[HISTORY: Adopted by the Borough Council of the Borough of Edgeworth 2-15-2005 by Ord. No. 499. Amendments noted where applicable.]
This chapter shall be known as the "Edgeworth Canvassing and Soliciting Ordinance." It is enacted for the following purposes: to prevent fraud, burglary (including preparation for burglary by learning which residents are home and at what hours) and other crime; to prevent unethical and dishonest business practices; to protect the privacy interests of the residents of the Borough, including the right to not be unduly annoyed in their homes and to be able to exclude trespassers from private property; and to otherwise promote the health, safety and welfare of the residents of the Borough.
The following words shall be construed to have the meanings set forth below; and, throughout this chapter, the singular shall include the plural, and the masculine gender shall include the feminine and neuter:
- The practice of going from dwelling unit to dwelling unit to: conduct surveys for research purposes (other than those conducted by an agency of the state or federal government); to make analyses, to take opinion polls, to compile rating data; to obtain or seek contributions or donations for any person or organization or cause; to advance personal, religious or political causes and proselytizing with regard thereto; or to conduct any similar work which, by its nature, involves door-to-door or place-to-place activity, including distribution of circulars.
- MERCHANDISE or SERVICES
- Any goods or services including, but not limited to, magazines, periodicals, books, orders or contracts for services, home improvements or alterations.
- Any canvasser or solicitor required to apply for a registration certificate under this chapter. Such term shall include all agents and employees of the canvasser or solicitor which is required to register.
- The practice of going from dwelling unit to dwelling unit selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise or services. "Canvass" or "solicit" does not include a series of licensed entries on private property (e.g., milkman making normal deliveries).
No person desiring to canvass or solicit in the Borough whose purposes include commercial solicitation or seeking contribution of funds shall do so without first having obtained a registration certificate from the Borough Police Department.
Any person required to obtain a registration certificate shall submit a written application to the Borough Chief of Police on a form furnished by the Borough. The applicant shall state for himself and each of his agents or employees who will canvass or solicit: his name, age, sex, home address, business address, name and address of employer, if any; what he/she desires to canvass or solicit for; the days, dates and route of the registrants' canvassing or soliciting; the make and type of vehicle, if any, he/she will use, and its registration number. The Borough Chief of Police, or his delegate, will issue to the applicant a registration certificate within 24 hours from the date of filing of the application, provided that the application is complete and accurate. A registration certificate will be valid for the balance of the calendar year in which it is issued. Such certificate may not be transferred from one person to another.
No fees will be charged for the issuance of a registration certificate.
Each registrant shall carry the registration certificate at all times when in the Borough. In addition, the registrant will exhibit the certificate to any Borough citizen or resident or Borough official upon request.
In the event an application for a registration certificate is disapproved by the Borough Chief of Police or his delegate, the appellant may, within five days of the denial, appeal the decision to the Borough Council which shall set a time and place for a hearing. This hearing shall be held within 30 days after the appeal is taken by the appellant, at which hearing the appellant will by given an opportunity to present reasons why the registration certificate should be issued. The decision of the Borough Council shall be made within 10 days of the appeal hearing.
Hours. No person shall canvass or solicit in the Borough between the hours of 9:00 p.m. and 7:00 a.m. the next day. This restriction shall apply to all persons, including those to whom a registration certificate has been issued.
List. No person who is required to obtain a registration certificate shall canvass or solicit in the Borough without first obtaining from the Borough Chief of Police or his delegate a list of all residences and dwelling units in the Borough where the owner/occupant of the residence or dwelling unit has notified the Borough in writing that they do not wish to be visited on their premises at any time by any person performing any canvassing and/or soliciting activity. No registrant or person required to register, may canvass or solicit at any dwelling unit designated on such list. Any registrant who is canvassing or soliciting in the Borough must carry such list while canvassing or soliciting. Any such written notice from an owner/occupant may be revoked in writing at any time by such owner/occupant. Alternatively, the Borough may produce a list where the owner/occupant has not notified the Borough in writing of their desire to not be visited. In such a case, the canvasser or solicitor may only canvass or solicit at the addresses on the list.
Signs. No person, whether or not a registrant, shall conduct any canvassing or soliciting activity at any private property which has posted a "No Solicitation" or "No Solicitors" or "No Trespassing" sign or any other similar warning sign. Such sign shall be reasonably visible to persons entering the property at the driveway or sidewalk, if any.
The Borough Chief of Police, or his delegate, may revoke the registration certificate of any registrant found to be in violation of any provision of this chapter.
This chapter shall not apply to any Borough resident under age 16.
Any person violating this chapter, whether as an individual, principal, agent, employer or employee of another, shall, upon conviction by the District Magistrate, be subject to a fine not to exceed $600 plus costs of prosecution, in the discretion of the District Magistrate. Each entry upon private property which does not comply with the provisions of this chapter shall constitute a separate offense.