[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:
Conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
To make analyses, to take opinion polls, to compile ratings
data;
To obtain or seek contributions or donations for any person
or organization or cause;
To advance religious or political causes and proselytizing with
regard thereto; and
To conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars.
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.
A.
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.
B.
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.
