As used in this article, the following terms
shall have the meanings indicated:
Each individual who personally hands out or goes from place
to place or house to house to hand out any circulars, posters, pamphlets,
samples of merchandise or any other matter, without the previous request
of the recipient of such matter.
No person shall engage in the activities of
a commercial distributor in the Borough without first obtaining a
permit as hereinafter provided.
An application for a permit shall be made to
the Borough Clerk on forms to be supplied by the Clerk and stating:
A.
Name, birth date, social security number and driver's
license of the applicant;
B.
Permanent home address;
C.
Name and address of the firm represented, if any;
D.
Business references, where applicable;
E.
Place or places of residence of the applicant of the
preceding three years;
F.
Length of time for which the permit is desired;
G.
Matter to be distributed;
H.
Whether or not the applicant has been charged, arrested
or convicted of a crime, misdemeanor or violation of any municipal
ordinance and the nature of the offense, if any, for which convicted;
I.
Such other information as may be relevant to compliance
with regulations governing such permits;
J.
License number of vehicle(s) to be used.
A permit to distribute printed matter shall
not be required in the following instances:
A.
When the person or persons in actual occupancy of
the house or premises to which printed matter shall be distributed
or placed have previously ordered the same.
B.
The distribution of noncommercial, religious or political
literature, handbills or notices protected by the First Amendment
to the United States Constitution.
(1)
This article shall apply only to commercial distributors.
Noncommercial, religious and/or political distributors protected by
the First Amendment to the United States Constitution are not required
to obtain a permit, provided that the noncommercial, religious and/or
political distributing does not encompass generally accepted definitions
of "commercial activity."
(2)
The time restrictions set forth in § 200-31A(5) shall apply only to commercial distributors. Noncommercial, religious and/or political distributing protected by the First Amendment to the United States Constitution shall be permitted from 9:00 a.m. to 9:00 p.m. on weekdays and weekends.
C.
Newspapers qualified to be sent through the mails
as second-class matter under the postal regulations of the United
States of America.
D.
Periodicals published or circulating in the Borough.
A.
The Chief of Police shall cause such investigation
to be made of the applicant's business and moral character as he deems
necessary for the protection of the public good.
B.
Based upon his investigation and findings, the Chief of Police shall signify his approval or rejection of the application, and the permit shall be issued by the Borough Clerk upon payment of the fee provided for in § 200-29 below.
C.
Such permit shall specify the dates the permit is
effective.
The fee for a distributor's permit shall be
$10 per day or $150 per year for an annual permit for each person
to whom a permit is issued, and the Borough Clerk shall endorse on
each permit the amount of the fee and the dates for which said license
shall be valid.
The holder of every permit shall carry the same
on his person and shall exhibit the same to any police officer or
any person when requested to do so.
A.
No permittee shall:
(1)
Perform any activity other than described in the application pursuant to § 200-26G of this article;
(2)
Delay his departure for any unreasonable length of
time after any owner, tenant, resident or other person has signified
his lack of intention to receive any distributed matter;
(3)
Annoy or harass any owner, tenant, resident or other
person by the use of indecent, offensive or insulting remarks, actions
or gestures;
(4)
Approach any building or property except on the walks
or paths leading to the front door of such building or property without
crossing any lawns, shrubbery, flowers or private grounds;
(5)
Engage in the permitted activity except between the
hours of 9:00 a.m. and 5:00 p.m. on weekdays; or
(6)
Place any distribution in a commercial or residential
mailbox.
A.
Permits issued under this article may be revoked by
the Chief of Police after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation, or false statement in the
application for the license;
(2)
Fraud, misrepresentation, or false statement made
in the course of carrying on the permitted activity in the Borough;
(3)
Any violation of this article;
(4)
Conviction of any crime involving moral turpitude
or of any ordinance concerning distributing:
(5)
Conducting the permitted activity in the Borough in
an unlawful manner or in such a manner as to constitute a menace to
the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a permit shall
be given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be given personally
or mailed to the permittee at his last known address at least five
days prior to the date set for hearing.
C.
Such permit may, pending revocation proceedings, be
suspended for not more than two weeks by the Chief of Police if, in
his opinion, the conduct of the permittee is detrimental to the health,
safety and welfare of the Borough.
A.
Any person aggrieved by the action of the Chief of
Police in the revocation of a license as provided within this article
shall have the right of appeal to the Council upon such action.
B.
Such appeal shall be taken by filing with the Council
within 14 days after notice of the action complained of has been given
and shall consist of a written statement setting forth fully the grounds
for the appeal.
C.
The Council shall set a time and place for hearing
on such appeal, and notice of such hearing shall be given to the appellant.
D.
After such hearing, the Council may affirm or reverse
the action from which the appeal is taken.
