[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.
(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.