[Ord. 680, 12/28/1998]
CHARITABLE ORGANIZATION
Any person, firm, group, partnership, corporation or association
whose avowed purpose and object is to benefit, assist, aid and further
the following causes:
(2)
Assistance to persons who are poor, impoverished, destitute,
underprivileged, needy, diseased, injured, crippled, disabled, handicapped
or in need of physical or mental rehabilitation.
(3)
Churches, religious societies or other religious sects, groups
or orders espousing spiritual and altruistic motives or conduct.
(4)
The teaching of patriotism or promoting relief and assistance
to this nation's war veterans.
(5)
Beneficial education of the mind or assistance to educational
institutions.
(6)
The protection, shelter and sustenance of animals.
CHARITABLE SOLICITATION
Seeking money donations, pledges thereof or anything of value
to benefit, assist, aid and further the cause of a charitable organization,
either orally or by literature distribution.
LITERATURE
Books, pamphlets, handbills, tracts, cards, circulars, pictures,
films, magazines, or any other written or printed material.
[Ord. 680, 12/28/1998]
It shall be unlawful for any charitable organization to solicit
funds, as defined in § 301 of this Part, within the limits
of the Borough, without first applying for and obtaining a permit
therefor and wearing at all times an identification card as provided
herein.
[Ord. 680, 12/28/1998]
The application shall be registered in a book called the Registry
Book. The application shall be granted and the permit issued within
48 hours after the application has been filed unless, upon investigation
by the Borough Secretary, one or more of the following facts are found
to exist:
A. That one or more of the statements in the application is not true.
B. That the applicant or any agent or representative of the applicant
who will participate under the permit has been convicted of engaging
in a fraudulent transaction or enterprise, a felony or other criminal
offense involving moral turpitude, in which case the permit shall
be denied to the applicant or to the agent or representative so convicted.
C. When the applicant or any agent or representative of the applicant
who will participate under the permit has previously violated any
of the terms and provisions of this Part or any prior permit issued
thereunder.
[Ord. 680, 12/28/1998]
Any permit granted hereunder may be cancelled after issuance
if any of the reasons for prior refusal should be discovered or become
apparent during the solicitation period.
[Ord. 680, 12/28/1998]
Within 10 days after notice of the action has been mailed and
hand delivered, the applicant shall notify the Borough Secretary in
writing of his intent to contest said action. Within 30 days after
receipt of said notice to contest, the Borough Council shall hold
a hearing on the appeal petition and render a decision or may institute
a proceeding for temporary, preliminary and permanent injunction to
restrain the denied solicitation in a court of competent jurisdiction,
which action shall be governed by the applicable rules of procedure
and the time limits thereunder.
[Ord. 680, 12/28/1998]
Upon issuance of a permit, the Borough Secretary shall note
his/her approval in the Registry Book and shall, at the point, issue
to the applicant or any agent or representative of the applicant who
will participate under the permit, an identification card, which card
shall state the applicant's name, address, sex, height, color
of hair and eyes and full name of the charitable organization which
he or she represents.
[Ord. 680, 12/28/1998]
When permits for charitable solicitation are granted, the following
rules and standards shall apply:
A. Location. Such permits shall be restricted to public areas of the
Borough and shall not be construed as permission by any private property
owner to conduct said activity on private premises.
B. Time. Permit holders shall be restricted to the hours of 9:00 a.m.
to 9:00 p.m. on the days of operation.
C. Manner of Operation.
(1) Each person included in a permit shall wear the identification card
issued by the Borough on the upper clothing and in a manner clearly
visible to the public. It shall not be transferred to another person
and must be returned to the Borough Secretary at the expiration of
the permit.
(2) Each person included in a permit shall not initiate any physical
contact with prospective donors unless said donor has either consented
to such contact or agreed to make a contribution.
(3) Permittees are at all times subject to all laws, statutes, and ordinances,
Federal, State or local, regarding fraud, assault, battery, theft,
littering and any other law relating to the conduct of persons in
public places.
[Ord. 680, 12/28/1998]
A permit shall expire after 30 days from the date of issuance.
A permit may be renewed for successive thirty day intervals if written
request for the same is received by the Borough Secretary within the
period of 10 days prior to the expiration date and the request for
renewal contains a statement that the request is predicated on the
same information as contained in the original application.
[Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to imprisonment for a term not to exceed 30 days.