[HISTORY: Adopted by the Borough Council of the Borough of
Collegeville 4-6-2011 by Ord. No.
547. Amendments noted where applicable.]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
(3)
(4)
(5)
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm, organization
or corporation.
Includes the following five separate classifications:
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.
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.
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.
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]
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]
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.
Nothing in this chapter shall be construed to allow peddling
or soliciting at a permanent location in the Borough for the purpose
of more than one sale at one location.
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:
Any application for a permit made to the Collegeville Police
Department shall be granted or denied within 72 hours.
[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.
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.
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:
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.
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.
