[Adopted 1-22-2015 by Ord. No. 1704[1]]
[1]
Editor's Note: This ordinance superseded former Art.
IV, Peddlers, adopted 2-19-1987 as Part 3, Title 1, Art. 307, of the
1987 Codified Ordinances, as amended.
The purpose of this article is to protect, maintain and enhance
the public health, safety, and general welfare by regulating peddling
and solicitation. The citizens and visitors to the City of Butler
are subject to unregulated peddling and solicitation by sometimes
questionable people and organizations in a hazardous manner and in
vulnerable locations such as their own residence. It is the purpose
of this article to regulate peddling and solicitation in the City
of Butler to protect the public health, safety and welfare.
The following words, as used in this article, shall have the
following meanings:Â
The person or organization seeking a permit.
The Chief of the City of Butler Police Department or his
designee.
The person responsible for organizing the solicitation or
peddling activity and whose name shall be on the application.
The act of going from residence to residence throughout the
City of Butler to solicit votes or orders, to conduct a survey (public
opinion) or poll, or to conduct an uninvited detailed discussion,
whether on foot or by use of a vehicle.
Written authorization dispensed by the Chief of Police or
his designee which allows the solicitation and peddling activity and
specifies the given solicitation and peddling period.
A person seeking or wanting to be considered for a political
office, including write-in candidates.
A national, state or local youth group having a specific
structure and responsibilities and united for a particular purpose.
Includes every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building
or structure.
The act of going from residence to residence asking for donations
of money, tickets for money and coupon books for money, or selling
items for money, with or without the distribution by such solicitor,
or canvassing of literature, samples, free gifts or other materials
within the City of Butler, whether on foot or by use of a vehicle.
A period not to exceed three months.
A.Â
General. The City of Butler prohibits any person or organization
from conducting solicitation and peddling of residents without a permit.
It shall be a violation of this article to engage in solicitation
and peddling without a permit or otherwise not in accordance with
the terms of this article and the permit requirement.
B.Â
Permit required. Every person, prior to engaging in activity as a
solicitor or peddler, whether acting on his or her own behalf, as
principal, or as the employee or agent of another, shall apply for
and obtain a permit as hereinafter provided:
(1)Â
Application. All requests for a permit must be provided to the Chief
of Police or his designee at least 10 business days but no more than
60 calendar days prior to the date of the requested activity. The
Chief of Police or his designee shall issue a decision within three
business days of the application being filed. The Chief of Police,
for good cause shown, shall have the authority to consider any application
under this section which is filed less than 10 business days before
the date such event is proposed to be conducted, provided the Chief
of Police or his designee shall have adequate time to conduct the
investigation. An application and permit shall be required for each
solicitation and peddling period.
(2)Â
Required information. All applications for permits must include,
at a minimum, the following information and shall be signed by the
organizer(s):
(a)Â
Name(s). The name(s) of the person(s) making application for
solicitation and peddling within the City of Butler.
(b)Â
Address. The permanent address and local address, if any, of
each organizer.
(c)Â
Physical features of applicant(s), including height, weight,
age, sex, race, and social security number of each for background
check purposes.
(d)Â
Photocopy of driver's license or other official photo identification
of each organizer.
(e)Â
Description of the proposed solicitation and peddling activity
and purpose for the activity (i.e., use of funds).
(f)Â
Specific location(s) for solicitation and peddling activity,
including specific houses targeted, and the number of solicitors or
peddlers at each location.
(g)Â
Dates and times of solicitation or peddling activity.
(h)Â
Names of all participants proposed to be solicitors or peddlers
and their ages. If any solicitors or peddlers are under 18, the names
and addresses of adult supervisors; one adult supervisor per four
solicitors or peddlers under age 18 is required.
(i)Â
The application shall contain a statement that the submission
of the application shall be considered to be consent by each organizer
for a background check to be run by the Chief of Police at his discretion
on any person named on the application and a statement that all information
contained thereon is true and correct.
(j)Â
Any additional information the Chief of Police may find reasonably
necessary for a fair determination as to whether the proposed event
will endanger public health, safety and welfare.
C.Â
Investigation. The applicant must submit a criminal history background
report from the Pennsylvania Access to Crime History (PATCH). The
Chief of Police or his designee shall review the application for completeness
and compliance with the terms of this article. The Chief of Police
may, at his discretion, check to see if there are any records of complaints
against the applicant in the records of the Police Department or the
NCIC crime database system. The Chief of Police may, at his discretion,
conduct a background check of the organizers. The Chief of Police
may, at his discretion, make other inquiries he deems necessary for
the investigation of the applicant or the organizers.
D.Â
Decision. The Chief of Police may grant, deny, or grant a restricted
permit.
(1)Â
The Chief of Police shall issue a permit as provided in this article
from a consideration of the application and from such information
as may otherwise be obtained, unless he finds that any or all of the
following apply:
(a)Â
The applicant or any organizers or participants have any criminal
complaints pending against them or have a criminal record involving
crimes of theft, fraud, or other moral turpitude.
(b)Â
The Chief of Police has reason to believe that the request for
the solicitation or peddling activity is of a fraudulent nature.
(c)Â
The conduct of the solicitation or peddling activity is contrary
to the public's health, safety or general welfare.
(d)Â
The application was not complete, or the application or permits
requested are not fully in compliance with the requirements of this
article.
(2)Â
The Chief of Police shall indicate on the application review form
all reasons for rejection of the application.
E.Â
Location and times.
(1)Â
Prohibited times. No solicitation or peddling shall be allowed before
9:00 a.m. or after 7:00 p.m., Sunday through Saturday.
(2)Â
Locations. Solicitation and peddling shall be permitted in all areas
where residential use is permitted.
(3)Â
Duration. A solicitation or peddling activity may last no longer
than three months. A separate permit shall be required for each additional
solicitation and peddling period.
F.Â
Permit. The Chief of Police shall indicate on the permit the permitted
activities, locations, and duration of the permit. The Chief of Police
may approve a smaller or shorter duration than requested; may reduce
the number of solicitors or peddlers; may approve a different location;
or may generally make any other adjustments he believes necessary
to the application to serve the public health, safety and welfare.
The signed permit is to be kept on site and in the possession of all
organizers at all times that solicitation or peddling is underway.
If multiple locations are involved, a permit copy shall be kept at
each location by each organizer. Permits shall be displayed at the
request of any citizen or law enforcement personnel.
G.Â
Non-content-based review. The content of the message of any applicant,
their beliefs, the identification of the participants, or any other
matter which does not directly impact on the public health, safety,
and welfare shall not be relevant to the determination of whether
to grant or deny a permit.
H.Â
Special requirements.
(1)Â
There shall be no physical contact by the solicitor or peddler with
anyone being solicited or peddled without the person's consent.
This shall be deemed to include not only physical force or restraint
but also the act of placing objects on the person or clothing of the
solicited.
(2)Â
Solicitors and peddlers shall not occupy a fixed location on any
public sidewalk or street. There shall be no interference with or
blocking movement of any pedestrian or vehicle by any solicitor or
peddler.
(3)Â
A solicitor or peddler shall not be permitted to make or cause to
be made any loud noise to attract attention or for any other purpose.
Such noises may include, but shall not be limited to, shouting, use
of loudspeakers, horns, drums, musical instruments or other sound
devices.
(4)Â
A solicitor or peddler who is conducting such activity on private
property, which is not open to the public, shall immediately leave
such premises on request of any lawful occupant thereof.
The fees as set forth in the City of Butler Fee Schedule, adopted
from time to time by resolution of the City Council, shall be paid
by the applicant upon filing the application.[1]
[1]
Editor's Note: See Ch. 264, Fees.
It shall be the responsibility of every solicitor or peddler
given a permit under this article to pay to the City Treasurer of
the City of Butler the proper taxes, including business privilege
and income taxes, for himself or any employee on income earned as
a result of the soliciting or peddling.
A.Â
Appeals. Any person aggrieved by the denial or restriction of a permit
shall have the right to appeal the denial or restriction to the City
Council of the City of Butler. A written appeal shall be filed with
the City Clerk within 10 days after the denial or restriction is received.
B.Â
Procedure. The Chief of Police shall appear and present his case
and evidence as to why the application was denied. The applicant shall
have the opportunity to present his or her case and evidence in support
of the application. The hearing shall be conducted as an evidentiary
proceeding.
C.Â
Standard of review. The City Council, keeping in mind the purpose
of this article, the substantive provisions, and giving deference
to the judgment of the Chief of Police, shall make a determination
as to whether the denial or restriction was lawful and in the interests
of the public health, safety and welfare, or whether the permit shall
be issued or modified. If the latter, the City Council shall enter
an order providing guidance as to the location, time, persons, and
other criteria of this article. The City Council shall render a decision
within 10 days after the hearing.
A.Â
Revocation of permit. The Chief of Police or his designee is hereby
authorized to revoke a permit issued under this article under the
following circumstances:
(1)Â
If the organizer is convicted of a felony during the solicitation
and peddling period.
(2)Â
If the Chief of Police or his designee determines that the goods
or items being sold or distributed are unsafe, harmful or misrepresented
to the public.
(3)Â
If it is determined that the organizer has given false information
on the application.
(4)Â
If the organizer fails to abide by any of the provisions of this
article.
(5)Â
If the Chief of Police becomes aware of illegal or unauthorized activity
and the revocation of said permit is required in the best interests
of public health, safety and welfare.
B.Â
Persons soliciting without a permit or in violation of the permit
shall be cited with a citation for prosecution in the Magisterial
District Judges Court, in accordance with the requirements of law
for such citations. All City of Butler police officers are authorized
to issue such citations.
C.Â
Any person, organization, business or entity in violation of the
provisions of this article is subject to a fine of up to $300 per
day per violation per individual participant. The minimum fine shall
be $50 per day per violation per individual participant. In default
of payment of such fines and costs, he or she shall be subject to
imprisonment in the county jail for up to 90 days.
D.Â
Any person, organization, business or entity found guilty of violating
this article may not be issued a permit for a two-year period from
the date of the violation. Upon a second offense, the person, organization
or entity found guilty of violating this article shall be banned from
further solicitation or peddling in the City of Butler.
E.Â
The City Solicitor shall be authorized to seek injunctive relief
and other relief in a court of competent jurisdiction if necessary
to effectuate the intent of this article. The City of Butler shall
be entitled to seek civil fines in the amounts specified above and
shall be entitled to its attorney's fees for any successful action.
This article shall not apply to recognized youth organizations,
including school-sponsored clubs; peddling conducted by political
candidates for public office, their workers or representatives from
political parties; solicitation of donations by mail; either the solicitation
of money or peddling, as otherwise defined herein, from personal acquaintances
of the person engaging in the activity; and persons who solicit for
or on behalf of religious organizations or in pursuit of religious
beliefs and activities. A permit is not required by any solicitation
or peddling activity sponsored or conducted by the City of Butler
or its departments and agencies, nor by any municipality or government
agency in the City, such as firefighter or Police Department fundraisers
or other similar collections.
