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:
CANVASS
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.
CANVASSER
A person, whether or not he or she is a resident of the Borough,
who canvasses, as defined in this section.
DISTRIBUTE
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.
DISTRIBUTOR
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.
PEDDLE
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.
PEDDLER
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.
PERSON
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
SOLICIT
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.
SOLICITOR
Any person who solicits, as defined in this section.
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:
A. The name of the applicant;
B. A physical description of the applicant;
C. The complete permanent home address of the applicant
and the local address of the applicant, if any;
D. A telephone number of the applicant, including a local
telephone number, if any;
E. 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;
F. The nature of any goods, property or services proposed
to be sold or for which orders will be taken for the sale thereof;
G. The proposed method of delivery thereof;
H. 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;
I. 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;
J. A statement of the length of time for which the right
to do business is desired;
K. 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;
L. 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.
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:
A. The name and purpose of the cause for which a permit
is sought;
B. The name and address, including the local address, if
any, of any organization represented;
C. A statement of the length of time for which the right
to distribute or solicit is desired; and
D. 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.
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.
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.