[Amended 4-8-1986 by Ord. No. 86-2]
This chapter is adopted to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Borough of Marietta. The registration of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door to door or distributing materials within the
Borough or temporarily selling merchandise from a stand or a kiosk
within the Borough may be established, so that general regulations
may be more effectively enforced, for the protection and maintenance
of the health, safety and welfare of the inhabitants of the Borough
and to prevent dishonest business practices and dishonest solicitation
of funds in the Borough.
As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on
any street or public place within the Borough any handbill, advertisement,
circular, card, pamphlet or printed material of any kind other than
a regularly delivered newspaper, magazine or periodical.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
PEDDLER
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker," "huckster" and "transient merchant."
In addition to the foregoing, the definition of "peddler" shall also
include persons who are not residents of the Borough who set up stands,
kiosks or other fixed places of business on a temporary basis for
the sale of merchandise.
[Amended 4-8-1986 by Ord. No. 86-2]
SOLICITOR
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services, and whether or not he/she is collecting
advance payments on such sales or orders, or who engages in any of
the foregoing activities from a stationary location on any street
or other public place. The word "solicitor" shall also include the
word "canvasser" or any person who goes from door to door, as described
above, for the purpose of soliciting contributions and/or who collects
funds from a stationary location on any street or other public place.
It shall be unlawful for any peddler, solicitor,
distributor or transient merchant to sell, offer for sale or distribute
merchandise, printed material or services within the Borough without
first filing an application for registration and obtaining a registration
certificate from the Borough of Marietta.
Upon obtaining a registration certificate as
hereinafter provided, a peddler, solicitor, distributor or transient
merchant may conduct his activities within the Borough only as long
as he/she adheres to the regulations set forth herein and carries
the registration certificate upon his person at all times during the
conduct of his activities. The registration certificate shall identify
the person and the type of activity for which he/she has registered
and shall be shown to any police officer or citizen upon request.
All certificates shall expire on the date shown thereon, but in no
case shall any certificate be issued for a period of time of more
than one month.
The following persons or organizations are exempt
from the registration procedure upon compliance with all other provisions
of this chapter and submission of applicable identification and documents
to support the claim to exemption:
A. Any charitable or religious society that shall conduct
sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists.
B. Any person selling fruits and farm products grown
by himself, with or without the help of others, or any person delivering
bread and bakery products, meat and meat products or milk and milk
products.
C. Any person engaged in the delivery of goods, wares
or merchandise or other articles or things, in the regular course
of business, to the premises of persons who had previously ordered
the same or were entitled to receive the same by reason of a prior
agreement.
D. Any school, political or civic organization, benevolent
society, service club or organization not for profit whose principal
office is located in the Borough.
F. Persons selling personal property at wholesale to
dealers in such articles.
G. Persons conducting a bona fide auction sale pursuant
to law or a sale required by statute or by order of any court.
H. Petitioners or candidates for elected office or representatives
of political or political-cause organizations.
This chapter shall not be applied so as to occasion
any undue burden upon interstate commerce with respect to any business
or activity referred to herein. It is the intent of the Mayor and
Council that this chapter be interpreted so as to achieve the primary
purpose of protecting the health, safety and welfare of the inhabitants
of the Borough and not as to unduly regulate or control the proper
conduct of any business or commercial activity.
The fees to be paid to the Borough pursuant
to the provisions of this chapter shall be as established by resolution
of the Borough Council.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Lancaster County.