[HISTORY: Adopted by the Borough Council of the Borough of Bradford Woods 4-9-1984 by Ord. No. 294. Amendments noted where applicable.]
It is the purpose of this chapter to regulate peddlers, solicitors, and canvassers, transient merchants and itinerant vendors, who come into Bradford Woods Borough to sell or attempt to sell, to take orders or attempt to take orders, or to solicit contributions, pledges or subscriptions or attempt to solicit contributions, pledges or subscriptions, such regulation being in the interest and for the protection of residents of Bradford Woods Borough, and further requiring license fees to offset the cost of regulation and administration of this chapter.
It shall be unlawful for any person to engage in the business of peddler, solicitor, canvasser, transient merchant or itinerant vendor as defined in § 164-4 of this chapter within Bradford Woods Borough without first obtaining a license therefor as provided in this chapter.
[Added 12-13-1999 by Ord. No. 366; 10-13-2003 by Ord. No. 386]
No person, whether or not required to obtain a license under the provisions of this chapter, shall peddle, canvass or solicit within the Borough without first obtaining from the Chief of Police or the Clerk, as the case may be, a list of all residences and dwelling units within the Borough where the owner/occupant of the residence or dwelling unit has provided written notification that they do not desire to be visited on such premises at any time by any person performing any peddling, canvassing or soliciting activity. No person shall peddle, canvass or solicit at any residence or dwelling unit designated on such list. Any such written notice from an owner/occupant to the Borough may be revoked in writing at any time by such owner/occupant. The Chief of Police or the Clerk, as the case may be, shall maintain the aforementioned list and update it in its entirety no less often than twice per year. In the event that the identity of an owner/occupant changes, any written notification of the prior owner/occupant shall not be applicable and the new owner/occupant shall need to provide written notification of their desire to be designated on such list.
The peddler, canvasser or solicitor shall pay to the Northern Regional Police Department of Allegheny County its standard copying charge, as otherwise required by the provisions of the ordinance of the Borough, for the cost of copying and providing the aforementioned list.
Any peddler, canvasser or solicitor who shall violate the provisions of this section regarding nonvisitation to certain residences or dwelling units as designated on the aforementioned list may have his/her license immediately suspended by the Chief of Police pending proceedings for the revocation of same pursuant to § 164-19 of this chapter of the Borough Code.
The provisions of this section relating to the prohibition of peddling, soliciting and canvassing at residences or dwelling units designated on the aforementioned list shall not apply to any resident of the Borough.
When used in this chapter, the following terms shall have the following meanings:
- See "solicitor."
- CHIEF OF POLICE
- The Chief of Police of the Northern Regional Police Department of Allegheny County or its successor.
- The Clerk of the Northern Regional Police Department of Allegheny County or its successor.
- The Northern Regional Police Department of Allegheny County or its successor.
- ITINERANT VENDOR
- See "transient merchant."
- Any person, whether a resident of Bradford Woods Borough or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, fish, vegetables, meats or fruits, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes delivery to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word “peddler” shall include "hawker" and "huckster."
- SOLICITOR or CANVASSER
- Any person, whether a resident of Bradford Woods or not, traveling
by foot, wagon, automobile, motor truck or any other type of conveyance from
place to place, person to person, house to house or from street to street,
taking or attempting to take orders for the sale of goods, wares and merchandise
or personal property of any nature whatsoever for future delivery or for services
to be furnished to perform in the future or for subscriptions, contributions
or any other kind of support, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether such person
is collecting advance payments on such sale or not, provided that such definition
shall include any person who, for himself or another person, firm or corporation,
hires, leases, uses or occupies any building, structure, room, apartment,
shop or any other place within Bradford Woods for the sole purpose of exhibiting
samples and taking orders for future delivery.[Amended 12-13-1999 by Ord. No. 366; 10-13-2003 by Ord. No. 386]
- TRANSIENT MERCHANT or ITINERANT VENDOR
- Any person, whether as an owner, agent, consignee or employee, whether a resident of Bradford Woods Borough or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within Bradford Woods Borough, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, room, apartment, shop or any other place within Bradford Woods Borough for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction. The person so engaged shall not be relieved from compliance with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of, any local dealer, trader, merchant or auctioneer.
The terms of this chapter as defined in § 164-4 shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newspaper persons, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor shall the terms of this chapter be held to include or apply to any farmer or truck gardener who shall vend, sell or dispose of the products of the farm or garden occupied and cultivated by him from premises occupied by him; nor shall it apply to any manufacturer or producer in the sale of bread and bakery products or milk and milk products. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
Applicants for a license under this chapter must file with the Clerk a sworn application in writing on a form to be furnished which shall give the following information:
Name and physical description of the applicant.
Complete permanent home and full local address of the applicant and, in the case of transient merchants and itinerant vendors, the local address from which proposed sales will be made.
A brief description of the nature of the business and the goods to be sold.
If employed, the name and address of the employer and the name and address of the employee's immediate supervisor, together with credentials establishing the exact employment relationship.
The length of time for which the right to do business is desired.
If a vehicle is to be used, a description of the same, together with the license number or other means of identification.
The source of supply of the goods or property proposed to be sold or orders taken for the sale thereof and the proposed method of delivery.
A recent photograph of the applicant which shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
A statement as to whether or not the applicant has been convicted of any crime or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
At the time of filing the application, a fee of $175 shall be paid to the Clerk to cover the cost of the investigation.
[Amended 10-13-2003 by Ord. No. 386]
Upon receipt of such application, the original shall be referred to the Chief of Police who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reason therefor and return the said application to the Clerk, who shall notify the applicant of the disapproval and that no license will be issued.
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 endorse on such application his approval, and return said application to the Clerk, who shall, upon payment of the prescribed fee, execute and deliver to the applicant a license for the carrying on of the business applied for.
Such license shall contain the signature of the Clerk and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle to be used.
The Clerk shall keep a permanent record of all licenses issued and those rejected.
[Amended 12-13-1999 by Ord. No. 366; 10-13-2003 by Ord. No. 386]
Any religious, charitable, patriotic, political, philanthropic, public interest or community service organization, society, association or corporation, not desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item or literature, various types of tokens or merchandise for which a fee is charged or solicited from persons other than members of such organization, upon the streets, in office buildings, by house-to-house canvass or in public places for a religious, charitable, patriotic, political, philanthropic, public interest or community purpose shall be exempt from the provisions of § 164-6, Application for license; § 164-9, Fees; and § 164-12, regarding time restraints.
[Amended 12-13-1999 by Ord. No. 366; 10-13-2003 by Ord. No. 386]
Every applicant for a license under the provisions of this chapter for the business of peddling, soliciting or canvassing shall pay the following fees to the Northern Regional Police Department of Allegheny County:
No licensee, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound or amplifying device upon any of the streets, alleys, parks or other public places of Bradford Woods Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
No licensee shall have exclusive right to any location in the public streets or sidewalks nor shall any be permitted a stationary location thereon, nor shall any licensee be permitted to operate in a congested area where such operations might impede or inconvenience the public use of such streets or sidewalks.
Licensees shall be prohibited from operating before 9:00 am. or after 9:00 p.m., on Monday through Sunday, prevailing time.
[Amended 4-9-2007 by Ord. No. 409]
No licensee shall engage in the business of peddling, soliciting or canvassing upon any premises displaying a sign prohibiting such activity.
It shall be the duty of any peddler, solicitor, canvasser, transient merchant or itinerant vendor to produce his license upon request of any resident of Bradford Woods Borough with whom he does or purposes to do business.
It shall be the duty of any peddler, solicitor, canvasser, transient merchant or itinerant vendor to produce his license upon request of any police officer of the Department.
The Clerk shall maintain a record for each license issued and a record of the reports of violations.
Licenses issued under the provisions of this chapter may be revoked by the Chief of Police after notice and hearing for any of the following causes:
Fraud, misrepresentation, or false statement contained in the application for license;
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor, peddler, canvasser or transient merchant or itinerant vendor;
Any violation of this chapter;
Conviction of any crime involving moral turpitude; or
Conducting his 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 general welfare of the general public.
Notice of the hearing for revocation of a license 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 licensee at his last known address at least seven days prior to the date set for hearing.
Any person aggrieved by the action of the Clerk in the denial of a license as provided in § 164-7 of this chapter, or in the revocation of a license as provided in § 164-16, shall have a right to appeal to the governing body of Bradford Woods Borough. Such appeal shall be taken by filing with the governing body of Bradford Woods Borough, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The governing body of Bradford Woods Borough shall set a time and place for hearing on such appeal and notice of such hearing shall be given to the person aggrieved in the same manner as provided in § 164-16 of this chapter for notice of hearing on revocation.
All licenses issued under the provisions of this chapter shall expire on the date specified in the license.
[Amended 12-13-1999 by Ord. No. 366; 10-13-2003 by Ord. No. 386]
Any person, firm or corporation who shall violate any provision of this chapter or who shall fail to pay a charge for a soliciting application or license shall, upon conviction before the District Justice having jurisdiction thereof, be sentenced to pay a fine not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment for not more than 30 days.