[Ord. 366, 8/31/1981, § 11-1; as amended by Ord. 545, 2/26/2007, § 13-401]
1. 
Purpose. An ordinance regulating soliciting and peddling within the Borough of Edinboro, Erie County, Pennsylvania, requiring solicitors and peddlers to obtain licenses, establishing license fees, providing for the enforcement thereof and penalties for violations thereof.
2. 
Definitions and Usage.
A. 
The following words and phrases when used in this Part shall have the meanings ascribed to them in this Part except where the context clearly indicates a different meaning:
PEDDLER
Any person who shall engage in peddling, as hereinabove defined.
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; or from house to house, or by visitation to private residences; or by entering in or upon private property; within said Borough.
PERSON
Any natural person, association, partnership, firm or corporation.
SOLICITING
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; or from house to house, or by visitation to private residence, or by entering in or upon private property; within the Borough of Edinboro and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvement and alterations and also order or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs upon or from the places aforesaid within the said Borough.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
B. 
In this Part, the singular shall include the plural and the masculine shall include the female and neuter.
3. 
Exemptions to Application for Peddling and Soliciting.
A. 
To farmers seeking or taking orders for the sale of their own products.
B. 
To 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.
C. 
To the seeking or taking of orders, by insurance agents or brokers, licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
D. 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
E. 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
F. 
To a person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
G. 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
[Ord. 366, 8/31/1981, § 11-2; as amended by Ord. 441, 9/10/1990, § 1; by Ord. 451, 10/26/1992, §§ 1 — 3; and by Ord. 545, 2/26/2007, § 13-402]
1. 
License Required.
A. 
No person shall engage in soliciting or peddling in the Borough of Edinboro without first having taken out a license as herein provided.
B. 
Such license, when issued, shall state the products to be sold or services to be rendered by the license. Every solicitor or peddler, at all times when engaged in soliciting or peddling in the Borough of Edinboro, shall carry such license upon his person and shall exhibit it, upon request, to all police officers, Borough officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.
2. 
License Applications and Fees.
A. 
Every person desiring to engage in soliciting or peddling in the Borough of Edinboro shall first make application to the Borough Manager 30 days prior to the effective date of the license. If such person shall be required to obtain a license from any County office, he shall, on making such application, exhibit a valid County license. The said application shall be upon a blank form provided by the Borough Manager and shall contain at least the following information verified by oath or affirmation:
(1) 
Full name of the applicant and local address, if any.
(2) 
Permanent address.
(3) 
Name of employer or a statement that such applicant is self-employed.
(4) 
The nature of the goods, wares, services or merchandise offered for sale.
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed there.
(6) 
The type of vehicle to be used if any.
(7) 
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph.
B. 
When more than one person will be soliciting for the same purpose, a list of everyone shall be submitted for identification purposes.
C. 
No license shall be issued until the fee is paid to the Borough Manager's office. The fees shall be in an amount as established by resolution, from time to time, by the Borough Council.
D. 
The fee shall be waived for charitable, benevolent or nonprofit organization and for residents of the Borough of Edinboro.
E. 
All authorized solicitors must visibly display an identification badge or permit at all times during the operations of the business in a conspicuous place.
3. 
License Revocation. Any license issued under this Part may be suspended or revoked at any time by the Borough Manager of the Borough of Edinboro upon proof being furnished to him that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license and that licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Borough of Edinboro.
4. 
Penalty for Violation. Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $30 or more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 366, 8/31/1981, §§ 11-3; as amended by Ord. 451, 10/26/1992, § 5]
1. 
Time Limits. No person licensed as a solicitor or peddler under this Part shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 8:00 p.m., unless specific permission is sought from the Borough Manager. During the time of the year when Eastern Standard Time is effective, the aforesaid hours shall be Eastern Standard Time, and during the time when Daylight Saving Time is effective, the aforesaid hours shall be Daylight Saving Time.
2. 
Specifications for Parking Vehicles and Occupying Locations.
A. 
No person licensed as a solicitor or peddler under this Part shall park any vehicle upon any of the streets, highways, or alleys of the Borough in order to sort, rearrange, or clean any of his goods, wares, services, or merchandise; nor shall any person place or deposit any refuse on any such streets, highways, or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
B. 
No person licensed as a solicitor or peddler under this Part shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks in the Borough for the purpose of soliciting or peddling with or without any stand or counter.
C. 
No person licensed as a solicitor or peddler under this Part shall hawk or cry his wares or services upon any of the streets or sidewalks of the Borough nor shall be use any loudspeaker, bell, whistle or other device for announcing his presence.
D. 
A parking and traffic flow plan showing ingress and egress with parking configurations be submitted to the Chief of Police at the time of application for review and approval.
3. 
Peddlers and Solicitors Supervised by the Chief of Police. The Manager shall keep a record of all licenses issued under this Part and the Chief of Police shall apply daily for the list of the licenses issued hereunder since the previous day. The Chief of Police shall supervise the activities of all holders of such licenses.