A. 
As used in this article, the following terms shall have the meanings indicated:
DOOR-TO-DOOR SALESPERSON
Any person engaging in the peddling, selling, soliciting or taking of orders, either by sample or otherwise, of any personal property or services in the municipality when the activity involves the movement of the salesperson from building to building, whether by vehicle or on foot, and the sales activity is proposed to any occupant of such building.
FOOT PEDDLER
Any person engaged in the peddling, selling or taking of orders, whether by sample or otherwise, of any personal property or services within the municipality, with or without the use of a pushcart or carried display tray, while standing, walking or otherwise on foot.
VEHICLE PEDDLER
Any person engaging in the peddling, selling or taking of orders, either by sample or otherwise, of any personal property or services in the municipality, using a vehicle either in a stationary position on private or public property or in a moving position on the public streets.
B. 
The foregoing definitions apply equally to all persons, whether a resident or nonresident of the Borough, whether such person is engaged in another business or not.
C. 
Exceptions. None of the foregoing definitions shall be deemed to include either of the following activities:
(1) 
Any sale or the solicitation thereof or the taking of orders for personal property or services at a prearranged appointment with the potential customer.
(2) 
The collection of money for payment for previously sold property or services by a salesperson, with or without a prearranged appointment.
(3) 
Public or charitable activities in which the Borough is a participant, such activities being conducted for the enjoyment and well-being of the community.
(4) 
The seeking of or taking orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
A. 
Every person/applicant desiring to engage in peddling or door-to-door sales in the Borough of Marcus Hook shall register with the Borough. Registration will 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 peddler's or door-to-door salesperson'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 peddler or door-to-door salesperson at all times when engaged in such activity and shall be exhibited for inspection to any person approached for purposes of peddling or selling.
B. 
Group applications.
(1) 
The Manager/Secretary shall have the right to permit a group application for a peddler's or door-to-door salesperson's license under the following conditions:
(a) 
The applicant is an organization exempt from the payment of license fees.
(b) 
The organization has a permanent location or address within the Borough.
(c) 
The peddling or sales will be conducted during a period of time not to exceed one month.
(d) 
Each individual participating in such peddling or sales is a resident of the Borough.
(2) 
Examples may be Girl Scout cookie sales and similar types of activity. In such cases, an application shall be made on behalf of the organization and the peddlers or salespersons indicated by general description.
A. 
The term of each peddler's or door-to-door salesperson's license shall be specified on the license.
B. 
Each applicant shall pay a registration fee for the term specified on the license. The fee for a peddler's and door-to-door salesperson's license may be amended from time to time by resolution of the Borough Council. Every applicant shall pay a fee of $20 per day, $60 per month or $100 per year. No fee shall be charged for a peddler's or door-to-door salesperson's license when such peddler or door-to-door salesperson is a charitable, religious or educational organization. Exemption from taxation by the United States Treasury Department to such businesses shall be sufficient to establish exemption from payment of fees set forth in this section.[1]
[1]
Editor's Note: The current fee schedule is on file in the Borough offices.
The license for peddling or door-to-door sales shall be valid within the Borough, subject to the following limitations for certain days and activities:
A. 
Days of the week.
(1) 
Sundays. Foot peddling, vehicle peddling and door-to-door sales shall be permitted on Sundays between the hours of 1:00 p.m. and 9:00 p.m.
[Amended 6-7-2010 by Ord. No. O-10-1, approved 6-7-2010]
(2) 
Mondays through Saturdays. Foot peddling, vehicle peddling and door-to-door sales shall be permitted in all residential districts and residential buildings and commercial districts between the hours of 9:00 a.m. and 9:00 p.m.
(3) 
The hours for foot peddling and vehicle peddling may be extended for Borough-sponsored or Borough-approved special events.
B. 
Special requirements.
(1) 
There shall be no physical contact by the foot peddler, vehicle peddler or door-to-door salesperson with anyone being approached for sales purposes 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 the person's clothing.
(2) 
Foot peddlers, vehicle peddlers or door-to-door salespersons shall not occupy a fixed location on any public sidewalk or street. There shall be no interference with or blocking of movement of any pedestrians or vehicles by the foot peddler, vehicle peddler or door-to-door salesperson.
(3) 
If a pushcart is used by any foot peddler, vehicle peddler or door-to-door salesperson, it shall not be permitted to remain in a fixed (nonmoving) location on any public sidewalk or street at any time except when an actual sales is taking place.
(4) 
Foot peddlers, vehicle peddlers or door-to-door salespersons shall not place or deposit any refuse on any street, public place or property within the Borough.
(5) 
Foot peddlers, vehicle peddlers or door-to-door salespersons licensed under this article 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.
(6) 
Vehicle peddling from a fixed location in any residential district of the Borough is prohibited at all times.