Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 11-12-1990 by Ord. No. 11-12-90B][1]
[1]
Editor's Note: Originally adopted by Ord. No. 64-9-51. Ord. No. 64-9-51 was repealed and replaced by Ord. No. 11-12-90B. Loud Noise and Speaking Devices section was replaced by Ord. No. 8-12-91C.
48.1.1. 
It shall be unlawful for any peddler or canvasser, as defined in the definition section of this ordinance, to engage in any activity regulated by this ordinance without first obtaining a license therefor in compliance with the provision contained herein.
48.2.1. 
When used in this ordinance, the following terms shall have the following meanings:
48.2.2. 
CANVASSER — Includes any person, whether a resident of the Municipality of Bethel Park or not, who goes from house to house, place to place, or from street to street soliciting funds or contributions, or soliciting or attempting to take orders from individuals for sale of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, for future delivery or for service to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payment on such orders, or conducts or attempts to conduct surveys for research purposes (other than those conducted by an agency of the state or federal government, or surveys of a political, religious or charitable nature, provided the surveyor is not soliciting funds or donations), to make analyses, to take opinion polls to compile rating data and to conduct any similar work which, by its nature, involves door-to-door or place-to-place activity.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.2.3. 
PEDDLER — Includes any person, whether a resident of the Municipality of Bethel Park or not, who goes from house to house, from place to place or from street to street conveying or transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales or delivering articles, goods, wares or merchandise to purchasers.
48.3.1. 
The terms of this ordinance shall not be held to include the acts of persons delivering products on a scheduled or prearranged basis, such as milk and newspaper delivery.
48.4.1. 
Every individual canvasser or peddler whether or not he is employed by, directed by or supervised by a person holding a license shall secure a license pursuant to the terms of this ordinance before engaging in any activity regulated by this ordinance.
48.5.1. 
Applicants for license under this ordinance must file with the Police Department of the Municipality a sworn application in writing on a form to be furnished by the Municipality, which will give the following information:
[Amended 9-8-2003 by Ord. No. 9-8-03]
1. 
Name and physical description of applicant.
2. 
Complete permanent home and local address of the applicant, and in the case of transient merchants, the local address from which proposed sales will be made or goods shipped.
3. 
A brief description of the business and the goods to be sold.
4. 
The manufacturer, producer or maker of the goods or property proposed to be sold, or orders taken for the sale thereof; and the proposed method of delivery.
5. 
If employed, the name and address of the employer, together with proof of employment.
6. 
A recent photograph of the applicant, which shall be approximately two inches square, showing the head and shoulders of the applicant in a clear and distinguishable manner.
7. 
If the person shall use a motor vehicle in relation to his canvassing or peddling activity, the make, year and color of the vehicle, the license number and the registered owner.
48.5.2. 
The completed application shall be submitted to the Police Department of the Municipality together with the initial fee to cover the expenses of investigation of $5 payable to the Municipality of Bethel Park. An application which is not totally complete or one that contains erroneous information shall not be acted upon and shall be rejected until such application is totally complete and correct.
48.6.1. 
Upon receipt of each application, it shall be referred to the Chief of Police or his designee, who shall immediately institute such investigation of the application for the protection of the public, health, safety and welfare.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.6.2. 
If the application is found to be satisfactory, the Chief of Police or his designee shall, upon payment of the prescribed initial license fee, deliver to the applicant his or her license within three working days after it has been filed by the applicant with the Clerk.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.6.3. 
Such license shall contain the signature of the issuing officer, and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the expiration date, as well as the license number and other identifying description of any vehicle used in such licensed business. Each peddler or canvasser must secure an individual license. No license shall be used at any time by any person other than the one to whom it is issued. The Police Department shall keep a permanent record of all licenses issued and those rejected.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.7.1. 
After investigation of the application and approval of the application by the Chief of Police as set forth in Section 48.6 (Investigations and issuance of license) hereof, the Police Department shall issue the license without the payment of fees as set forth in Section 48.9 (Fees), provided the applicant demonstrates that:
1. 
The product to be sold by the applicant is a nationally known and advertised brand of household article or articles, and
2. 
The applicant serves a regular route or clientele of not fewer than 50 customers in the Municipality of Bethel Park.
[Amended 9-8-2003 by Ord. No. 9-8-2003]
48.8.1. 
Upon being satisfied that such organization, society, association, or corporation is a religious and charitable organization, group or other organization whose purpose is to advocate and advance the causes and interests of the consumer and other persons representing a group or organization dedicated to advancing concerns of the environmental or other sociological or ecological issues or is a scouting organization or is a group or representative of an activity sponsored, authorized or approved by the Bethel Park School District, the Police Department shall issue a permit without the payment of fees as set forth in Section 48.9 (Fees), provided the applicant presents proof of the aforementioned. Upon completion of the application and presentment of proof of the aforementioned, the Chief of Police shall issue a license immediately without an investigation as set forth in Section 48.6 (Investigations and issuance of license).
[Amended 8-12-1991 by Ord. No. 8-12-91C]
48.9.1. 
Every applicant for a license under this ordinance except those that qualify for an exemption under Sections 48.7 (Regular route; exception) and 48.8 (Religious and charitable organizations) shall pay, in addition to the initial fee to the Police Department, fees as follows:
[Amended 9-8-2003 by Ord. No. 9-8-03]
1. 
One hundred dollars per week.
2. 
Two hundred and fifty dollars per month.
48.9.2. 
None of the license fees provided for under this section shall be so applied as to occasion an undue burden upon interstate commerce nor upon the manufacturers within this commonwealth and their agents who are within Section 2922 of Act Number 568, approved the 10th day of July, A.D. 1947, P.L. 1621, commonly known as the "Municipality Code."
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.10.1. 
No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any licensee or person be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets or sidewalks or endanger the public health, safety or welfare.
48.10.2. 
No licensee shall be permitted to solicit on weekends (Saturday or Sunday) before 12:00 noon or after 8:00 p.m. or to solicit on weekdays (Monday through Friday) before 10:00 a.m. or after 8:00 p.m., Eastern standard time or daylight saving time, whichever then shall be in effect, except as provided in the subsection below.
[Amended 4-10-2017 by Ord. No. 4-10-17B]
48.10.3. 
Religious and charitable organizations, groups or other organizations whose purpose is to advocate and advance the causes and interests of the consumer and other persons representing a group or organization dedicated to advancing concerns of the environmental or other sociological or ecological issues as determined by Section 48.8 (Religious and charitable organizations) whether licensed or not, may solicit on any day of the week between the hours of 10:00 a.m. and 9:00 p.m. Eastern standard time or daylight saving time, whichever then shall be in effect.
48.11.1. 
Licensees are required to exhibit their certificate of license at the request of any citizen or municipal officer or employees.
[Amended 9-8-2003 by Ord. No. 9-8-03; 4-10-2017 by Ord. No. 4-10-17B]
48.12.1. 
No person, whether a licensee or not, shall be permitted to solicit upon posted private property for any purpose whatsoever when said property is posted in the manner set forth below:
1. 
A sign posted on the property which is plainly visible and legible and which states "No Solicitors or Peddlers Invited" or "No Soliciting" or "No Peddling or Canvassing" or any equivalent language which would inform a peddler, canvasser or transient merchant that solicitation was not desired.
2. 
Such a sign shall be placed in conformance with the regulations on signs established in the Zoning Chapter of the Code.[1]
[1]
Editor's Note: See Ch. 69, Zoning.
48.12.2. 
An owner or occupant of any private property within the Municipality may notify the Chief of Police, in writing, that no person is permitted to solicit upon the private property. The Chief of Police shall create a no-soliciting list which includes the addresses of each residence that has opted out of solicitation in this manner. The no-soliciting list shall be provided to each licensee under this article and shall be published on the Municipality of Bethel Park website. No person shall be permitted to solicit upon private property included on the no-soliciting list.
48.13.1. 
The Chief of Police is hereby empowered to make reasonable rules and regulations for the operation and enforcement of this ordinance as he deems necessary.
48.14.1. 
Any person, firm or corporation that shall violate any of the provisions of this ordinance shall forfeit and pay to the Municipality of Bethel Park for each and every separate offense 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 cost of prosecution, shall be committed to the County jail for a period not exceeding 30 days.
48.15.1. 
The provisions of this ordinance are declared to be severable, and if any section, sentence, clause or phrase of this ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance, but they shall stand notwithstanding the invalidity of any part.
48.16.1. 
All ordinances or parts of ordinances conflicting with the provisions of this ordinance are hereby repealed to the extent of such conflict.