Every person/applicant desiring to engage in
canvassing or soliciting in the Borough of Marcus Hook shall register
with the Borough. Registration shall be on a form approved by the
Borough Council and available from the Borough Manager/Secretary.
When the Manager/Secretary has approved the issuance of a solicitor's
or canvasser's license, the applicant shall be issued a license. The
license shall contain the information required on the application
and the expiration date, and one of the photographs which was submitted
with the application shall be attached. The license shall be carried
by each solicitor or canvasser at all times when engaged in such activity
and shall be exhibited for inspection to any person approached for
purposes of solicitation or canvass.
The license for soliciting and canvassing shall
be valid within the Borough of Marcus Hook, subject to the following
limitations for certain days and activities:
A. Days of the week.
(1) Sundays. Soliciting and canvassing shall be permitted
between the hours 1:00 p.m. and 5:00 p.m.
(2) Mondays through Saturdays. Soliciting and canvassing
shall be permitted in all residential districts and residential buildings
and commercial districts between the hours of 9:00 a.m. and 7:00 p.m.
(3) No solicitations or canvassing shall be conducted
during legal holidays.
B. Special requirements.
(1) There shall be no physical contact by the solicitor
or canvasser with anyone being solicited or canvassed 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 one solicited.
(2) Solicitors and canvassers shall not occupy a fixed
location on any public sidewalk or street. There shall be no interference
with or blocking of movement of any pedestrian or vehicle by any solicitor
or canvasser.
(3) A solicitor or canvasser 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) A solicitor or canvasser shall not place or deposit
any refuse on any street, public place or property within the Borough.
(5) A solicitor or canvasser 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.
C. Exceptions. Excepted from the provisions of this article
are public or charitable activities in which the Borough of Marcus
Hook is a participant, such activities being conducted for the enjoyment
and well-being of the community.
D. Fraudulent and deceptive practices.
(1) No person who engages in canvassing or soliciting
shall use any plan, scheme, ruse or make any statement which indicates
or implies that the purpose of such personal visit is other than to
obtain orders for or to make sales of goods or services.
(2) No person who engages in solicitation shall misrepresent
the right to a buyer to rescind or cancel a sale under the provisions
of applicable law, and such persons shall provide the buyer with all
information as required by state and federal regulations.