[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-18-1993 by Ord. No. 545; amended in its entirety 7-15-2002 by Ord. No. 626 (Ch. 13, Part 3, of the 1978 Code of Ordinances)]
Throughout this article, the singular shall include the plural, and the masculine gender shall include the feminine and neuter, and the following words shall be construed to have the meanings set forth below:
- The practice of going from dwelling unit to dwelling unit to:
- A. Conduct surveys for research purposes (other than those conducted by an agency of the state or federal government);
- B. To make analyses, to take opinion polls, to compile ratings data;
- C. To obtain or seek contributions or donations for any person or organization or cause;
- D. To advance religious or political causes and proselytizing with regard thereto; and
- E. To conduct any similar work which, by its nature, involves door-to-door or place-to-place activity, including distribution of circulars.
- MERCHANDISE or SERVICES
- Any goods or services, including, but not limited to, magazines, periodicals, books, orders or contracts for services, home improvements or alterations.
- Any canvasser or solicitor required to apply for a registration certificate under this article. Such term shall include all agents and employees of the canvasser or solicitor which is required to register.
- The practice of going from dwelling unit to dwelling unit selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise or services. "Canvass" or "solicit" does not include a series of licensed entries on private property (e.g., milkman making normal deliveries).
No person desiring to canvass or solicit in the Borough whose purposes include commercial solicitation or seeking contribution of funds shall do so without first having obtained a registration certificate from the Borough Manager. Any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions is not required to obtain a registration certificate.
Any person required to obtain a registration certificate shall submit a written application to the Borough Manager on a form furnished by the Borough. The applicant shall state for himself and each of his agents or employees who will canvass or solicit: his name, age, sex, home address, business address, name and address of employer, if any; what he desires to canvass or solicit for; the days, dates and route of the registrants' canvassing or soliciting; a statement as to whether he has been convicted of or plead guilty to a crime involving moral turpitude, and if so convicted, where and when and the nature of the offense(s); the make and type of vehicle, if any, he will use, and its registration number. The Borough Manager, or his delegate, will issue to the applicant a registration certificate within one business day from the date of filing of the application. Such certificate may not be transferred from one person to another.
Fees as set from time to time by resolution of the Borough Council will be charged for the issuance of a registration certificate and will accompany the registrant's application.
Each registrant shall carry the registration certificate at all times when in the Borough and shall exhibit it to each resident who is visited by the registrant. In addition, the registrant will exhibit the certificate to any Borough citizen or resident or Borough official upon request.
In the event an application for a registration certificate is disapproved by the Borough Manager or his delegate, the appellant may, within five days of the denial, appeal the decision to the Borough Council, which shall set a time and place for a hearing. This hearing shall be held within 30 days after the appeal is taken by the appellant, and at such hearing the appellant will be given an opportunity to present reasons why the registration certificate should be issued. The decision of the Borough Council shall be made within 10 days of the appeal hearing.
Hours. No person shall canvass or solicit in the Borough between the hours of 9:00 p.m. and 9:00 a.m. the next day; provided, however, that on Sunday canvassing and soliciting is permitted only between 12:00 noon and 9:00 p.m. This restriction shall apply to all persons, including those to whom a registration certificate has been issued.
List. No person who is required to obtain a registration certificate shall canvass or solicit in the Borough without first obtaining from the Borough Manager a list of all residences and dwelling units in the Borough where the owners/occupants of the residence or dwelling unit has notified the Borough in writing that they do not wish to be visited on their premises at any time by any person performing any canvassing and/or soliciting activity. No registrant or person required to register may canvass or solicit at any dwelling unit designated on such list. Any registrant who is canvassing or soliciting in the Borough must carry such list while canvassing or soliciting. Any such written notice from an owner/occupant may be revoked in writing at any time by such owner/occupant.
The Borough Manager, or his delegate, may revoke the registration certificate of any registrant found to be in violation of any provision of this article.
This article shall not apply to any Borough resident under age 16.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Allegheny County correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article 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 article in equity in the Court of Common Pleas of Allegheny County.