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.
A. 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.
B. 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.
C. 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:
CHIEF OF POLICE
The Chief of Police of the Northern Regional Police Department of
Allegheny County or its successor.
CLERK
The Clerk of the Northern Regional Police Department of Allegheny
County or its successor.
DEPARTMENT
The Northern Regional Police Department of Allegheny County or its
successor.
PEDDLER
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.
[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:
B. License (each solicitor, including helpers/assistants): $15 per
day.
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.
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.
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.