[HISTORY: Adopted by the Borough Council of the Borough of Collegeville 4-6-2011 by Ord. No. 547. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any natural person, association, partnership, firm, organization or corporation.
TRANSIENT RETAIL BUSINESS
Includes the following five separate classifications:
(1) 
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery; the seeking or taking of subscriptions or contributions on 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 Collegeville; or the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations, including orders 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 Borough.
(2) 
PEDDLINGThe selling or offering for sale of any goods, wares, services and/or merchandise, including but not limited to flowers, shrubs and shrubbery, farm products and produce, for immediate delivery, which the person selling or offering for sale carries with him/her in traveling or has in his/her 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 the Borough.
(3) 
DISTRIBUTION OF ADVERTISING MATERIALSThe distribution of advertising materials for any goods, wares, services or merchandise on public or private property shall be subject to the regulations and requirements specified under this chapter pertaining to peddling and soliciting.
(4) 
TRANSIENT VENDORA person who is engaged in the selling or offering for sale of any goods, wares, services and/or merchandise, including but not limited to flowers, shrubs and shrubbery, farm products and produce for immediate delivery or taking orders for sale for future delivery, at any fixed outdoor location, on a seasonal or temporary basis, not in conjunction with and operating simultaneously with a Borough-authorized special event within the limits of private property with the permission of the property owner, provided that the use of such private property complies with the provisions of this chapter and the requirements of the Collegeville Borough Zoning Ordinance.[1] Unless otherwise specified in this chapter, transient vendors shall be subject to the regulations and requirements pertaining to transient retail businesses as set forth in this chapter.
[Added 11-6-2013 by Ord. No. 560]
(5) 
SPECIAL EVENTS VENDORA person who is engaged in the selling or offering for sale of any goods, wares, services and/or merchandise, including but not limited to flowers, shrubs and shrubbery, farm products and produce for immediate delivery or taking orders for future delivery, at any fixed outdoor location in conjunction with and operating simultaneously with a Borough-authorized special event, such as but not limited to a car show, parade, farmer's market, race, benefit, block party or other Borough-authorized special event.
[Added 11-6-2013 by Ord. No. 560]
[1]
Editor's Note: See Ch. 680, Zoning.
B. 
The singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the Borough of Collegeville without first having obtained a permit as herein provided.
A. 
Every person desiring to engage in soliciting or peddling and the distribution of advertising material upon private property in the Borough of Collegeville shall first make application to the Collegeville Police Department, 491 East Main Street, Collegeville, Pennsylvania, for a permit. If such person shall also be required to obtain a permit from any commonwealth or county officer, he/she shall, on making such application, exhibit a valid commonwealth and/or county permit. Said application shall be upon a form provided by the Collegeville Police Department and shall contain at least the following information verified by oath or affirmation:
(1) 
The full name of the applicant and local address, if any.
(2) 
Permanent address.
(3) 
The address at which the applicant will receive notices under this chapter.
(4) 
The name of the employer or other persons with whom the applicant is affiliated or a statement that such applicant is self-employed and/or is not affiliated with any other individuals in engaging in the activity for which a permit is being sought.
[Amended 11-6-2013 by Ord. No. 560]
(5) 
The nature of the goods, wares, services or merchandise involved or other purpose for the permit.
(6) 
A statement as to whether or not the applicant has ever been convicted of a crime, and if the answer is in the affirmative, the nature of the crime and punishment imposed therefor.
(7) 
The type of vehicle to be used, if any.
(8) 
The applicant shall also submit a photograph of himself, provided that where a person makes application for himself and one or more helpers, the applicable personal information specified above shall be given for each helper and verified by oath or affirmation by him/her, and an individual permit shall be required for each helper. No permit under this chapter shall be transferable from one person to another.
(9) 
Dates and locations within the Borough where peddling or soliciting activities are to take place. If a person is making application on behalf of a political, charitable, religious or tax-exempt organization, for one or more other individuals within the organization, names shall be provided for each day that activities are to take place. Should the names or dates change after the application is filed, those changes shall be provided before any activities take place.
B. 
Placement of materials.
(1) 
No advertising materials shall be placed by any person, whether permitted under this chapter or not, upon any parked motor vehicle within the Borough in the interest of preventing the accumulation of litter upon private and public properties within the Borough.
(2) 
No advertising materials shall be thrown, dropped, placed, posted, deposited or caused to be thrown, dropped, placed, posted or deposited upon any of the streets, sidewalks, parks, playgrounds, parking lots or other public properties within the Borough.
No permit shall be issued under this chapter until the fee, if applicable, is paid to Collegeville Borough for transmittal to the Borough Treasurer for the general use of the Borough. All fees shall be set by resolution of the Borough Council from time to time. A separate permit fee shall be paid by each individual who shall actually conduct soliciting or peddling in the situation where a principal or employer desires to secure permits for agents, employees or servants.
[Amended 11-6-2013 by Ord. No. 560]
Any permit issued for the purpose of engaging in soliciting, peddling and distribution of advertising material shall be valid and remain in force and effect for a period of 30 days after issuance. Any permit issued to a transient vendor shall be valid and remain in force and effect for a period of two weeks after issuance. A permit may be renewed at expiration only one time by the permittee by the payment of an additional permit fee as set by resolution of the Borough Council from time to time. At the time of any said permit renewal, the permittee shall file an amendment to the original application to reflect any changes necessary in the information therein contained. There shall be no more than two permits or one permit and one renewal per calendar year, per applicant. A permit may be renewed no more than one time.
Any permit issued for the purpose of engaging in soliciting and peddling may be denied, suspended or revoked at any time upon proof that:
A. 
The application for the permit contains false information;
B. 
The permittee has been convicted of a crime of fraud or a felony or a crime involving moral turpitude; or
C. 
The permittee has failed to comply with any rules of conduct prescribed in this chapter.
[Amended 11-6-2013 by Ord. No. 560]
Any person to whom a permit has been issued hereunder shall comply with the following rules of conduct:
A. 
The permittee shall have in his/her possession at all times the permit issued to him/her and shall exhibit it upon request.
B. 
A permittee shall not engage in soliciting or peddling involving a product or service not set forth in the permit application.
C. 
The permittee shall not allow any other person or individual to have possession of the permit issued to him/her and shall immediately report the loss of any permit to the Borough.
D. 
The permittee shall not permit the permit to be altered or defaced.
E. 
Any permittee engaged in soliciting or peddling shall do so only between the hours of 9:00 a.m. and 9:00 p.m. on any day of the week.
F. 
No permittee shall park any vehicle upon any street, alley or roadway within the Borough for a period of time longer than is reasonably necessary to sell therefrom to persons residing in the immediate vicinity.
G. 
No permittee shall enter or attempt to enter any dwelling or residence without invitation or permission of the occupant, and the permittee shall immediately leave any premises upon request.
H. 
No permittee shall represent that the permit issued to him/her is in any way an endorsement by Collegeville Borough of the permittee or the goods or services which he/she sells, solicits or peddles.
I. 
Under no circumstances may a person peddling or soliciting do so within any highway or highway right-of-way within the Borough of Collegeville.
J. 
All notices posted in accordance with § 461-11 shall be strictly obeyed.
K. 
All permittees shall wear a visible tag or otherwise display the name of the organization for which they are soliciting or peddling and their name, the tag to be displayed on the left lapel or chest and the tag to be secured from the Collegeville Police Department.
L. 
All advertising materials distributed by a permittee upon private property shall be securely placed on a porch or doorway (without the use of tape, tacks or nails or other materials which could damage property) so that the materials will not be carried from the building or residence by the elements.
M. 
Transient vendors shall be permitted to conduct business only in those zoning districts in the Borough of Collegeville which permit retail sales.[1] Additional conditions may be attached to permits issued to transient vendors at the discretion of the Borough for the protection of the public health, safety and welfare.
[1]
Editor's Note: See Ch. 680, Zoning.
A. 
The following persons shall be exempt from the obligation to apply for and receive a permit as otherwise required by this chapter:
(1) 
Persons, groups, their employees, agents and representatives who engage in door-to-door soliciting and/or peddling on behalf of nonprofit and/or exempt organizations and causes that are in compliance with the provisions set forth by the Commonwealth of Pennsylvania, Department of State, Bureau of Charitable Organizations, are exempt from the requirement to obtain a permit and to pay any fee to peddle or solicit.
(2) 
Persons operating a roadside stand for the sale of farm products, foodstuffs and produce by the producers or growers of such items or for the taking of orders for the sale of such farm products, foodstuffs and produce grown or produced on their own land in the Collegeville Borough. The Borough Council of the Borough of Collegeville may establish from time to time by resolution, rules and regulations for the sale of farm products, foodstuffs and produce at a roadside stand for the protection of the public health, safety and welfare.
[Amended 11-6-2013 by Ord. No. 560]
(3) 
Persons who have prior invitation of the property owner to come upon their property for the purpose of seeking or taking orders by any manufacturer, producer or distributor for the sale of bread and bakery products, meat and meat products or milk and milk products as part of an established and recognized delivery route.
(4) 
Persons taking orders for merchandise from dealers, merchants or manufacturers at their regular place of business and for business use.
(5) 
Special events vendors operating a stand or vendor booth who are duly registered vendors in conjunction with and during the hours specified and approved by the Borough of Collegeville for the purpose of operating and promoting a special event, such as but not limited to a car show, parade, farmer's market, race, benefit, block party or other duly authorized special event in the Borough of Collegeville at the time, location and in the manner prescribed by the Borough of Collegeville. The Borough Council of the Borough of Collegeville may establish from time to time by resolution, rules and regulations for the sale of farm products, foodstuffs, produce and any other goods or wares sold by a special events vendor for the protection of the public health, safety and welfare.
[Added 11-6-2013 by Ord. No. 560]
B. 
All persons, groups, their employees, agents and representatives who engage in door-to-door soliciting and/or peddling on behalf of nonprofit and/or exempt organizations and causes are required to provide proof of their nonprofit and/or exemption if requested by the Borough.
Any Borough resident or person desiring to limit or protect his/her privacy in regards to door-to-door soliciting or peddling may do so by complying with the following requirements:
A. 
Notice of the determination by any occupant of any residence within the Borough of a refusal of invitation to solicitors or peddlers shall be given by notice posted on the premises in one of the two following manners:
(1) 
NO SOLICITORS OR PEDDLERS.
(2) 
NO SOLICITORS OR PEDDLERS AFTER _____ P.M.
B. 
Any occupant desiring to limit solicitation or peddling to hours earlier than the 9:00 p.m. limit set forth under Subsection E shall do so by entering the appropriate time within the notice authorized under Subsection A(2) hereinabove.
C. 
The letters utilized in the notice shall be at least one-inch in height. For the purpose of uniformity, the notice cards shall be provided by the Borough to persons requesting them at the cost thereof.
D. 
Such notice so exhibited shall constitute sufficient notice to any solicitor or peddler of the determination by the occupant of the residence of the information contained thereon.
E. 
It shall be the duty of every solicitor or peddler, upon going onto any premises in the Borough on which a residence is located, to examine and look for the notice provided for in Subsection A above, if any is posted, and be governed by the statement contained on the notice. If the notice states NO SOLICITORS OR PEDDLERS, then the solicitor or peddler shall immediately and peacefully depart from the premises. If the notice states NO SOLICITORS OR PEDDLERS AFTER _____ P.M., then the solicitor or peddler shall immediately and peacefully depart from the premises if the time of day is after that indicated in the notice.
F. 
In any residential development where there exists a lawfully constituted homeowners' association whose membership consists of all owners of dwelling units within the development, it shall be lawful for the association, upon the consent of a majority of its members, to post the notice authorized under Subsection A hereinabove upon signs posted conspicuously at all entrances to the development, subject to the sign requirements of Article XXIII, Zoning,[1] in lieu of posting of notices at each residence. It shall be the duty of every solicitor or peddler, upon entering a development, to examine and look for such notice at the entrance thereto and be governed accordingly as set forth under Subsection E hereinabove.
[1]
Editor's Note: See Ch. 680, Zoning, Art. XXIII, Signs.
G. 
It shall be a violation of this chapter if any solicitor or peddler refuses to comply with any notice so posted in accordance with this chapter.
A. 
The provisions of this chapter shall be enforced by the Collegeville Police Department who shall have the power to determine in each instance whether a violation has occurred. Any person who shall violate or permit the violation of any provision of this chapter shall, upon conviction of a summary offense before a Magisterial District Judge, be sentenced to pay a fine not to exceed $1,000 per violation with costs of prosecution and, in default of the payment of such fine and costs, be sentenced to undergo imprisonment to the extent allowed by law for the punishment of summary criminal offenses. A separate offense under this chapter shall be deemed to occur for each day or portion thereof in which a violation is found to exist or for each section of this chapter which is found to have been violated. All fines and penalties collected for the violation of this chapter shall be paid to the Borough Treasurer.
B. 
In addition to the penalty provisions hereinabove, the Borough Manager or his/her designee may institute proceedings in equity to compel compliance with this chapter.