;
(5)
The address at which the applicant will receive notices
under this chapter;
(6)
The name and address of the applicant's employer or principal,
if any, and the nature of the business activity thereof;
(7)
The nature of the business or activity in which the applicant
wishes to engage within the Borough, being as specific as possible;
(8)
A statement as to whether the applicant has been convicted
in any jurisdiction of any crime other than of minor traffic violations and,
if so, of what crime or crimes and what punishment was imposed;
(9)
If a motor vehicle is to be used by the applicant to
enter, leave or travel upon the streets of the Borough, the make, model, color
and registration number of the motor vehicle.
C.
The applicant shall submit to the Chief of Police a written
description of the applicant and the applicant's photograph, approximately
two inches by two inches in size, showing the head and shoulders of the applicant
in a clear and distinguishing manner.
D.
The applicant shall submit a legible photocopy of his
or her state vehicle operator's license or other state photo identification.
F.
The Police Chief shall cause a record of the application
to be kept on file and made available as needed to enforce the provisions
of this chapter.
G.
After submission of the completed application, the fee and the supporting evidence set forth above, the Police Chief shall cause to be made an investigation into the accuracy and completeness of the information provided in the application and the character and business responsibility of the applicant. If the information provided is correct and if the applicant's character and business responsibility are satisfactory, the Chief shall grant the application and issue the license in writing over his or her signature. If the information provided is not accurate or if the Chief finds that the applicant's character or business responsibility is unsatisfactory, the Chief shall deny the application in writing over his or her signature, stating all of the reasons therefor and shall notify the applicant at the address set forth in the application. An issued license shall entitle the licensee to engage in the activities described in § 219-1 for the period for which the appropriate fee has been paid from the date of issuance. A denied application shall entitle the applicant to appeal as set forth below.
H.
Licensees may renew their licenses periodically by paying
the fee set out in this section and by updating their applications to reflect
any changes in the information they provided.
Every person to whom a license has been issued shall, in the carrying
on of the licensed business activities in the Borough, comply with the following
rules of conduct:
A.
The licensee shall carry the license card at all times
and exhibit it upon request to any police officer or any person upon whom
he or she shall call, or with whom he or she shall talk in carrying on the
licensed activities.
B.
The licensee shall not permit any other person to have
possession of the license card and shall immediately report its loss or theft
to the Borough Secretary or the police. The licensee shall not cause or permit
the license card to be altered or defaced. The license is personal to the
applicant and may not be transferred, given or assigned to any other person.
C.
The licensee shall not enter, or attempt to enter, any
dwelling house without invitation or permission of the occupant and shall
immediately leave any premises upon request. The licensee shall not engage
in any conduct licensed under this chapter upon any premises displaying a
sign prohibiting such activity.
D.
The licensee shall not represent the license card to
be an endorsement of the licensee or of his or her goods or services or of
the goods or services of the principal or employer.
E.
The licensee shall immediately surrender the license
card upon revocation of the license as hereinafter provided.
F.
Licensees are permitted to operate Monday through Saturdays
between the hours of 9:00 a.m. and 9:00 p.m. local prevailing time. There
shall be no soliciting under this chapter at any time on Sundays or on any
holiday on which the Allegheny County Courts are closed.
G.
No licensee hereunder shall have the exclusive right
to any location in the public streets or sidewalks, nor shall any licensee
hereunder be entitled to a stationary location thereon.
A.
Any license hereafter issued may be revoked by the Borough
after notice and a hearing for any of the following reasons:
(1)
Upon failure of the licensee to comply with the standards of conduct established by § 219-3 hereof;
(2)
For fraud, material misrepresentation or false statement
in the application for license hereunder;
(3)
For any violation of this chapter;
(4)
For conviction of any crime or misdemeanor involving
moral turpitude;
(5)
Conducting business in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a menace
to the health, safety or welfare of the public.
B.
Notice of a hearing shall be given in writing setting
forth the grounds for revocation. Notice shall be personally served or sent
by registered mail to the address designated for this purpose in the application
for license. Notice shall be given at least seven days prior to the hearing.
Any person subject to a license revocation hearing shall be entitled to appear,
with or without counsel, and offer documentary and witness evidence.
Any person aggrieved by the action of the Chief of Police in denying
a license may appeal to the Borough Secretary by written application setting
forth the grounds for the appeal and filed within 14 days after notice of
the action complained of has been mailed to the address set forth in the application.
Application for appeal shall be accompanied by an appeal fee of $300. The
Borough Secretary shall set a time and place for the hearing, and notice of
the hearing shall be given to the applicant by writing mailed to the address
set forth on the application.
The following persons shall not be charged a fee for the license described in § 219-3:
A.
Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempted from the provisions of, or duly registered
pursuant to, the Act of December 19, 1990, P.L. 1200, 10 P.S. § 162.1
et seq. (the Solicitation of Funds for Charitable Purposes Act.), as amended;
who, while soliciting, are possessed of a card or other evidence of their
appointment or authority to solicit for said organization or corporation.
The following persons shall not be required to obtain a license described in § 219-2, but shall be required to conform their conduct to the provisions of § 219-3 when engaged in activities set forth in § 219-1:
A.
All persons who are 18 years of age or under who are
otherwise engaged in activity regulated by this chapter on behalf of:
(1)
All persons, organizations or nonprofit corporations
granted tax exempt status under Section 501(c)(3) of the Internal Revenue
Code of 1986 [Public Law 99-154, 26 U.S. Code 501(c)(3)]; and
(2)
All persons, organizations or nonprofit corporations
exempt from the registration requirements of the Act of December 19, 1990,
P.L. 1200, 10 P.S. § 162.6. (the Solicitation of Funds for Charitable
Purposes Act), provided that the conditions of 10 P.S. § 162.6 are
met.
The Borough of Leetsdale hereby declares its intention that this chapter
shall apply only to commercial conduct and speech and the solicitation of
money or other things of value. This chapter is specifically not intended
to, and shall not be interpreted to:
A.
Limit or affect constitutionally protected pamphleteering,
political or religious speech or conduct;
B.
Apply to persons selling wholesale to dealers in such
goods;
C.
Apply to merchants or their employees delivering goods
or services in the regular course of business;
D.
Apply to any manufacturer or producer in the sale of
bread and bread products, meat and meat products and milk and dairy products;
E.
Prohibit any sale required by statute or order of court;
F.
Prevent any licensed auctioneer from conducting a bona
fide auction sale subject to the auctioneer's law.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof before a District Magistrate, be subject to a penalty or
fine of not more than $300, together with costs of prosecution for each such
violation, and in default of the payment of the fine and costs of prosecution,
shall be committed to the county jail for a period not to exceed 30 days.
Each day that any person, firm, organization or corporation engages in conduct
in violation of this chapter shall constitute a separate offense.
