[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte 4-21-2014 by Ord. No. 04212014-01.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former Ch. 410, Peddling and Soliciting, which consisted of Art. I, Solicitors, Vendors, Peddlers and Transient Merchants, adopted 2-19-1979 by Ord. No. 819 (Ch. 836, Secs. 836.01 to 836.16, of the 1979 Codified Ordinances), as amended, and Art. II, Panhandling, adopted 11-17-2008 by Ord. No. 11172008-01 (Ch. 836, Sec. 836.17, of the 1979 Codified Ordinances).
As used in this article, the following terms shall have the
meanings indicated:
Any person who engages in "peddling," as defined in the definition
in this section.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery, which goods, wares, services
or merchandise the person selling or offering for sale carries with
him in traveling or has in his possession or control upon any of the
streets or sidewalks, from house to house, by visitation to private
residences or by entering in or upon private property within the Borough.
However, the words "soliciting" and "peddling" do not apply to:
Farmers seeking or taking orders for the sale of their own products;
The seeking or taking of orders by any manufacturer or producer
for the sale of bread and bakery products, meats and meat products
or milk or milk products;
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds wherefore are to be applied to any charitable, philanthropic or religious purpose, provided such activity is first registered with the Borough in accordance with § 410-2;
Any honorably discharged veteran of the armed services;
The seeking or taking of orders for insurance by insurance agents
or brokers licensed under the insurance laws of the commonwealth;
Persons, corporations, partnerships or associations, their agents
or employees, who have complied with the provisions of the Act of
Assembly of the commonwealth known as the Solicitation of Funds for
Charitable Purposes Act, 10 P.S. § 162.1 et seq., as supplemented
and amended, governing solicitations for charitable, benevolent, religious,
patriotic or other purposes.
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
In addition, this chapter shall not apply to boys or girls under
the age of 18 years who take orders for and deliver newspapers, greeting
cards, candy and the like, or who represent the Boy Scouts and Girl
Scouts or similar organizations and take orders for and deliver cookies
and the like.
Subject to the exceptions provided for in the definition
of "peddling" in this section, "soliciting" means the seeking or taking
of contracts or orders for any goods, wares, services or merchandise
for future delivery or for subscriptions or contributions, upon any
of the streets or sidewalks or from house to house or by visitation
to private residences or by entering in or upon private property within
the Borough. It further means the seeking or taking of contracts or
orders for home or other building repair, improvement and alteration
and also orders or contracts for any mechanical, electrical, plumbing
or heating device or equipment for house or other building improvement
or repair upon or from the places aforesaid within the Borough.
Any person who engages in "soliciting," as defined in the
definition in this section.
Any person, whether principal or agent, corporation, partnership
or association, entering into, beginning or desiring to begin a transient
retail business in the Borough for the sale of any goods, wares or
merchandise, who hires, leases, occupies or uses any room, apartment,
store, shop, building, railway car or other place or structure for
the exhibition and sale of such goods, wares or merchandise, who does
not remain at the same location for a period in excess of six weeks
and whose location is temporary. This definition does not include
persons, partnerships, corporations or associations exempted by the
definition of "peddling" in this section.
Solicitation of funds for charitable, religious or nonprofit
causes shall be permitted at any business establishment and upon any
business properties, such as shopping center parking lots, during
normal business hours, but those solicitors shall also register at
the Borough Building and carry identification cards.
A.
It shall be lawful for the members of any duly constituted religious
organization or any group affiliated with or forming an integral part
of such organization to minister, proselytize or communicate its goals,
purposes or philosophies on a door-to-door basis, provided the group
or individual who actually makes such call or visit registers, without
fee or charge, with the Bellefonte Police Department on a form to
be provided by the Bellefonte Police Department and kept on permanent
file at the Bellefonte Police Department. The form of such registration
certification shall be as provided by Council. Such duly constituted
religious organization shall certify, by its agent, to the Bellefonte
Police Department that such organization or integral part thereof
has received from the government of the United States current tax-exempt
status and that no part of the net income received by such organization
or integral group inures to the benefit of any individual.
B.
Upon written complaint of any citizen or resident of the Borough
that any member or group of any organized and duly constituted religious
organization has failed to leave the premises after being requested
to do so or has behaved in any manner to give offense to such resident,
the Chief of Police or his/her designee shall file an action against
such person or group before a competent authority for violation of
this section.
A peddler, solicitor or transient merchant application and permit
is available at the Police Department and may be updated from time
to time. Conditions may be placed on vendor activities. Licenses are
valid for 30 days and may be revoked at the discretion of the Bellefonte
Chief of Police or his/her designee.
No person shall engage in soliciting, peddling or transient
merchandising in the Borough without first obtaining a license therefor
as hereinafter provided.
Every person desiring to engage in soliciting, peddling or transient
merchandising in the Borough shall first make application to the Police
Department for a license, whereupon such person shall be required
to obtain a license and shall, in making such application, exhibit
such license which shall be valid. It shall be the obligation of every
person desiring to engage in soliciting, peddling or transient merchandising
within the Borough to maintain, at all times, about his person a valid
Borough license. Failure to do so shall be a violation of this article.
The application shall be upon a form prescribed by the Borough and
provided by the Police Department, which form shall contain the following
information verified by oath or affirmation:
A.
The name of the business, meaning the firm, corporation or person
owning or operating such business within the Borough and the names
of all persons, whether resident or not, participating in and assisting
in the conducting of such business, together with the name of the
applicant;
B.
The addresses of all persons, firms or corporations referred to above,
together with the address or location of any place of business or
location within the Borough from which such business will be conducted,
together with the permanent address of the applicant;
C.
The age, weight, height, color and any other descriptive information
relative to each individual as referred to in this section;
D.
A complete and accurate description of the nature and type of business
to be conducted, including, but not limited to, the procedures and
methods used in contacting and interesting potential customers and
also including the hours and days during which such business is to
be conducted;
E.
A description of any vehicle used by any of the individuals referred
to in this section, including the make, license plate number, state
of licensing, name of the registered owner, and name and operator's
number of all operators;
F.
A complete description of goods, wares, merchandise or articles to
be sold, including prices, deposits requested and copies of any contract,
if any, to be offered to the general public for such purchases;
G.
A statement as to whether or not the applicant has ever been convicted
of any crime, other than a traffic offense, and, where the answer
is in the affirmative, the nature of the offense and the punishment
imposed upon such applicant. Upon request of the Police Department,
the applicant shall submit to fingerprinting and furnish a photograph.
H.
Any other information required or desired by the Police Department.
Where a person makes application for himself and/or one or more helpers, all applicable personal information specified in § 410-6 shall be given for each helper and verified or affirmed by oath or affirmation by each individual for whom application is made, and the application shall be signed personally by each individual. An individual license shall be required for each such helper or assistant. No license under this article shall be transferable from one person to another.
No license shall be issued under this article until a period
of 72 hours has elapsed from the time of application, such period
of time to be used by the Borough Police Department for proper investigation
of each applicant.
Every solicitor, peddler, hawker, itinerate or transient merchant
or vendor engaged in a business licensed under this article shall
be responsible for the payment of earned income taxes payable by himself
or any employee thereof as a result of wages earned within the Borough
unless otherwise exempt by law.
A.
A license fee shall be paid to the Borough Police Department, for
the use of the Borough, upon the issuance of any license under this
article. A separate application shall be filed and a separate permit
fee shall be paid by each person who actually conducts the soliciting,
hawking, peddling or transient merchandising.
B.
The fee to be paid for a license shall be as established by resolution
of the Borough Council.
The license granted pursuant to this article shall be valid
for 30 days after the date of such license. Upon the expiration of
any license, if the person holding the same desires to continue or
renew soliciting or peddling, he shall file a new application for
a license and pay a new license fee. Such licenses may be issued,
in advance, for consecutive thirty-day periods, not exceeding three
in number for any calendar year, upon payment, in advance, of the
license fee due hereunder.
A license issued under this article shall state, inter alia,
the products to be sold or services to be rendered by the licensee.
Every solicitor or peddler shall at all times when engaged in soliciting
or peddling in the Borough carry such license upon his person and
shall exhibit it upon request to all police officers, Borough officials
and residents. No solicitor or peddler shall engage in selling any
product or service not mentioned on such license.
No person licensed as a solicitor or peddler under this article
shall engage in soliciting or peddling on any day of the week before
9:00 a.m., prevailing time, or after 7:00 p.m. or sunset at night,
whichever comes first. No person licensed as a solicitor or peddler
under this article shall engage in any soliciting or peddling on Sundays,
so as to provide the residents of the Borough rest and respite from
activities of this nature and the freedom to enjoy their hearths and
homes without interruption from the outside. No person licensed as
a solicitor or peddler under this article shall engage in any soliciting
or peddling on legal holidays.
No person licensed as a solicitor or peddler under this article
shall park any vehicle upon any of the streets, highways or alleys
of the Borough in order to sort, rearrange or clean any of his goods,
wares, services or merchandise, or place or deposit any refuse on
any street, highway or alley, or maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in the Borough
for longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
No person licensed as a solicitor or peddler under this article
shall occupy any fixed location upon any street, highway, alley or
sidewalk of the Borough for the purpose of soliciting or peddling,
with or without a stand or counter.
The Police Department shall keep a record of all licenses issued
under this article and shall supervise the activities of all licensees.
A.
Any license issued under this article may be suspended or revoked
at any time by the Chief of Police or his/her designee for any of
the following reasons:
(1)
The application for a license contains false statements or information.
(2)
The applicant or licensee was convicted of a crime, other than a
traffic offense, after the issuance of such license.
(3)
A consumer protection agency of the federal or state government has
notified the Borough of the receipt of a complaint arising out of
the activities of a licensee.
(4)
A complaint about the activities of a licensee has been investigated
and it has been determined by the Police Department that a violation
has occurred.
B.
All revocations/suspensions of licenses may be effective immediately
and are at the discretion of the Police Chief or his/her designee.
The appeal process must be initiated within seven days of receipt
of the revocation/suspension. The appeal process is as follows:
(1)
A written letter by the licensee to the Borough Manager with an explanation
as to why the revocation/suspension is not justified and why the license
should be reinstated. The Borough Manager shall have five days from
the time of receipt to review and make a decision.
(2)
If the licensee is not satisfied with the decision by the Borough
Manager; then the appeal, in writing, shall go to a committee appointed
by the Council President at the Council's first meeting where
notice is received. The committee shall hear the appeal and make a
decision within 30 days from the date of the Council meeting where
notice was received.
(3)
If the licensee is not satisfied with the committee decision, then
a written appeal can be submitted to the Council, where the Council
shall act on the appeal within 30 days after receipt of the appeal
in writing. Receipt of the appeal or written notice, for purposes
of this section, can only occur at a regularly scheduled Council meeting.
(4)
All costs related to appeal hearings are the responsibility of the
licensee.
No person licensed as a solicitor or peddler under this article
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Borough or use any loudspeaker, bell, whistle or
other device, by which the public is annoyed, for announcing his presence.
A.
PANHANDLING
Definition. As used in this article, the following terms shall have
the meanings indicated:
Any solicitation made in person, requesting an immediate
donation of money or other thing of value. Purchase of an item for
an amount far exceeding its value, under circumstances where a reasonable
person would understand that the purchase is, in substance, a donation,
is a donation for the purposes of this section. Except as specifically
provided in this section, panhandling does not include passively standing
or sitting with a sign or other indication that one is seeking donations,
without addressing any solicitation to any specific person other than
in response to an inquiry by that person.
B.
Place of panhandling; violation. It shall be unlawful for any person
to panhandle, and no registration issued under this section shall
be deemed to allow panhandling, including passively standing or sitting
with a sign or other indication that one is seeking donations, when
the person solicited is in any of the following places within the
Borough:
(1)
At any bus or train stop;
(2)
In any public transportation vehicle or facility, excluding airports;
(3)
In any vehicle on the street;
(4)
In a public park, fairground, or sporting facility, including entryways
or exits thereto;
(5)
Within 15 feet of the site of any automated teller machine (ATM);
(6)
On private property, unless the panhandler has permission from the
owner or occupant;
(7)
In a parking lot or garage owned or operated by the Borough, including
entryways or exits and pay stations connected therewith; or
(8)
On public property in the downtown core district.
C.
Manner of panhandling; violation. It shall be unlawful for any person
to panhandle in any of the following manners:
(1)
By blocking the path of the person solicited;
(2)
By using profane or abusive language, either during the solicitation
or following a refusal;
(3)
By panhandling in a group of two or more persons; or
(4)
By any statement, gesture, or other communication which a reasonable
person in the situation of the person solicited would perceive to
be a threat.
D.
False or misleading solicitation; violation.
(1)
It shall be unlawful for any person to knowingly make any false or
misleading representation in the course of soliciting a donation.
False or misleading representations include, but are not limited to,
the following:
(a)
Stating that the donation is needed to meet a specific need,
when the solicitor already has sufficient funds to meet that need
and does not disclose that fact;
(b)
Stating that the donation is needed to meet a need which does
not exist;
(c)
Stating that the solicitor is from out of town and stranded,
when such is not true;
(d)
Wearing a military uniform or other indication of military service,
when the solicitor is neither a present nor former member of the service
indicated;
(e)
Wearing or displaying an indication of physical disability,
when the solicitor does not suffer the disability indicated;
(f)
Use of any makeup or device to simulate any deformity; or
(g)
Stating that the solicitor is homeless, when he or she is not.
(2)
It shall be unlawful for any person to solicit a donation stating
that the funds are needed for a specific purpose and to then spend
the funds received for a different purpose.
A.
BUSINESS
DOWNTOWN CORE DISTRICT
OFF-PREMISES CANVASSING
PUBLIC PROPERTY
SOLICITATION
Definitions. The following words, terms and phrases, when used in
this article, shall have the following meanings ascribed to them,
except where the context clearly indicates a different meaning.
Any commercial establishment, service or activity operated
for financial gain.
The zoning districts known as the Waterfront and Central
Business Districts of Bellefonte Borough.
Person-to-person distribution on public property of written,
printed, drawn or illustrated matter, in whatever format, advertising
or promoting a business or business activity, including, without limitation,
handbill, circular, dodger, pamphlet, paper, booklet, sample or device.
It does not include newspapers or other printed matter contained in
receptacles.
Any street, alley, highway, parking lot, sidewalk, garage,
park, plaza, building, ground, or other property owned or controlled
by the Borough, or any portion thereof.
Person-to-person communication which, directly or indirectly,
seeks a present donation of money or other thing of material value.
B.
Prohibitions.
(1)
Off-premises canvassing. It is unlawful for any person to conduct
off-premises canvassing on public property in the downtown core district
unless:
(a)
Operating within and pursuant to a current franchise, concession
contract, permit or agreement with the Borough for the use of the
public property in question;
(b)
Operating a transportation service otherwise permitted by this
Code or state law; or
(c)
Incidental to route, delivery, service, supply or repair persons
responding to service calls and operating from clearly identifiable
vehicles.
(2)
Solicitation. It is unlawful to conduct solicitation, as defined
herein, for charitable purposes unless:
(a)
The solicitation falls within a recognized, constitutionally
guaranteed exercise of religion, press or noncommercial speech, where
money is not solicited for a present donation or exchange. Presence
and conduct is subject to all other regulations provided for in the
Code of the Borough, such as, without limitation, noise, camping,
blocking passage, licensing and permitting.
A.
SIDEWALK
Definition. As used in this section, the following terms shall have
the meanings indicated:
An improved walkway intended primarily for pedestrians, usually
running parallel to one or both sides of the pavement of a street,
and public transit waiting areas located within the public right-of-way.
B.
Prohibition. It is unlawful for any person, after having been notified by a law enforcement officer of the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket, chair, stool or any other object placed upon a public sidewalk in the downtown core district, as defined in § 410-20A.
C.
Affirmative defenses. It is an affirmative defense to the prohibition
in this section if it is shown that:
(1)
Sitting or lying down on a public sidewalk is due to a medical emergency;
(2)
As a result of age, infirmity or disability a person utilizes a wheelchair,
walker, stroller or similar device to move about a public sidewalk;
(3)
The person is operating or patronizing a commercial establishment
conducted on the public sidewalk pursuant to a street use or similar
permit; or a person participating in or attending a parade, festival,
performance, rally, demonstration, meeting or similar event conducted
on a public sidewalk pursuant to a street use or other applicable
permit;
(4)
The person is sitting on a chair or bench located on the public sidewalk
which is supplied by a public or private agency or by the abutting
private property owner;
(5)
The sitting or lying is while waiting in an orderly line for entry
to any building, including shelters, or awaiting social services,
such as provision of meals, or outside a box office to purchase tickets
to any sporting event, concert, performance, or other special event;
or
(6)
The sitting or lying is an integral part of a planned, publicized
protest by 10 or more people accompanied by incidents of speech such
as signs and literature explaining the protest, for which proper Borough
permits have been obtained.
A.
Any resident of the Borough of Bellefonte may register with the Borough
of Bellefonte Police Department by signing a registration list, application
or through any Borough-approved electronic means indicating that such
owner or resident of such home does not wish to be solicited. The
Borough of Bellefonte shall place the address only upon a registration
list for the same. Any person seeking a licensing permit under the
provisions of this chapter shall, in signing the application to obtain
the same, agree that he or she will not solicit addresses on the list
which indicates that such owner or resident of such home does not
wish to be solicited. Such a list shall be made available to the residents
of the Borough and shall be held by the Department of Police, and
a copy thereof, with addresses only, shall be given to each person
obtaining a license and identification card under the provisions of
this chapter.
B.
In the event that such person soliciting within the boundaries of
the Borough shall fail to recognize the wishes of the homeowner or
the resident of such home as expressed in the notice, then any such
attempt to solicit such home shall result in a revocation of the solicitor's
license and identification card. The revocation/suspension will take
effect immediately upon all licensees under the same entity licensed
for soliciting or peddling in the Borough, if the Police Department
finds that a violation of this section has occurred.
