[Ord. No. 2-2020, 9/14/2020]
1. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in soliciting as hereinafter 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 them in traveling or has in their 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 person, association, partnership, firm, organization or corporation.
SOLICITING
The seeking or taking of contract 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 residences or by entering in or upon private property within the Borough of Wyoming, and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvement and alterations and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for houses or other building improvements or repairs upon or from places aforesaid within said Borough.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
2. 
The words "soliciting" and "peddling" shall not apply to:
A. 
Farmers seeking or taking orders for the sale of their own products.
B. 
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
C. 
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.
D. 
Any honorably discharged soldier, sailor or marine of the military service who complies with the Act of Assembly of the Commonwealth of Pennsylvania of 1867, April 8, P.L. 50, as amended, and who procures from the Prothonotary of the proper county a certificate in pursuance of said Act of Assembly.
E. 
The seeking or taking of orders by insurance agents or brokers or stock or banking brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
F. 
Persons, corporations, partnerships and associations and their agents or employees who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1925, P.L. 644, as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.
G. 
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
[Ord. No. 2-2020, 9/14/2020]
It shall be unlawful for any person, not exempted by § 16-3 hereof, who is not the holder of a valid and unexpired license issued pursuant to this chapter, to engage in selling or soliciting the sale or purchase, by use of any sample or otherwise, of food, printed matter, services, goods, wares or merchandise of any description or to engage in soliciting contributions, gifts or pledges of money by visitation to private homes or residences or on the public streets or highways of the Borough of Wyoming.
[Ord. No. 2-2020, 9/14/2020]
1. 
The following persons are exempted from the licensing requirements of this chapter:
A. 
Persons soliciting contributions in behalf of organizations or nonprofit corporations or a political entity for the purpose of political canvassing exempted from the provisions of or duly registered pursuant to 10 P.S. § 162.1 et seq., as amended, who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation or political entity.
B. 
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 209-1[1] hereof, when so engaged; including, without limitation, real estate, insurance or securities brokers and salespeople.
[1]
Editor's Note: So in original.
C. 
Persons soliciting funds or canvassing for purposes permitted under the Act of 1937, June 3, P.L. 1333 (25 P.S. § 2601 et seq.), as amended (the Pennsylvania Election Code).
D. 
Authorized persons, carrying satisfactory identification, engaged in making surveys or collecting information for the federal, state, county, or The Borough of Wyoming government or any agency thereof. Also exempt shall be authorized persons, carrying satisfactory identification, engaged in making surveys or collecting information for any bona fide educational or quasi-governmental agency, if such activity has previously been approved by the Board of Commissioners.
2. 
In an effort to ensure pedestrian safety and maintain the efficient flow of traffic, no person, firm, or corporation exempt from licensing under this section shall distribute flyers, solicit funds, or can on any roadway, medial barrier, berm, shoulder, or traffic way within the Borough of Wyoming.
3. 
Any person who is exempt under this subsection or any person who is engaged in political canvassing shall only conduct such activities Monday through Saturday from 9:00 a.m. until 8:00 p.m.
4. 
Any person with a permit shall comply with "No Soliciting" notices on any property or business in the Township.
[Ord. No. 2-2020, 9/14/2020]
1. 
Every person desiring to engage in soliciting or peddling in the Borough of Wyoming shall first make application to said Borough Manager of representative of the administrative staff for a license. If such person shall also be required to obtain a license from any Luzerne County officer or Commonwealth of Pennsylvania officer or agency, they shall, on making such application, exhibit those valid licenses. Said application shall be issues upon completion of a form provided by said Borough and shall contain at least the following information verified by oath or affirmation:
A. 
Full name of the applicant and local address, if any.
B. 
Permanent address.
C. 
Name of employer or a statement that such applicant is self-employed.
D. 
The nature of the goods, wares, services or merchandise offered for sale.
E. 
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 imposed.
F. 
The type of vehicle to be used, if any.
G. 
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph.
2. 
Where a person makes application for himself/herself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him/her, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
3. 
The application shall be filed at least 15 days prior to the date the solicitation or peddling is to commence.
[Ord. No. 2-2020, 9/14/2020; as amended by Ord. No. 3-2022, 2/14/2022]
No license shall be issued under this chapter until the required fee of $250 shall be paid to the Borough of Wyoming by and through the Borough Manager or administrative representative in the Offices of the Borough of Wyoming, and it shall be for the use of the Borough of Wyoming. A separate permit fee shall be paid by each person who shall conduct the soliciting or peddling and shall apply where an employer desires to secure licenses for his employees, agents or servants. Said individual permit will require a $50 fee. The license and permit shall be issued for the same thirty-day period. No permit shall be issued without a license.
[Ord. No. 2-2020, 9/14/2020]
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license, and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, they shall be required to file a new application for a permit and pay a new license fee.
[Ord. No. 2-2020, 9/14/2020]
Such license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall at all times when engaged in soliciting or peddling in the Borough of Wyoming carry such license upon his/her person and shall exhibit it upon request to all police officers, officials and citizens. No solicitor or peddler shall engage in selling any products or services not mentioned on such license.
[Ord. No. 2-2020, 9/14/2020]
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys of said Borough in order to sort, rearrange or clean any of his/her goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in said Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
[Ord. No. 2-2020, 9/14/2020]
No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 8:00 p.m. During the time of the year when Eastern standard time is effective, the aforesaid hours shall be Eastern standard time, and during the time of the year when daylight saving time is effective, the aforesaid hours shall be daylight saving time.
[Ord. No. 2-2020, 9/14/2020]
The Chief of Police shall at all times keep a record of all licenses issued under this chapter and shall reasonably supervise the activities of all holders of such licenses.
[Ord. No. 2-2020, 9/14/2020]
Any license issued under this chapter may be suspended or revoked at any time by the Chief of Police upon proof being furnished 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 the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Borough of Wyoming.
[Ord. No. 2-2020, 9/14/2020]
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of said Borough, nor shall they use any loudspeaker, bell, whistle or other device for announcing their presence by which causes a public annoyance.
[Ord. No. 2-2020, 9/14/2020]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $150, and costs of prosecution, for each and every offense.