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 therefor 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. Addresses:
(1) The complete permanent home address of the applicant; and
(2) 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.
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 $25 per day, $100 per week and $200 per month.
If, as a result of the investigation provided for in §
235-7 or
235-10, 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 §
235-11. 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 Section 866.11.
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 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.
See Chapter
1, General Provisions, §
1-2, for the general penalty provisions of this Code.