[Ord. 62, 11/5/1962, § 401]
PERSON
A natural person, association, partnership, firm, corporation
or group of persons formed for a temporary purpose.
SOLICITING
The seeking, or taking of contracts or orders for any goods,
wares, merchandise, or service for future delivery or performance,
or for subscriptions or contributions by visiting to private premises
or residence without the prior direct invitation of the residences
thereof, or upon the public highways or streets, or from persons in
commercial, industrial, professional or any other sort of building
whatsoever.
SOLICITOR
A person engaged in soliciting.
The singular shall include the plural and the masculine shall
include the feminine and neuter.
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[Ord. 62, 11/5/1962, § 402]
No person shall engage in soliciting, or use the public ways
for the purpose of soliciting without first having received from the
Mayor or Secretary an identity card to be displayed by the solicitor
and produced on request by any peace officer or resident of the premises
visited, or by any person so solicited.
[Ord. 62, 11/5/1962, § 403]
Every solicitor shall apply to the Mayor or Secretary for an
identity card and he shall issue the same without charge after noting
thereon the name, address and description of the solicitor, the person
by whom employed with the address of the same and the period during
which soliciting will be conducted. Upon the expiration of the identity
card, the same may be extended or re-issued as often as necessary.
[Ord. 62, 11/5/1962, § 404]
1. Every solicitor, except:
A. Farmers soliciting and/or selling only their own produce.
B. Persons soliciting and/or selling goods, wares, and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
C. Any manufacturer or producer soliciting and/or selling their own
bread and bakery products, meat and meat products or milk and milk
products.
D. Real estate, insurance or securities brokers or employees thereof,
shall apply to the Mayor or Secretary for a soliciting license and
shall supply at the time thereof evidence of any other valid county
or state license which the law may require. The application shall
disclose the solicitor's name, address and description, the name
and address of the person employing him; the goods or services to
be solicited, the duration of time for the soliciting; previous criminal
record if any, the description of the vehicle and/or helper to be
used; and if required by the mayor or secretary, fingerprints. Each
helper shall supply similar information and apply for a license. If,
as and when issued the license shall not be transferable.
[Ord. 62, 11/5/1962, § 405; as amended by Ord.
256, 5/24/2004]
No person required to be licensed shall use the public streets
or highways until he has been issued a license, for which a fee in
an amount as established from time to time by resolution of Borough
Council shall have been paid to the Mayor or Secretary.
[Ord. 62, 11/5/1962, § 404]
Every person issued a license shall carry the same at all times
while soliciting and exhibit the same upon request of any peace officer
or citizen.
[Ord. 62, 11/5/1962, § 407; as amended by Ord.
256, 5/24/2004]
A lost license may be re-issued for the balance of the lost
license upon the payment of a fee in an amount as established from
time to time by resolution of Borough Council. Upon the expiration
or earlier termination, the license shall be returned to the Mayor
or Secretary and by him cancelled and destroyed. Any license defaced
or altered shall be re-issued. For the purpose hereof, a stolen license
shall be deemed defaced or altered.
[Ord. 62, 11/5/1962, § 408]
1. It shall be unlawful for a licensed solicitor:
A. To enter any residence or place of business uninvited or to remain
thereabout after requested to leave.
B. To fail to have an identity card and a license on hand and/or exhibit
the same upon demand.
C. To represent or to imply that the identity card or the license is
an endorsement by the Borough of the solicitor or the goods or services
being solicited.
D. To solicit on any Sunday or legal holiday (or any day observed as
such) at all and on any other day before 9:00 a.m. or after 4:00 p.m.
E. To solicit goods or services other than those licensed.
F. To solicit by hawking, crying or displaying goods or services upon
any public ways, or to use any device to advertise his presence or
his goods and services.
[Ord. 62, 11/5/1962, § 409]
The Mayor or Secretary shall maintain a register of the identity
cards and licenses issued hereunder and keep the same available for
inspection to the public at any time.
[Ord. 62, 11/5/1962, § 410]
Any license which may be suspended or revoked under this or
the succeeding section shall not be reinstated except by the Borough
Council at any regular or special meeting.
[Ord. 62, 11/5/1962, § 411; as amended by Ord.
256, 5/24/2004]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not 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.