[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove 3-4-1985 by Ord. No. 2-1985 (Ch. 96 of the 1985 Code). Amendments noted where applicable.]
This chapter shall be known as the "Solicitation Ordinance."
As used in this chapter, certain terms shall be defined as follows:
- Any person who engages in peddling.
- The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or upon private or public property or business establishments within the Borough.
- Any natural person, association, partnership, firm, organization or corporation.
- The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or upon private or public property or business establishments, within the Borough. "Soliciting" also includes the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations, or for work on trees, landscaping or fences, and orders or contracts for any mechanical, electrical, plumbing or heating devices or equipment for houses, or other building improvements repairs, upon or from the places aforesaid within the Borough.
- Any person who engages in soliciting.
Every person desiring to engage in solicitation or peddling in the Borough of Spring Grove shall register with the Borough.
Registration shall be on a form approved by the Borough Council and available from the Borough Secretary. A separate and distinct form shall be provided for nonprofit, religious, public or charitable organizations.
Any company or organization registering pursuant to the requirements of this chapter shall provide a list of all employees or agents that will be soliciting or peddling within the Borough.
The provisions of this chapter shall not apply to the following persons:
Farmers seeking or taking orders for the sale of fresh produce.
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
The seeking or taking of orders by insurance or real estate agents or brokers licenses under the laws of the Commonwealth of Pennsylvania.
Any person taking orders of merchandise from dealers or merchants, for resale to an ultimate consumer.
Public or charitable activities in which the Borough is a participant, such activities being conducted for the enjoyment and well-being of the community.
[Amended 8-5-1991 by Ord. No. 5-1991]
Each applicant under this chapter shall pay a registration fee in such amount as shall be from time to time established by the Borough Council by resolution. Companies or organizations registering their agents or employees under § 282-3 shall pay an additional fee in such amount as shall be from time to time established by the Borough Council by resolution. No fee shall be charged to any bona fide nonprofit, religious, public or charitable organization.
The Borough Secretary shall issue a registration card to all persons complying with the requirements of this chapter. Such card shall state the products to be sold, services to be rendered or subscriptions or contributions to be solicited by the registrant. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Borough, exhibit such registration card in a conspicuous spot upon his person. No solicitor or peddler shall engage in any activity not described on their registration form filed with the Borough or the registration card issued by the Borough Secretary.
Registration term. The registration card issued pursuant to this chapter shall be valid until the end of the calendar year in which it was issued.
Records. The Borough Secretary shall keep a record of all licenses issued under this chapter and shall supply the Chief of Police with a list of all current registrants.
Hours. No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on Sundays nor on any other day of the week before 8:00 a.m. or after 7:00 p.m. prevailing time.
No person operating as a solicitor or peddler shall maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough for any longer than necessary to make his presence known to persons residing in the immediate vicinity.
No such person shall place or deposit any refuse on any such street, highway or alley.
No person operating as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the sidewalks, streets, highways or alleys of the Borough for the purpose of soliciting or peddling with or without any stand or counter.
No person shall engage in peddling or soliciting at, or remain on the premises of any residence after having been asked by the occupant thereof to leave such premises or residence.
No person shall engage in peddling or soliciting upon any premises or residence located thereon if such premises or residence is posted against solicitation by means of a notice prominently displayed, upon which is printed the legend NO SOLICITORS.
A residence shall be deemed to be posted against peddling or soliciting if there is exhibited, on or near the main entrance to the premises or on or near the main door to any residence located thereon, a sign at least three inches by four inches in size, which bears the above legend in letters at least 1/3 inch in height.
No person who engages in canvassing or soliciting shall use any plan, scheme, ruse or make any statement which indicates or implies that the purpose of such personal visit is other than to obtain orders for or to make sales of goods or services.
No person who engages in solicitation shall misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law and shall provide the buyer with all information as required by state and federal regulations.
Any license issued under this chapter may be suspended or revoked at any time by the Borough Secretary upon proof being furnished that the application for registration contained false information or that the registrant has violated any of the provisions of this chapter.
Whoever violates any of the provisions of this chapter shall, in addition to the forfeiture of privileges referred to in § 282-13, be guilty of a summary offense and, upon conviction, be fined not more than $300 and costs of prosecution or imprisoned for not more than 30 days.