[HISTORY: Adopted by the Borough Council of the Borough of
Avalon 12-13-2018 by Ord. No. 1384.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 284,
which consisted of Art I, Registration of Solicitors, adopted 12-7-1951
by Ord. No. 862, and Art. II, Uninvited Peddlers and Merchants, adopted
5-27-1963 by Ord. No. 979.
As used in this chapter, the following terms shall have the
meanings indicated:
The act of going upon property or approaching members of
the public to discuss or explain issues, which shall include religious
proselytizing, exercising an individual's freedom of speech or
campaigning for political votes, that does not include the request
for contributions or donations or the sale of goods or products.
The act of going upon property or approaching members of
the public to sell goods, services or products.
Any individual, unincorporated organization, firm, association
or corporation.
The act of going upon property or approaching members of
the public to ask for, request or seek monetary contributions, donations
or support.
A.
It shall be unlawful for any person to solicit or peddle, upon or
along any of the public streets, alleys, or public places of the Borough
of Avalon, or by going from house to house for such purposes, without
having first procured a license to do so as provided herein.
B.
Exceptions. The following persons are exempt from obtaining a license:
(1)
Children under 18 years of age soliciting or peddling on behalf of
a nonprofit, school or governmental organization.
(2)
Persons soliciting on behalf of a nonprofit or neighborhood organization
for either donations to, or membership in, such organization.
(3)
Persons peddling donated merchandise on behalf of a nonprofit organization
where the proceeds of the sale are used for a charitable purpose.
(4)
Persons peddling on behalf of a religious organization where the
proceeds of the sale are used to support such organization or for
a charitable purpose.
A.
All persons seeking licenses must register their name or names and
the name or names of its solicitor, or solicitors, with the Chief
of Police of the Borough of Avalon, at the Borough Police Department,
Avalon, Pennsylvania, in order to receive a license.
B.
It shall be the duty of the Chief of Police or his/her designee to
investigate said application(s), with regard to accuracy of the information
on the application and any record of unsafe, criminal or fraudulent
conduct of the applicant.
(1)
Application review may take up to 10 business days.
(2)
In the event that an application is approved, the license will be
made available.
(3)
In the event that an application is rejected, the applicant will
be advised in writing and have a right to appeal in the manner provided
herein. Applications may be rejected where the Chief of Police believes
that the applicant is seeking to engage in unsafe, illegal, fraudulent
or criminal activity, or has made a material misrepresentation on
the license application.
(4)
Applications not acted upon within 10 business days shall be deemed
approved.
A.
A fee of $30 per registered solicitor per day shall be due upon registering
in order to cover administrative costs associated with registration,
issuance and enforcement of a license. This fee may be modified by
resolution of the Council from time to time.
B.
The issuance of a permit shall be contingent upon the payment of
the proper fee as established by Borough Council.
C.
Exceptions. No license fees shall be charged under this chapter to:
(1)
Farmers selling their own produce.
(2)
The sale of goods, wares and merchandise, donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose.
(3)
Any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk or milk products.
(4)
Any insurance company or its agents, or insurance broker, authorized
to transact business under the laws of the Commonwealth of Pennsylvania.
Any person complying with the provisions of this chapter shall
be entitled to do the acts specified in such license for the term
therein stated; provided, however, that the license shall be personal,
individual and not transferable and shall not be construed to permit
employment of unlicensed agents.
The duration of each license shall be the period of solicitation
as defined on the approved license. Transfer of licenses is prohibited.
In order to preserve the right of Borough residents to enjoy
the peace and tranquility of their homes without unreasonable interruption
or annoyance during times when door-to-door solicitations are most
unwelcome, it shall be unlawful for any person to solicit, peddle
and/or canvass in, upon, or along any of the public streets, alleys,
or public places of the Borough of Avalon, or by going from house
to house for such purposes between hours of 8:00 p.m. and 9:00 a.m.
or all day on Sundays or other business holidays recognized as such
holidays by the Commonwealth of Pennsylvania.
Licensees are required to openly display and produce their license
at the request of any citizen or police officer.
All Borough residents shall be able to register their home address
on a "Do Not Knock" list. This list will be provided to all persons
and their solicitors and peddlers who are licensed by the Borough
for peddling and/or solicitation. The Do Not Knock List applies to
known canvassers who have actual notice of the Do Not Knock List.
Borough residents must register their home on the "Do Not Knock" list
every three years.
No solicitation, peddling or canvassing activity shall be done
on any private property posted with "no-solicitation" signs or listed
on the Do Not Knock List, and any such violation will be considered
trespass subject to the criminal laws of the Commonwealth.
Licensees and others who are notified of the Do No Knock List under the regulations and who violate the list by soliciting, peddling and/or canvassing at an address on the Do Not Knock List shall, in addition to the violations and penalties set for this chapter, have his/her/its license immediately revoked and/or other enforcement action taken. Licensees who believe that the license has been improperly revoked under this section may appeal said revocation pursuant to § 284-12.
If any person is denied a license pursuant to § 284-3 or has his/her/its license revoked pursuant to § 284-11, at the written request of the person, a hearing shall be held before Borough Council or before a designated hearing officer who shall make a recommendation to the Council for their official action, within 30 days. The matter shall be reviewed consistent with this chapter held in accordance with the Local Agency Law[1] and subject to any appeal fees as may be adopted by the
Council, and amended from time to time, by resolution.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefore, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Allegheny County.
All ordinances inconsistent with this chapter are repealed to
the extent of such inconsistency.
This chapter shall take effect immediately upon its adoption.
The provisions of this chapter are severable, and if any clause,
sentence, subsection, section, or part thereof shall be adjudged by
any court of competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation and application
to the clause, sentence, subsection, section, article, chapter or
part thereof rendered illegal, invalid or unconstitutional.
