It shall be unlawful for any solicitor or canvasser, as defined
in §
220-15, to engage in such business within the Borough
limits of the Borough of Wilmerding without first obtaining a permit
and license therefor in compliance with the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
CANVASSER or SOLICITOR
Any individual, whether a resident of the Borough of Wilmerding
or not, travelling either by foot, automobile, motor truck, or any
other type of conveyance, from place to place, from house to house,
or from street to street, taking or attempting to take orders for
the sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery, or for services to be furnished
or performed in the future, whether or not such individual has, carries
or exposes for sale a sample of the subject of such sale or whether
he is collecting advance payments on such sales or not, provided that
such definition shall include any person who, for himself, or for
any other person, firm or corporation, hires, leases, uses or occupies
any building, structure, tent, railroad box car, boat, hotel room,
lodging house, apartment, ship or any other place within the Borough
of Wilmerding for the sole purpose of exhibiting samples and taking
orders for future delivery. This article does not include, local nonprofit
organizations.
Solicitors and canvassers are required to exhibit their licenses
at the request of any citizen.
It shall be the duty of any police officer of the Borough of
Wilmerding to require any person seen soliciting or canvassing, and
who is not known by such officer to be duly licensed, to produce his
solicitor's or canvasser's license and to enforce the provisions
of this article against any person found to be violating the same.
The Chief of Police shall report to the Borough Secretary all
convictions for violation of this article, and the Borough Secretary
shall maintain a record for each license issued and record the reports
of violation therein.
Any person aggrieved by the action of the Chief of Police or
Borough Secretary in the denial of a permit or license as provided
in §
220-17 or the action of the Borough Council in the
assessing of the fee as provided in §
220-18 shall have
the right to appeal to the Council of the Borough of Wilmerding. Such
appeal shall be taken by filing with the Council, within 14 days after
notice of the action complained of has been mailed to such person's
last address, a written statement setting forth fully the grounds
for the appeal. The Council shall set a time and a 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 §
220-22 for notice of
hearing on revocation. The decision and order of the Council on such
appeal shall be final and conclusive.
All annual licenses issued under the provisions of this article
shall expire on the 31st of December in the year when issued. Other
than annual licenses shall expire on the date specified in the license.
[Amended 11-14-1989 by Ord. No. 899]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.