Streets and sidewalks — See Ch. 158.
Council finds that peddling, soliciting, canvassing and distributing, as defined in this chapter, when conducted at certain hours, and when conducted without adequate protections of the community, infringes upon the Borough residents' peaceful, private and safe enjoyment of their property. Council wishes to invoke its general police powers and the powers granted to the Borough by statute in order to protect its citizens from crime and undue annoyance by imposing reasonable restrictions and regulations on such activities.
As used in this chapter, the following terms shall have the meanings indicated:
- To go from house to house, place to place or street to street soliciting or taking, or attempting to take, orders from individuals for goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature, for future delivery, or for services to be performed at that time or in the future, regardless of whether such person collects in advance payments for such orders.
- A person, whether or not he or she is a resident of the Borough, who canvasses, as defined in this section.
- To go from house to house, place to place or street to street and distribute, or cause to be distributed, verbal or written information, whether in the form of a handbill, advertisement, circular, card, pamphlet or printed material of any kind, other than a regularly distributed newspaper, magazine or periodical.
- A person, whether or not he or she is a resident of the Borough, who distributes, as defined in this section, and who is not a peddler, canvasser or solicitor, as defined in this section.
- To go from house to house, place to place or street to street conveying or transporting goods, wares or merchandise, offering or exposing the same for sale or making sales and delivering articles to purchasers.
- A person, whether or not he or she is a resident of the Borough, who peddles, as defined in this section. "Peddler" includes those persons who solicit orders and make deliveries to purchasers as a separate transaction as part of a scheme or design to evade the provisions of this definition.
- Any natural person, firm, partnership, association, corporation, company or organization of any kind.
- To seek or request money, donations of money or property or financial assistance of any kind, or to sell or distribute, or attempt to sell or distribute, literature, tokens or merchandise for which a fee is charged or requested 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 charitable, religious, political or philanthropic purpose.
- Any person who solicits, as defined in this section.
This chapter shall not be held to include the acts of:
Persons who sell personal property at wholesale to dealers in such articles;
Persons engaged in the delivery of newspapers;
Merchants or their employees who deliver goods in the regular course of their business, and who are engaged in such delivery of previously ordered merchandise;
Farmers or truck gardeners who vend, sell or dispose of, or offer to sell, vend or dispose of, the products of the farms or gardens occupied and cultivated by such farmers or truck gardeners;
Manufacturers or producers in the sale of bread and bakery products, meat and meat products or milk and milk products. As used in this section, "milk and milk products" does not include ice cream or ice cream products or other frozen desserts;
Residents of the Borough selling their own private household goods and effects, including garage sales, neighborhood sales or similar casual sales of tangible personal property;
Persons engaged in the sale of goods, wares, merchandise or services donated by the owners, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
Persons selling goods at bona fide auctions, pursuant to statute, law or an order of court;
Organizations or individuals whose efforts are for charitable, religious, political or philanthropic purposes which directly benefit the Borough of Rosslyn Farms and/or its residents; and
Student or parent/faculty organizations of the Carlynton School District or other schools represented within the Borough of Rosslyn Farms.
The exemptions provided in this section apply only to persons otherwise governed by this chapter to the extent that they are engaged in exempted activities. To the extent that persons engage in activities not exempted under this section, the governing provisions of this chapter remain applicable.
Nothing in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent a person from conducting a bona fide auction sale pursuant to law.
No peddler or canvasser shall engage in any such business in the Borough without first obtaining, and having in his or her possession, a current license therefore in compliance with this chapter. Each peddler or canvasser shall secure an individual license.
An applicant for a license required pursuant to this chapter must file with the Police Department a sworn application, in writing, on a form to be furnished by the Borough, which provides the following information:
The name of the applicant;
A physical description of the applicant;
The complete permanent home address of the applicant and the local address of the applicant, if any;
A telephone number of the applicant, including a local telephone number, if any;
Unless the applicant is self-employed, the name and address of the applicant's employer, together with credentials therefrom establishing the exact relationship between the applicant and the employer;
The nature of any goods, property or services proposed to be sold or for which orders will be taken for the sale thereof;
The proposed method of delivery thereof;
The source of supply of any goods or property proposed to be sold or for which orders will be taken for the sale thereof, and the proposed method of delivery thereof;
A recent photograph of the applicant, which shall be approximately two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner, or, in lieu thereof, a valid photographic driver's license or current photographic employer's identification card;
A statement of the length of time for which the right to do business is desired;
A description of any vehicle to be used in connection with the applicant's business, including the year, brand, model and license number, if any;
A statement as to whether the applicant has been convicted of a crime, felony, misdemeanor or violation of a municipal ordinance, other than a traffic violation, and the nature of the offense and the punishment or penalty assessed therefor.
Every applicant for a license under this chapter shall pay a licensing fee as set from time to time by resolution of the Borough Council.
The fee for a license to peddle ice cream or other frozen desserts shall be as set from time to time by resolution of the Borough Council.
No fee provided for in this section shall be so applied as to occasion an undue burden upon interstate commerce. If a license fee is believed by a licensee, or by an applicant for a license, to place an undue burden upon such commerce, he or she may apply to Council for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair with respect to such commerce.
Council of the Borough of Rosslyn Farms may, by resolution, amend the fees set forth herein to cover the reasonable costs incurred by the Borough in administering this chapter.
Upon the receipt of each application for a license, the Police Chief shall immediately institute such investigation of the business responsibility of the applicant and any affiliated person or business as the Chief deems necessary for the protection of the public safety.
If, as a result of such investigation, the business responsibility of the applicant and any affiliated person or business is found to be satisfactory, the Chief shall endorse upon the application his or her approval and, upon payment of any fee applicable under this chapter, shall deliver to the applicant his or her license within seventy-two hours after the application has been filed. All fees collected shall be receipted and forwarded to the Borough Secretary's office for recording and depositing into the Borough's account.
Where a license is issued, such license shall contain the signature of the issuing officer and shall show:
The name of the licensee;
The address of the licensee;
A photograph of the licensee;
The class of license issued;
The kinds of goods to be sold;
The amount of fee paid;
The date of issuance of the license;
The date of expiration of the license;
The license number; and
An identifying description of any vehicle used.
No license may be used at any time by any person other than the one to whom it is issued.
The Chief of Police shall keep a permanent record, of all applicants for licenses, including whether said applications were approved or rejected, and shall issue a report to the Borough Secretary, upon request of Council or the Mayor, of the licenses issued and monies received.
The following organizations and individuals are exempted from a requirement to obtain a permit for soliciting and/or distributing:
Those who own real or personal property in the Borough, and whose soliciting/distributing efforts would accrue to the direct benefit of the residents of the Borough of Rosslyn Farms;
Those whose soliciting/distributing efforts are for charitable, religious, political or philanthropic purposes which directly benefit residents of Rosslyn Farms;
Student or parent/faculty organizations of the Carlynton School District or other schools represented within the Borough of Rosslyn Farms.
All other organizations and individuals are required to obtain a permit for soliciting and distributing.
An applicant for a permit required pursuant to this chapter must file with the Police Department a sworn application, in writing, on a form to be furnished by the Borough, which provides the following information:
The name and purpose of the cause for which a permit is sought;
The name and address, including the local address, if any, of any organization represented;
A statement of the length of time for which the right to distribute or solicit is desired; and
Whether any commission, fee or wage shall be expended in connection with such solicitation and the amount thereof. Otherwise, permit fees shall be as set from time to time by resolution of the Borough Council.
Upon the receipt of each application for a permit, the Chief of Police shall immediately institute such investigation of the applicant and any affiliated person or organization as the Chief deems necessary for the protection of the public safety. If, as a result of such investigation, the applicant is found to be satisfactory, the Chief shall approve the application and issue a permit to the applicant within 72 hours after the application has been file. Where a permit is issued, such permit shall contain the signature of the Chief of Police and shall show:
No permit may be used at any time by any person other than the one to whom it is issued. The Chief of Police shall keep a permanent record of all applicants for permits, including whether said applications were approved or rejected, and shall issue a report to the Borough Secretary upon request of the Council or the Mayor.
If, as a result of the investigation provided for in § 134-7 and/or § 134-10, the applicant is determined by the Police Chief to be ineligible for a license or permit, the Chief shall endorse on such application his or her disapproval and the reasons therefor, and notify the applicant of the disapproval and the reasons for the denial, that no license or permit will be issued and of the right to appeal the denial of the license or permit to the Borough Council within 14 days. Said notice shall be sent to the applicant at the address listed on the application for the license or permit, or, at the option of the applicant, at an address provided by the applicant for this purpose.
Any person aggrieved by the denial of an application for a license or permit shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Council a notice of appeal within 14 days after the notice, as set forth in § 134-11. The Council shall set a time and place for a de novo hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in § 134-11.
It shall be the duty of the holder of a license or permit to produce the license or permit upon the request of any citizen or police officer of the Borough.
No person who has been granted a license or permit pursuant to this chapter shall have an exclusive right to any location on the public streets or sidewalks. Further, no such person shall be permitted a stationary location thereon, nor be permitted or entitled under this chapter to operate from or conduct any of the activities governed by this chapter from a stationary location thereon, nor be permitted to operate in a congested area where such operations impede or inconvenience the public use of such streets or sidewalks. Any application for a permit to operate from a stationary location shall be governed and controlled by Chapter 190, Zoning, of the Code of the Borough of Rosslyn Farms.
Hours of operation.
No person who has been granted a license or permit pursuant to this chapter shall conduct any activity for which the license or permit is required during the following times:
All times set forth in this section shall refer to prevailing time.
Any resident of the Borough may display a sign reading "No Soliciting," "No Peddling," "No Canvassing" or other equivalent language on property occupied by him or her. The size of such sign shall not exceed eight inches by 10 inches nominal. No person engaged in an activity for which a license or permit is required under this chapter shall approach any home, apartment, residential dwelling or any other real property which has visibly posted upon it a sign which states "No Soliciting," No Peddling," "No Canvassing" or other equivalent language.
No person who has been granted a license required by this chapter, nor any person in his or her 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 the 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 of the Borough, for the purpose of attracting attention to goods, wares or merchandise which such licensee proposes to sell.