[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 hereof, when so engaged; including, without limitation,
real estate, insurance or securities brokers and salespeople.
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.
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.