[HISTORY: Adopted by the Borough Council of the Borough of
Folcroft 2-22-2017 by Ord. No.
2017-02. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Borough
of Folcroft Peddling, Canvassing and Solicitation Ordinance."
A.
PEDDLING
PERSON
SOLICITATION and CANVASSING
As used in this chapter, the following terms shall have the meanings
indicated:
The sale of goods, wares or merchandise of any sort or description
from house to house or upon any of the streets or sidewalks of the
Borough of Folcroft.
Any natural person, association, partnership, firm or corporation.
The taking of orders for goods, wares or merchandise of any
sort or description, including subscriptions for magazines or other
printed matter, the obtaining of contracts for home and building devices,
utility services, repairs or improvements or the securing of contributions
or of promises to contribute to various causes and organizations from
house to house or upon any of the streets or sidewalks of the Borough
of Folcroft.
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
No person shall engage in peddling, solicitation or canvassing
in the Borough without first having registered with the Police Department
of the Borough and obtained a license from the Borough Manager.
Any person desiring to engage in peddling, solicitation or canvassing
shall submit a written application to the Police Department on a form
to be furnished by the Borough, accompanied by two photographs, 2.5
inches by three inches, of himself taken within six months prior to
the date of the application. The application shall state the applicant's
name, age, sex, home address, business address, name and address of
employer, what he desires to peddle, solicit or canvass, the length
of time he wished to engage in such activity, the make, type and registration
number of any and all vehicles he will use and whether he has ever
been convicted of a felony, misdemeanor or a crime or any kind involving
moral turpitude. No license issued under this chapter shall be transferable
from one person to another. Where a person makes application for himself
and one or more helpers, all applicable personal information specified
above shall be given for each helper, and an individual license shall
be required for each helper. The Borough Manager will issue to the
applicant an identification license with one of the applicant's
photographs affixed within 10 days from the date of filing of the
application, provided that all information required is supplied by
the applicant.
A license will not be issued to any person who has been convicted
of a felony, misdemeanor or a crime of any kind involving moral turpitude.
The term of the license to be issued under this chapter shall
be for one day, one month or one calendar year. The license fee for
a one-day term shall be $50, for a one-month term shall be $250, and
for a one-calendar-year term shall be $500.
Every person to whom a license has been issued shall in the
conduct of his activities comply with the following standard of conduct:
A.
He shall first register with Borough police each day before engaging
in his activities.
B.
He shall carry his license at all times and exhibit it upon request
to any police officer or to any person on whom he shall call, with
whom he shall talk or any Borough official or citizen.
C.
He shall not enter or attempt to enter any dwelling without the invitation
or permission of the occupant and shall immediately leave any premises
upon request of the occupant.
D.
He shall not peddle, solicit or canvass at any time on Sunday or
upon any other day of the week before 11:00 a.m. or after 6:00 p.m.
E.
He shall not be guilty of any false pretense or misrepresentation,
and particularly he shall not represent his license to be an endorsement
of himself or his goods or services or the goods or services of his
employer.
F.
He shall immediately surrender his license to the Borough Manager
upon revocation thereof.
G.
He shall not peddle, solicit or canvass except within the limits
of activity and goods and services specified on his license.
H.
He shall not hawk or cry his wares upon any of the streets or sidewalks
of the Borough, nor shall be use any loudspeaker or horn or any device
for announcing his presence.
I.
He shall not place or deposit any refuse upon any of such streets
or alleys, nor may 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.
Any license may be revoked by the Borough Manager if the holder fails to comply with the standards of conduct contained in § 447-7 hereof, or any of them, or upon ascertainment by the Police Department that the holder has made a false statement in his application.
The license fee provisions of this chapter shall not apply to
boys or girls under 18 years of age who take orders for and deliver
newspapers, greeting cards, candy and the like or who represent the
Boy Scouts and Girl Scouts or similar organizations and take orders
for and deliver cookies and the like, nor to any person who registered
with the Pennsylvania Department of State, as required by Act No.
337, approved August 9, 1963, known as the "Solicitation of Charitable
Funds Act,"[1] nor to farmers selling their own produce, nor to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products or milk or milk products, nor to disabled American servicemen
nor to others exempt by law, but such exempt persons shall register
with the Borough Police Department.
[1]
Editor's Note: Said Act was repealed 4-30-1986 by P.L. 107,
No. 36. See now 10 P.S. § 162.1 et seq., the "Solicitation
of Funds for Charitable Purposes Act."
Any person who violates any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$100 nor more than $1,000 for each offense and the costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
for not more than 30 days.
