Borough of Forest Hills, PA PEDDLING AND SOLICITING

Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk and/or public ground within the Borough.

Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough, on a temporary basis, including, but not limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.

This definition does not include the sale of consumer fireworks, as defined in Chapter 6, Part 6, Sale and Use of Fireworks, as amended, of this Code, from a temporary structure, which shall be permitted pursuant to Act 43 of 2017 and in compliance with provisions of Chapter 27, Zoning, as amended, of this Code.

The singular shall include the plural and the masculine shall include the feminine and neuter.

§ 13-202 Residential Door-to-Door Peddling and Soliciting.

[Ord. 956, 6/15/2005, § 1]

Registration Required.

It shall be unlawful for any person to go upon residential property within the Borough, without being invited to do so by the owners or occupants of the subject property, to peddle and/or solicit Borough residents by knocking upon residential doors, or by ringing doorbells, or otherwise so as to cause or attempt to cause residents to open their doors unless the person doing the peddling and/or soliciting activity has first registered at the Borough Building and has received an identification card from the office of the Borough Police Chief.

The following individuals shall be exempt from the registration requirement set forth in Subsection 1A, above, and the identification card requirement of Subsection 2 below:

Children under 18 years of age soliciting or peddling on behalf of a nonprofit, school or governmental organization.

Persons soliciting on behalf of a nonprofit or neighborhood organization for either donations to, or membership in, such organization.

Persons peddling donated merchandise on behalf of a nonprofit organization where the proceeds of the sale are used for a charitable purpose.

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.

No identification card shall be issued to a peddler or solicitor unless the following information is given by the applicant:

Full identification, including proof thereof by voter's registration card, vehicle operator's license or some other accepted method of identification containing applicant's photograph, residence and office address.

The name of the organization for which the applicant is peddling and/or soliciting, together with the address of that organization.

The length of time the peddling and/or soliciting is to be carried on.

Any criminal record which the applicant may have.

Fees for registration under this section shall be established, from time to time, by resolution of the Borough Council pursuant to § 13-204.

Identification Card.

Issuance. Peddlers and/or solicitors regulated by this Part shall carry their identification card which shall be issued by the Borough Police Chief without charge, at all times while peddling and/or soliciting within the Borough and shall show their identification card to residents in order to identify themselves prior to any actual peddling and/or soliciting activities.

Denial and Revocation. In the event that any peddler and/or solicitor is found to have been convicted of any felony or misdemeanor involving moral turpitude, he or she may be denied an identification card or the identification card may be revoked or canceled by the Borough Police Chief. In the event that any peddler and/or solicitor provides any false or misleading information concerning his or her identification or the identity of the organization for which the peddling and/or soliciting is being done, the identification card issued to that peddler and/or solicitor may be revoked by the Borough Police Chief. A peddler and/or solicitor may appeal the denial or revocation of an identification card by the Borough Police Chief under this subsection to the Borough Council, which shall hold a public hearing thereon and render a decision.

Hours. All peddling, soliciting and/or canvassing activities shall, in the case of residential door-to-door or house-to-house calling, be restricted to the following hours:

From November 1 through March 31: between the hours of 9:00 a.m. to 5:00 p.m., prevailing time, including Saturdays and Sundays.

From April 1 through October 31: between the hours of 9:00 a.m. to 9:00 p.m., prevailing time, including Saturdays and Sundays.

No-Soliciting/Peddling/Canvassing List.

Borough residents may post or display "No Soliciting/Peddling/Canvassing" or similar signs, not to exceed 80 square inches in size, on the front door of their dwelling or residence. It shall be a violation of this Part for any peddler, solicitor and/or canvasser to go upon any property that the owner or resident has posted a No Soliciting/Peddling/Canvassing Sign.

The Borough Police Chief shall maintain a list of the addresses of Borough residents who have notified the Borough Police Chief in writing that they do not wish peddlers and/or solicitors to enter upon their property. A copy of this "No Soliciting/Peddling List" shall be provided along with and as part of any identification card issued under § 13-202 hereof. It shall be a violation of this Part for a peddler and/or solicitor to go upon any property listed on the "No Soliciting/Peddling List."

Violations of this section are subject to the penalties set forth in § 13-205 hereof, in addition to any other appropriate actions in law or equity, including prosecution for criminal trespass pursuant to the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 3503, as amended.

§ 13-203 Transient Retail Business Licenses.

[Ord. 956, 6/15/2005, § 1]

License Required. No person shall engage in any transient retail business within the Borough without first obtaining a license from the Borough Police Chief and paying the applicable license fees established, from time to time, by resolution of the Borough Council. Time periods for individual licenses shall be established by the Borough Police Chief, provided that the time period shall not exceed 30 days.

Application for License.

Every person desiring a license under this section shall first make application to the Borough Police Chief on a form established from time to time by the Borough Police Chief.

The completed application for a license shall, at a minimum, contain the following information and/or documentation:

Name and address of applicant, including the present and permanent addresses.

Name and address of applicant's employer.

Recent photograph of the applicant.

Type of goods, wares, merchandise the applicant wishes to deal with in such business.

(5)

The applicant's prior criminal record.

(6)

The type and license of every vehicle to be used, if any.

(7)

A valid copy of any required state or county license.

(8)

Any other information deemed necessary by the Borough.

Issuance of License; Custody, Display or Exhibit.

Upon receipt of such application and the prescribed fee, the Borough Police Chief, if he shall find such application to be complete, shall issue the license required under this Part. Such license shall contain the information required to be given on the application therefor.

The issuance of a license by the Borough under this section shall in no way be considered the Borough's authorization, approval and/or acquiescence for the sale of goods and products subject to copyright and/or trademark protections. The applicant and license holder shall be responsible for obtaining all necessary certificates, permissions and approvals for the sale of goods and products subject to copyright and/or trademark protections.

Every license holder shall carry such license upon his person while engaged in transient retail business in the Borough, with an additional copy of the license displayed at the fixed location where the transient business is occurring. The license holder shall exhibit such license, upon request, to all police officers, Borough officials and employees, and citizens or residents of the Borough.

Prohibited Acts.

No transient retail business shall:

Be conducted on or within public property, public roads and rights-of-way, sidewalks, private roads, access drives or driveways.

Be conducted on or within setback areas, off-street parking areas and landscape/buffer areas established and required by the Borough Zoning Ordinance [Chapter 27].

Involve loud noises or sound devices so as to be heard beyond the premises where the transient retail business is occurring or to cause a public nuisance.

No person in any transient retail business shall:

Sell any product or type of product not mentioned in his/her license.

Hawk or cry his/her wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.

Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his/her goods, wares, or merchandise or of disposing of any carton, wrapping, material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.