[HISTORY: Adopted by the Borough Council of the Borough of Danville 8-15-1960 by Ord. No. 149 (Ch. 93 of the 1975 Code); amended in its entirety 11-12-2013 by Ord. No. 516. Subsequent amendments noted where applicable.]
Words and terms defined. As used in this chapter, the following terms shall have the meanings indicated:
- NO SOLICITATION LIST
- A list of residential properties located within the Borough of Danville indicating that the owner/occupant of that address does not wish to have a person or persons peddling at that location. This list does not apply to Subsection (1)(a) through (f) of the definition of "peddling." This list will be organized alphabetically by street name and will be updated when new addresses are added. A copy of this list will be provided to the peddler when he or she acquires a Danville Borough solicitation permit. A copy of this list will be available at the Danville Police Department.
- Any person who shall engage in peddling, as defined below.
- Engaging in selling, peddling, canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets, alleys, sidewalks, public or private parking lots or from house to house within the Borough of Danville.
- (1) The word "peddling" shall not apply to:
- (a) Farmers selling their own produce and/or goods;
- (b) The sale of goods, wares, and merchandise, donated by the owners thereof, or the proceeds of which sale are to be applied to a local charitable or philanthropic purpose;
- (c) Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk or milk products;
- (d) Children residing within the Danville Area School District under the age of 18 years of age who take orders for and deliver newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts;
- (e) Civic organizations located within Danville, Pennsylvania;
- (f) Local businesses located within Danville, Pennsylvania.
- Any natural person, partnership, firm, associate or corporation.
Word usage. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in peddling in the Borough of Danville without first acquiring a license as herein provided.
Each and every person desiring to engage in selling, canvassing, soliciting or peddling in the Borough of Danville must apply in person to the Danville Borough Police Department for said license. Each applicant, as well as any supervisor/manager accompanying said applicant, will be required to personally produce the following:
A valid state-issued driver's license or valid state-issued identification card, which must be in their possession. If the applicant is unable to produce a valid state-issued driver's license or valid state-issued identification card, a permit will not be issued to that individual.
Valid state-issued registration cards for any and all vehicles soliciting in the Borough of Danville and a description of said vehicles.
Such individual must provide a current address and phone number of their residence. If the applicant or supervisor is temporarily staying at a hotel or motel while soliciting in the Borough of Danville, they must provide the following: the name of the hotel or motel, the room number, and the location of the hotel/motel. They must also provide a cellular phone number for the applicant in the event Danville Police Department personnel need to speak with the applicant and/or supervisor in regards to their permit.
Such individual must complete and sign a form indicating if they have ever been convicted of a crime. If yes, please list.
Such individual must provide the name, address and phone number of the last two communities who issued them a permit.
Such individual must indicate if they have ever had a solicitation permit canceled or revoked and the reason why the permit was canceled or revoked and the location of where the permit was canceled or revoked.
Such individual must provide a list of the type of goods, wares and merchandise he/she wishes to peddle; the name of the business which they represent; the address and phone number for the business; the name of their immediate supervisor and his/her contact information.
A photograph will be taken of the individual; one copy of the photo will be attached to the solicitation permit and a copy will be retained at Danville Police Department.
Once the application is completed, the Danville Police Department shall conduct a criminal record check of each applicant prior to the issuance of any permits. Permits will not be issued to any individual who has an active arrest warrant. A permit may be denied if the applicant has a criminal arrest history involving violent crimes such as, but not limited to: rape, robbery, assault, sexual assault or offenses against property such as, but not limited to, burglary or theft.
No license shall be issued under this chapter until a nonrefundable fee of $25 (per person) has been paid to the Borough of Danville. Each license shall be good for a period of five business days (defined as Monday, Tuesday, Wednesday, Thursday, and Friday) from the date of issue and shall be renewable upon application to the issuing agent, as long as no complaints have been filed with the Police Department regarding their permit.
Upon making application therefor and paying the proper fee, as herein specified, a license shall be issued to each and every peddler. Such license shall contain all of the required information. The peddler shall, at all times while engaged in peddling in the Borough of Danville, carry such license upon his person and shall exhibit such license, upon request, to all police officers, Borough Officials, or citizens within the Borough of Danville. No license under this chapter shall be transferable from one person to another. No peddler shall engage in selling any product not mentioned upon such license. No peddler shall solicit any residence on the No Solicitation List.
No person licensed as a peddler under this chapter shall engage in peddling at any time on Saturday or Sunday or upon any other day of the week before 9:00 a.m. or after 6:00 p.m. Furthermore, no person licensed as a peddler under this chapter shall engage in peddling on any street, alley, sidewalk or public or private parking lot when the street is closed by the order of Danville Borough Council or during any special events approved by the Borough of Danville, such as, but not limited to, parades, conventions, or street fairs.
No person shall engage in door-to-door solicitation without first obtaining a Danville Borough solicitation permit. [This does not apply to persons listed in Subsection (1)(a) through (f) of the definition of "peddling."]
No person shall direct, supervise, or allow any person to engage in door-to-door solicitation without that person first obtaining a Danville Borough solicitation permit. [This does not apply to persons listed in Subsection (1)(a) through (f) of the definition of "peddling."]
No peddler shall enter within the perimeter of any residential property in the Borough of Danville who is listed on the No Solicitation List, which will be provided to the applicant during the application process. A copy will also be available at the Danville Police Department, 235 Mill Street, Danville, Pennsylvania.
No person licensed as a peddler under this chapter shall hawk or cry his wares upon any street, alley or sidewalk, or public or private parking lot in the Borough of Danville, nor shall he/she use any loudspeaker or horn or any other device for announcing his/her presence by which the public is annoyed.
No person licensed as a peddler under this chapter shall park any vehicle upon any street, alley, sidewalk, or public or private parking lot of the Borough in order to sort, rearrange, or clean any of his goods, wares or merchandise, place or deposit any refuse, or maintain or keep a street or curbstone market.
No person licensed as a peddler under this chapter shall occupy any fixed location upon any street, alley, sidewalk, or public or private parking lot in the Borough of Danville for the purpose of peddling, with or without any stand or counter.
Danville Police Department shall keep a record of all licenses issued under this chapter and shall supervise the activities of all holders of such licenses.
The Chief of Police or his/her designee is hereby authorized to suspend any and all licenses issued under this chapter to a person or a group of persons when they deem such suspension to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this chapter, or for giving false information upon any application for a license hereunder.
Any person whose license has been suspended shall be entitled to appear before the Borough Council at the next regular or special meeting and be heard in behalf of a request for reinstatement of his license. The Borough Council shall hear the licensee at that time, if the licensee has given the Council at least five days' notice in writing of his/her desire for a hearing. Otherwise, the Council may hear the licensee at that time or may decline to hear the licensee at that time, in which case it shall schedule a hearing within five days from that date. Following the hearing, the Council may reinstate, revoke or continue the suspension of the license for a period not to exceed five years. No person shall be denied a license or have his license suspended or revoked except by procedures consistent with due process of law.
Any person violating § 170-7C shall be in violation of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 3503(b)(1)(i), regarding criminal trespassers (defiant trespassers).
Any person violating any provision of this chapter except § 170-7C shall, upon conviction thereof, be punishable by a fine of not more than $300 and the cost of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense.
This section is not the exclusive remedy for violation of this chapter. The penalties of this section are in addition to any other civil or criminal remedy provided by law.
It shall be the duty of the Danville Borough Police Department to enforce the terms of this chapter and secure compliance with the requirements thereof.