It shall be unlawful for any solicitor or canvasser representing
a nonprofit organization, as defined in §
220-43, to engage
in any soliciting or canvassing for any purpose 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:
NONPROFIT ORGANIZATION
Any corporation, community chest, fund or foundation, individual
person, unincorporated associations, partnerships or the like organized
and operated exclusively for religious, charitable, scientific, public
safety, literary or educational purposes, or to foster national or
international amateur sports competition, or for the prevention of
cruelty to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, and
which has been officially recognized as a nonprofit organization by
either the Commonwealth of Pennsylvania or the United States Internal
Revenue Service.
Any nonprofit organization soliciting or canvassing within the
Borough limits is required to exhibit its license at the request of
any citizen.
Any nonprofit organizations licensed under this article shall
be limited to any canvassing and/or soliciting activities within the
Borough limits and shall be limited to such activities between the
hours of 9:00 a.m. and 9:00 p.m. on any weekday.
Any nonprofit organization licensed to canvass and/or solicit
under this article shall report to the Police Department of the Borough
of Wilmerding the schedule of its canvassing and/or soliciting activities,
and such report shall be made to the Police Department at least one
week prior to the beginning of the scheduled activity.
Any person or organization aggrieved by the action of the Chief
of Police or Mayor of the Borough in the denial of permit or license
as provided in §
220-45 or the action of the Borough Council
in the assessing of the fee as provided in §
220-46 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
or organization's last known 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
§
220-50 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. Licenses
other than annual 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 provisions
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.