Whenever used in this article, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
CHARITABLE and PHILANTHROPIC
Includes patriotic, religious, service, welfare, benevolent,
educational, civic or fraternal corporations, organizations, associations
and societies.
CONTRIBUTION
Includes alms, food, clothes, money, subscription or property
of any nature or kind.
PERSON or ORGANIZATION
Any individual, firm, copartnership, corporation, company,
association, church, religious denomination, society, class or league.
SOLICIT and SOLICITATION
The direct or indirect request for money, credit, property,
financial assistance and other things of value on the plea or representation
that such money, credit, property, financial assistance or other things
of value will be used for a charitable and philanthropic purpose as
defined in this article. Solicitation shall be deemed to be complete
when made, whether or not the person making it receives any contribution.
No person or organization shall solicit charitable and philanthropic
contributions within the Borough without first obtaining a permit
authorizing such public solicitations, but the provisions of this
article shall not apply to established persons or organizations authorized
and not operated for pecuniary profit, if the solicitations by the
persons or organizations are conducted among the members or if the
solicitations are in the form of collections or contributions at the
regular assembly or meetings of the persons or organizations.
The investigation required under §
127-3 of Chapter
127, Licensing, shall be limited to that sufficient for the Chief of Police to determine that the person or organization is bona fide. On making such a determination, the Chief of Police shall approve the application and notify the Clerk.
If the application is approved, the Clerk shall immediately
notify the applicant and issue the permit without charge. If the application
is disapproved, a notification of that decision shall immediately
be sent to the applicant by the Clerk stating the reasons for such
disapproval.
If the application has been disapproved, the applicant may appeal
the decision to the Council by filing a written notice of appeal with
the Clerk within 14 days after the notice of disapproval. The Council
shall hold a hearing within 10 days and its decision shall be final.
There shall be no fee payable to the Borough for any charitable
solicitation permit.
No permit may grant the right to solicit for a period longer
than 90 consecutive days.
Any person or organization receiving money or any other thing
for a value of $1 or more from any contributor, under a solicitation
made pursuant to this article, shall give the contributor a written
receipt signed by the solicitor showing the date and the amount received,
but this article shall not apply to any contribution collected by
means of a closed box or receptacle approved for the solicitation
by the Council, where it is impractical to determine the amount of
each contribution.
All solicitations conducted under the authority of this article
shall take place between the hours of 10:00 a.m. and 9:00 p.m., and
no solicitations shall be conducted on Sundays. Any person or organization
desiring to solicit at other hours shall make a special request on
the application, and this special request shall be approved or disapproved
by the Council. If granted by the Council, the approval shall be plainly
stamped on the permit.