[Ord. 2014-7, 5/19/2014]
2.
CANVASSER
CANVASSING
LICENSEE
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this Part 1, the following terms shall have the meanings indicated, unless a different meaning appears from the context:
Any person who engages in canvassing, as defined in this Part 1.
Conduct, other than soliciting or peddling as defined in this Part 1, which involves the examination, discussion, requesting, distribution and/or accumulation of opinions, votes, support or any information or communication, whether or not protected under the Constitution of the Commonwealth of Pennsylvania or the United States, upon any of the streets or sidewalks or from house to house, or from or to persons in commercial, industrial, professional or any other sort of building whatsoever, within the Borough of Doylestown. Contributions sought in connection with or in support of the above-described conduct, including payments for books, pamphlets or other materials connected with or in support of the canvasser's message or mission, also qualify as canvassing and shall not be subject to solicitation requirements.
Any person who has obtained a license for soliciting or peddling under this Part 1.
Any person engaged in peddling, as defined in this Part 1.
The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which 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 or from house to house, or to persons in commercial, industrial, professional or any other sort of building whatsoever, within the Borough of Doylestown. This definition of "peddling" excludes canvassing, as defined in this Part 1.
Any natural person, association, partnership, firm or corporation.
The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery or for subscriptions or contributions, including the seeking or taking of contracts or orders for house or other building repairs, improvements and alterations, and also including orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon any of the streets or sidewalks or from house to house or from persons in commercial, industrial, professional or any other sort of building whatsoever, within the Borough of Doylestown. This definition of "soliciting" excludes canvassing, as defined in this Part 1.
Any person who engages in soliciting, as defined in this Part 1.
3.
For purposes of this Part I, the singular shall include the plural,
and the plural shall include the singular; the masculine shall include
the feminine and the neuter.
[Ord. 2014-7, 5/19/2014]
1.
Except as provided in Subsection 2 below, no person shall engage in soliciting or peddling in the Borough of Doylestown without first having applied for and received a license as hereinafter provided.
2.
No license shall be required for:
A.
The sale, or offering for sale, of goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose within the meaning of Section
501(c)(3) of the Internal Revenue Code.
B.
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania.
C.
Farmers selling, or offering for sale, their own produce.
D.
The sale, or offering for sale, of bread and bakery products, meat
and meat products or milk and milk products by any manufacturer or
producer thereof.
E.
Any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 1990, December 19, P.L. 1200,
No. 202 (10 P.S. § 162.1 et seq.).
F.
Children, under the age of 18 years, who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like, or
who represent the Girl Scouts of America or the Boy Scouts of America
or similar organizations.
G.
Any recognized volunteer fire company or volunteer rescue unit.
H.
Persons seeking local, county, state or federal elective office or
persons engaged on behalf of a candidate for local, county, state
or federal elective offices.
I.
Persons engaged in the distribution, without cost or charge, of religious
materials.
J.
Canvassing.
4.
A license shall be required for each natural person, association,
partnership, firm or corporation engaged in soliciting or peddling
and shall further be required, on an individual basis, for and in
the name of each proposed solicitor or peddler engaged as an employee,
helper, agent or representative; and, except as otherwise provided,
license fees shall be charged on the basis of each separate license
so issued.
[Ord. 2014-7, 5/19/2014]
1.
Every person desiring to engage in soliciting or peddling within
the Borough of Doylestown shall first make application to the Code
Enforcement Officer of the Borough or his designee for a license.
If such person shall also be required to obtain a license from any
county officer, he shall, on making such application, exhibit a valid
county license.
2.
Every application shall be upon a form provided by the Code Enforcement
Officer and shall contain, at a minimum, the following information
and be verified by oath or affirmation:
A.
The full name of the applicant and permanent address as well as any
local address, if any.
B.
The name and address of his employer or sponsor.
C.
The purpose of the proposed soliciting and/or peddling as well as
a description of the nature of any goods, wares, devices, articles,
subscriptions, contributions, contracts or services to be offered
for sale or provided or for which he wishes to solicit within the
Borough of Doylestown.
D.
A listing of all misdemeanors, felonies or violations of any municipal
ordinances for which the applicant has been convicted, the factual
nature of the offense and the punishment assessed therefor. Where
the applicant is not a natural person, the provisions of this subsection
shall apply to the officers, partners, managers or other persons in
charge of such entity.
E.
The place or places within the Borough of Doylestown where the applicant
proposes to engage in soliciting and/or peddling and the length of
time he proposes to do so.
F.
The place or places, within or without the Borough of Doylestown,
where he, within two years preceding the date of said application,
did conduct soliciting and/or peddling.
G.
A brief statement of the nature and character of any public advertising
to be done in conjunction with the proposed soliciting and/or peddling.
H.
Credentials showing that any individual applicant, acting as a representative
of another, is authorized to act as such representative.
I.
A photograph of the applicant, taken within 30 days immediately prior
to the date of filing of the application, which picture shall be two
inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner. Where the applicant is not a
natural person, the provisions of this subsection shall apply to the
officers, partners, managers or other persons in charge of such entity.
J.
If a vehicle is to be used, a description of same, together with
the registration number. If the vehicle to be used is replaced after
a person obtains a license, that licensee shall provide the Borough
with updated vehicle information prior to use of such replacement
vehicle.
K.
A complete list of the names and addresses of all employees, agents,
helpers or representatives to be engaged by the applicant in the proposed
soliciting and/or peddling. Each person who engages in any activity
requiring a license shall obtain his or her own license.
3.
The Code Enforcement Officer or his designee shall hold each application
for a five-day period during which the Chief of Police or his designee
shall conduct a criminal background check on each applicant.
[Ord. 2014-7, 5/19/2014]
1.
Application for license shall be made at the office of the Code Enforcement
Officer, Doylestown Borough Hall, between the hours of 9:00 a.m. and
4:00 p.m. on any day except Saturday and Sunday.
2.
The Code Enforcement Officer, after approval of the Chief of Police, may deny the issuance of a license for cause in the case of any person not satisfying the provisions of this Part 1, or in the event that the conduct of the proposed soliciting and/or peddling would be injurious to the public health, safety or general welfare, or in the event that the background check indicates that the applicant has been convicted of a crime involving moral turpitude; otherwise, he shall issue a license to the applicant. Any license so issued shall contain the information required to be given upon the application therefor.
3.
The Code Enforcement Officer, after approval by the Chief of Police, may suspend or revoke, at any time, any license issued under this Part 1 if the Code Enforcement Officer determines or if there is a determination of any of the following:
A.
The application for the license contained false information;
B.
The licensee has been soliciting and/or peddling within the Borough
of Doylestown in a manner which is injurious to the public health,
safety or general welfare;
C.
The licensee has been convicted of a crime involving moral turpitude;
or
[Ord. 2014-7, 5/19/2014]
1.
Licenses may be issued for such periods as shall be established from
time to time by resolution of Borough Council and shall be valid only
for the period issued, unless sooner revoked or suspended for cause
as hereinabove set forth. License fees shall be established from time
to time by resolution of Borough Council.
2.
The following are exempt from any license fees imposed by this Part 1:
A.
Any honorably discharged member of any of the armed services of the
United States who complies with the provisions of the Act of 1867,
April 8, P.L. 50 (60 P.S. § 61).
B.
Any natural person not receiving compensation and acting on behalf
of an organization holding an exemption for federal income tax purposes
under Section 501(c)(4) of the Internal Revenue Code.
C.
Any organization holding an exemption for federal income tax purposes
under Section 501(c)(4) of the Internal Revenue Code.
D.
Any person who is exempt from payment of a license fee pursuant to
this section shall, nevertheless, be responsible to pay for the actual
cost of the criminal background check required pursuant to § 103,
Subsection 3, above.
[Ord. 2014-7, 5/19/2014]
Every licensee shall, at all times while engaged in soliciting
and/or peddling in the Borough of Doylestown, carry such license upon
his person and shall exhibit such license, upon request, to all police
officers, Borough officials and citizens of the Borough of Doylestown.
No solicitor or peddler shall engage in soliciting or peddling in
any manner which is inconsistent with that mentioned and described
upon such license, nor shall any person use any vehicle for soliciting
or peddling other than the vehicle registered upon his license.
[Ord. 2014-7, 5/19/2014]
No person shall engage in soliciting and/or peddling at any
time on Sunday, or upon any other day of the week before 9:00 a.m.
or after 9:00 p.m., prevailing time. No person shall engage in canvassing
before 9:00 a.m. or after 9:00 p.m., prevailing time, on any day of
the week.
[Ord. 2014-7, 5/19/2014]
No person engaged in canvassing, soliciting and/or peddling
shall hawk or cry his goods, wares, merchandise, offers, contracts,
services, solicitations, information and/or communications upon any
of the streets or sidewalks of the Borough of Doylestown, nor shall
he use any loudspeaker or horn or any other device for announcing
his presence or conducting his canvassing, soliciting and/or peddling.
[Ord. 2014-7, 5/19/2014]
No person engaged in canvassing, soliciting and/or peddling
shall park any vehicle upon any of the streets or alleys of the Borough
of Doylestown in order to sort, arrange or clean any of his goods,
wares or merchandise, or samples, order books, contracts, circulars,
literature or advertising matter pertaining thereto; nor may any such
person place or deposit any refuse upon any such streets or alleys;
nor may any such person maintain or keep a street or curbstone market
or canvassing, solicitation and/or peddling office by parking any
vehicle upon any such street or alley for longer than is necessary
to canvass, solicit from or peddle to persons residing in the immediate
vicinity.
[Ord. 2014-7, 5/19/2014]
1.
No person engaged in soliciting and/or peddling shall occupy any
fixed location upon any of the streets or alleys or sidewalks of the
Borough of Doylestown for the purpose of soliciting and/or peddling,
with or without any stand or counter.
2.
No person engaged in canvassing shall occupy any fixed location upon
any of the streets, alleys, or sidewalks of the Borough of Doylestown
for the purpose of canvassing with any stand, counter, table, or similar
device without advance approval of the Borough. A person who wishes
to canvass in this manner must apply for approval at least two (2)
business days in advance on a form provided by the Code Enforcement
Officer, which shall contain the following information and be verified
by oath or affirmation:
A.
The full name of the applicant and permanent address as well as any
local address, if any.
B.
The name and address of his employer or sponsor.
C.
The place or places within the Borough of Doylestown where the applicant
proposes to engage in canvassing and the length of time he proposes
to do so.
D.
A brief description of any proposed device (e.g., stand, counter,
table) to be used as part of the proposed canvassing, including dimensions
and placement.
E.
Credentials showing that any individual applicant, acting as a representative
of another, is authorized to act as such representative.
F.
A complete list of the names and address of all employees, agents,
or representatives to be engaged by the applicant in the proposed
canvassing.
G.
Such other information as the Code Enforcement Officer may deem reasonably
necessary to permit him to assess whether the proposed canvassing
will threaten the public health, safety and welfare by interfering
with emergency access and free movement on streets, alleys, or sidewalks
of the Borough of Doylestown.
3.
The Borough Code Enforcement Officer shall grant the approval sought under § 110, Subsection 2, if:
A.
The applicant provides all information required under this section;
B.
The proposed canvassing does not threaten the public health, safety
and welfare by interfering with emergency access and free movement
on streets, alleys, or sidewalks of the Borough of Doylestown; and
C.
The applicant agrees to comply with any modifications or conditions
requested by the Borough Code Enforcement Officer to ensure emergency
access and free movement on streets, alleys, or sidewalks of the Borough
of Doylestown.
4.
Any person engaged in canvassing who occupies any fixed location
upon any of the streets or alleys or sidewalks of the Borough of Doylestown
for the purpose of canvassing and does so without any stand, counter,
table, or similar device does not require advance approval of the
Borough but shall not threaten the public health, safety and welfare
by interfering with emergency access and free movement on streets,
alleys, or sidewalks of the Borough of Doylestown.
[Ord. 2014-7, 5/19/2014]
The Code Enforcement Officer shall keep a complete record of all licenses issued under this Part 1, and he shall monitor the activities of all licensees within the Borough of Doylestown during the period that such license remains in effect.
[Ord. 2014-7, 5/19/2014]
1.
Any owner or lawful occupant of any residence within the Borough
of Doylestown who wishes to prohibit soliciting or peddling by a licensee
at his or her residence may register the address of such residence
on a do-not-sell list with the Code Enforcement Officer or his designee.
2.
As of the date of the registration of a residential address on the
do-not-sell list, all soliciting and peddling by a licensee at such
address shall be prohibited until such time, if at all, that the address
has been deleted from the do-not-sell list.
3.
The Code Enforcement Officer shall maintain a current copy of the
do-not-sell list and provide the most -current copy of the list to
licensees.
4.
Neither the Borough nor any of its officers, employees, agents or
authorized volunteers shall be liable to any person for any injuries,
damages or liabilities of any kind arising from or relating to any
errors or omissions that may occur in compiling or maintaining the
do-not-sell list.
5.
This section shall not prevent any owner or lawful occupant of any
property in the Borough, residential or otherwise, from posting a
sign that states "No Peddlers," "No Solicitors," "No Canvassers,"
or words of similar import.
[Ord. 2014-7, 5/19/2014]
It shall be unlawful for any person, while peddling, soliciting,
or canvassing, to knock, ring the doorbell, or otherwise attempt to
gain the attention of the occupant(s) of a residence in the Borough
where the owner, occupant, or person legally in charge of the premises
has posted at the primary entrance to the premises, or at the entry
to the principal building on the premises, a sign bearing the words
"No Peddlers," "No Solicitors," "No Canvassers," or words of similar
import.
[Ord. 2014-7, 5/19/2014]
The following activities are hereby prohibited, unlawful and
declared to be a nuisance:
1.
Entering a private residence or place of business within the Borough
of Doylestown by a canvasser, solicitor and/or peddler under false
pretenses, for the purpose of canvassing, soliciting and/or peddling;
2.
Remaining in a private residence or upon the grounds thereof, or
in any place of business or upon the grounds thereof, after the owner
or person lawfully in possession thereof shall have requested him
to leave;
3.
Going in and upon the premises of a private residence or place of
business by a canvasser, solicitor and/or peddler for the purpose
of canvassing, soliciting and/or peddling, when the owner or person
lawfully in possession thereof has posted, displayed, and consistently
enforced a "No Soliciting" sign, or similarly worded sign, upon such
premises in a manner and at such location it is reasonably visible
to and can be read by any potential canvasser, solicitor or peddler;
4.
Soliciting or peddling at a residence on the do-not-sell list;
5.
Fraud or misrepresentation;
6.
Conducting soliciting or peddling contrary to the terms of the license;
7.
Conducting soliciting or peddling without obtaining a license, when
a license is required; and/or
8.
Conducting canvassing in a manner that threatens the public health,
safety and welfare by interfering with emergency access and free movement
on streets, alleys, or sidewalks of the Borough of Doylestown.
