[HISTORY: Adopted by the Borough Council of the Borough of
Bell Acres 11-14-2011 by Ord. No. 270. Amendments noted where
applicable.]
It is the purpose of this chapter to regulate persons who solicit
in the Borough, whether on behalf of a charitable organization, a
commercial enterprise, or otherwise.
It shall be unlawful for any person to solicit in the Borough
without first obtaining a permit ("Borough Permit") for that purpose
as provided in this chapter. A volunteer who receives no compensation
of any type from, or in connection with, a solicitation by a charitable
organization which has qualified for a tax exemption under § 501(c)(3)
of the Internal Revenue Code of 1954, and who is 18 years of age or
younger, is exempt from obtaining a Borough permit as provided in
this chapter. Also exempt from obtaining a Borough permit are members
of any committee, association, department, or other entity created
or recognized by Borough resolution.
When used in this chapter, the following terms shall have the
following meanings:
Any Borough employee designated by the Borough Manager.
To go from door to door in the Borough to inform residents
of political or religious issues, but without the soliciting of contributions
or pledges from residents or occupants.
A person who canvasses.
The Solicitation of Funds for Charitable Purposes Act enacted
by the Commonwealth of Pennsylvania, 10 P.S. § 162.1, et
seq., as such act may be amended from time to time.
Has the meaning set forth in the Charitable Solicitation
Act.
Any individual, organization, corporation, association, partnership,
trust, foundation or other entity, however styled, including but not
limited to charitable organizations, business organizations, commercial
coventurers, professional fundraising counsel, professional solicitors,
and volunteer fundraisers and solicitors.
Has the meaning set forth in the Charitable Solicitation
Act.
Has the meaning set forth in the Charitable Solicitation
Act.
To go from door to door in the Borough soliciting contributions
or pledges for contributions, or selling or attempting to sell subscriptions,
products or services, or taking orders or attempting to take orders
for subscriptions, products or services from or to an occupant of
a residence.
Acts of individual solicitors on behalf of a particular person.
A person who solicits.
The person on whose behalf solicitors are acting.
A permit issued by the Bureau of Charitable Organizations
of the Department of State, pursuant to the terms of the Charitable
Solicitation Act.
Applicants for a Borough permit must file with Borough staff
a sworn application in writing on a form to be furnished by the Borough
which shall give the following information:
A.
The name of the soliciting organization, and any other name or names
under which solicitors acting on behalf of the soliciting organization
will solicit.
B.
The principal address and telephone number of the soliciting organization
and the addresses and telephone numbers of any offices of the soliciting
organization in the Commonwealth of Pennsylvania.
C.
The names and addresses of the officers, directors, trustees, and
principal salaried executive officers of the soliciting organization.
D.
The names and addresses of any professional solicitors, professional
fundraising counsel and commercial coventurers who have agreed to
act on behalf of the soliciting organization.
E.
The names and addresses of each individual who will be soliciting
in the Borough on behalf of the soliciting organization, together
with the make, model, year, color and license plate number of automobiles
used by the individuals during the period of solicitation and the
numbers of their drivers licenses and the states of issuance.
F.
The purpose of the solicitation in the Borough.
G.
The period and times during which the solicitation is to be conducted.
Any changes to the period and times listed in the application following
the issuance of the Borough permit shall be documented by way of an
amendment to the original application submitted to Borough staff at
least 10 days prior to the new solicitation dates. No additional fees
shall be required for the amended application.
H.
In the case of goods or subscriptions to be offered for sale, a brief
description of the nature of the business of the soliciting organization,
and the goods or subscriptions to be offered for sale.
I.
The application for a Borough permit shall be accompanied by the
original of the soliciting organization's state permit as well as
the state permit of any commercial coventurer, professional fundraising
counsel or professional solicitor acting on behalf of the soliciting
organization, or a sworn, written statement of the applicant indicating
that such applicant is:
A.
Upon receipt of a duly completed application, the fee prescribed in § 136-6, the original of the soliciting organization's current and valid state permit (if applicable), and the current and valid state permit of any commercial coventurer, professional fundraising counsel or professional solicitor acting on behalf of the soliciting organization, the Borough staff shall issue Borough permits to the soliciting organization, any commercial coventurers, professional fundraising counsel, professional solicitors, and each individual person soliciting on behalf of the soliciting organization, whether as an employee or independent contractor of the soliciting organization, commercial coventurer, professional fundraising counsel or professional solicitor, or as a volunteer. Each Borough permit issued to an individual shall contain the name and address of such individual, along with the name and address of the soliciting organization, and shall be visible to the public at all times during the solicitation. The application for a Borough permit shall be kept on file by the Borough and shall be available for public inspection. The Borough permits issued under this section shall be valid until December 31 of the year when issued.
B.
Borough staff may deny the application for a Borough permit if the
application is incomplete, is not accompanied by all required state
permits, is not accompanied by a fee, or if the soliciting organization,
commercial coventurers, professional fundraiser or professional solicitor
has been convicted of or has plead guilty or nolo contendere to violating
the provisions of this chapter within a period of one year prior to
the date of the application, or any burglary, violent crime, or any
felony or misdemeanor involving fraud or misrepresentation. In addition,
a Borough permit may be denied to any individual listed on the application
who has been convicted of or has plead guilty or nolo contendere to
violating the provisions of this chapter within a period of one year
prior to the date of the application, or any burglary, violent crime,
or any felony or misdemeanor involving fraud or misrepresentation.
An application for a Borough permit shall be approved or rejected
within a period of five days from the date it is submitted. If an
application for a Borough permit is rejected, the Borough staff shall
set forth the reasons therefor in writing.
C.
The Borough Secretary shall keep a permanent record of all Borough
permits issued and all Borough permit applications rejected, and shall
issue a monthly report thereon to the Borough Council.
The application fee for each Borough permit for each individual
shall be $150, which will reimburse the Borough for its costs in conducting
a criminal records check on the person seeking the Borough permit
and for the costs of preparing the Borough permit.
In the course of a solicitation, each solicitor shall comply
with the following:
A.
No solicitor shall solicit without a current, valid Borough permit,
and if required to register under the Charitable Solicitation Act,
without a current, valid state permit.
B.
No solicitor shall solicit at any residence or business which has
a "No Solicitation" sign posted on the structure. No solicitor shall
solicit before 9:00 a.m. or after 5:00 p.m. at any residence or business
which has a "No Evening Solicitation" sign posted on the structure.
C.
The solicitor shall:
(1)
If requested by a resident of the Borough, provide to the resident
the name and address or telephone number of a representative of the
soliciting organization to whom inquiries can be addressed;
(2)
Provide to each resident a full and fair description of the purpose
for which the solicitation is being made; and
(3)
In the case of a charitable organization only, provide, if requested
by a resident of the Borough, the source from which a financial statement
may be obtained.
D.
The solicitor shall comply with all applicable laws, statutes, regulations,
rules or ordinances of the United States of America, the Commonwealth
of Pennsylvania, and the Borough.
E.
No solicitor shall make any untrue statement or misrepresentation
in the course of soliciting, or omit to state any material fact necessary
to prevent any statement made from being misleading. No solicitor
shall utilize any unfair or deceptive acts or practices in the course
of soliciting. In determining whether or not a practice is unfair
or deceptive under this section, the definitions, standards or interpretations
relating thereto under the Pennsylvania Unfair Trade Practices and
Consumer Protection Law, as amended from time to time, shall apply.
F.
If no signs pursuant to § 136-7B are posted at a residence or business, no solicitor shall solicit before 9:00 a.m. or after 9:00 p.m.
G.
Every person soliciting in the Borough shall have his or her Borough
permit in such person's possession at all times in the course of soliciting.
The Borough permit shall be visible to the public at all times during
the solicitation. Any solicitor requested to so do by a resident or
the police shall display to such resident or the police a copy of
such person's driver's license or other identification containing
a picture of such person.
H.
No solicitor shall shout, cry but, 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 thereform to be
capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places, for the purposes of attracting attention
to any goods, wares or merchandise which the solicitor proposes to
sell.
I.
If a solicitor is arrested or convicted of any burglary, violent
crime or any felony or misdemeanor involving fraud or misrepresentation,
the solicitor must provide written notice to the Borough within 72
hours of the arrest or conviction.
No Borough permit shall be used at any time by any person other
than the person to whom it is issued.
The Chief of Police shall report to the Mayor and Borough Manager
all convictions for violations of this chapter, and the Borough Secretary
shall maintain a record for each Borough permit issued and record
the reports of violation therein.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be subject to a fine for each and every separate
offense for a sum of not less than $100 nor more than $300 to be sued
for and recovered as other fines and penalties are now by law recoverable
and, in default of payment of the fine and costs of prosecution, shall
be committed to the County Jail for a period not to exceed 30 days.
Each day any person is in violation of this chapter shall constitute
a separate offense.
A.
Borough permits may be revoked by any Magistrate having jurisdiction
with respect to soliciting in the Borough, after notice and hearing,
for any of the following causes:
(1)
Fraud, misrepresentation, or false statement contained in, or material
fact omitted from, the application for a Borough permit or state permit;
(2)
Fraud, misrepresentation, false statement or material omission made
in the course of soliciting;
(3)
Failure to observe a "No Solicitation" or "No Evening Solicitation"
sign posted by a resident;
(4)
Soliciting in the Borough without a current and valid state permit;
(5)
Any other violation of this chapter;
(6)
Conviction, whether before issuance of the Borough permit or during
the term of the Borough permit, of any burglary, violent crime or
any felony or misdemeanor involving fraud or misrepresentation.
B.
Notice of the hearing for revocation of a Borough permit shall be
given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be transmitted
by certified mail, postage prepaid, to the permittee at his last known
address at least seven days prior to the date set for hearing.
Any person aggrieved by the action of Borough staff in the denial of a Borough permit as provided in § 136-5 of this chapter, shall have the right of appeal to the Borough Council or its designated hearing officer. Such appeal shall be taken by filing with the Borough Council, within 14 days after notice of the denial has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council or its designated hearing officer shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 136-11 of this chapter for notice of hearing on revocation.
All permits issued under the provisions of this chapter shall
expire on December 31 in the year when issued.
In addition to the penalties provided above for violation of
this chapter, all contracts made by any solicitor who has failed to
procure a Borough permit as required by this chapter, shall be voidable
at the option of the resident who entered into the contract.
A.
A property owner or his authorized agent may post a sign on his residence or business reading "No Solicitation" or "No Evening Solicitation." Such signs shall be displayed near the front entrance of the structure. For purposes of this § 136-15, "No Evening Solicitation" shall mean no solicitation before 9:00 a.m. or after 5:00 p.m.
B.
The Borough may maintain a list of residences and businesses that
have posted "No Solicitation" or "No Evening Solicitation" signs and
provide it upon request to any solicitor or canvasser. No person shall
solicit or canvass at the addresses contained on the "No Solicitation"
list at any time.
A.
Canvassers are not required to secure a Borough permit before canvassing.
Solely at a person's option, canvassers may apply for and be issued
a Borough permit following the procedures of this chapter. The application
fee shall be waived should a canvasser voluntarily elect to secure
a Borough permit.
B.
No canvassers shall canvass at any residence or business which has
a "No Solicitation" sign posted on the structure. No canvasser shall
canvass before 9:00 a.m. or after 5:00 p.m. at any residence or business
which has a "No Evening Solicitation" sign posted on the structure.
If no signs are posted at a residence or business, no canvasser shall
canvass before 9:00 a.m. or after 9:00 p.m.
