[HISTORY: Adopted by the Borough Council of the Borough of
Springdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-18-1936 by Ord. No. 417 (Ch. 54, Art. III, of the 1969 Code)]
Hereafter, every person, persons, firm or corporation, whether
principal or agent, entering into or desiring to begin a transient
business within the Borough of Springdale for the sale of any goods,
wares or merchandise, and who hires or occupies a room, apartment,
store, shop, building or other structure for the exhibition and sale
of such goods, wares or merchandise, shall before starting said sale
or business obtain a license therefor from the Borough Clerk.
[Amended 10-17-2017 by Ord. No. 1253]
A fee of $15 per day per person will be charged for the issuance
of a registration certificate and will accompany the registrant's
application.
This article shall not apply to farmers selling their own product
or to the sale of goods, wares and merchandise donated and the proceeds
used for charitable or benevolent purposes.
Anyone violating the provisions of this article, upon conviction
before the Mayor of the Borough or a Magisterial District Judge, shall
be fined not less than $100 nor more than $200, in default of payment
of which they shall undergo imprisonment in jail for a period of 30
days.
Each day said business is carried on shall be considered a separate
offense, and separate informations therefor shall be made.
[Adopted 10-17-2017 by Ord. No. 1253]
The following words shall be construed to have the meanings
set forth below throughout this article, and the singular shall include
the plural, and the masculine gender shall include the feminine and
neuter:
The practice of going from dwelling unit to dwelling unit
to conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government); to make analyses,
to take opinion polls, to compile rating data; to obtain or seek contributions
or donations for any person or organization or cause; to advance religious
or political causes and proselytizing with regard thereto; and to
conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars.
Any goods or services, including, but not limited to, magazines,
periodicals, books, orders or contracts for services, home improvements
or alterations.
Any canvasser or solicitor required to apply for a registration
certificate under this party. Such term shall include all agents and
employees of the canvasser or solicitor which is required to register.
The practice of going from dwelling unit to dwelling unit
selling, causing to be sold, offering for sale or taking orders for
present or future delivery of merchandise or services. "Canvass or
solicit" does not include a series of licensed entries on private
property (e.g., milkman making normal deliveries).
Unless otherwise exempted by law, no person desiring to canvass
or solicit in the Borough whose purposes include commercial solicitation
or seeking contribution of funds shall do so without first having
obtained a registration certificate from the Chief of Police.
Any person required to obtain a registration certificate shall
submit a written application to Chief of Police on a form furnished
by the Borough. The applicant shall state for himself or herself,
and each of his agents or employees who will canvass or solicit, the
name, age, sex, home address, business address, name and address of
the employer, if any; what he desires to canvass or solicit for; the
days, dates and route of the registrants' canvassing or soliciting;
a statement as to whether he/she has been convicted of or pled guilty
to a crime involving moral turpitude and, if so convicted, where and
when and the nature of the offense(s); and the make and type of vehicle,
if any, he will use, and its registration number. Any applicant shall
be required to, after submitting an application on a form provided
by the Borough and providing a copy of a valid driver's license,
military ID, or state issued ID. The Chief of Police, or his delegate,
will issue to the applicant a registration certificate within one
business day from the date of filing of the application. Such certificate
may not be transferred from one person to another.
A fee of $15 per day per person will be charged for the issuance
of a registration certificate and will accompany the registrant's
application.
Each registrant shall carry the registration certificate at
all times when in the Borough and shall exhibit it to each resident
who is visited by the registrant. In addition, the registrant will
exhibit the certificate to any Borough citizen or resident or Borough
official upon request.
In the event an application for a registration certificate is
disapproved by the Chief of Police or his or her delegate, the applicant
may, within five days of the denial, appeal the decision to the Borough
Council, which shall set a time and place for a hearing. This hearing
shall be held within 30 days after the appeal is taken by the appellant,
at which hearing the appellant will be given an opportunity to present
reasons why the registration certificate should be issued. The decision
of the Borough Council shall be made within 10 days of the appeal
hearing.
A.
Hours. No person shall canvass or solicit in the Borough between
the hours of 9:00 p.m. and 9:00 a.m. the next day; provided, however,
that on Sunday, canvassing and soliciting is permitted only between
12:00 noon and 7:00 p.m. This restriction shall apply to all persons,
including those to whom a registration certificate has been issued.
B.
List. No person who is required to obtain a registration certificate
shall canvass or solicit in the Borough without first obtaining from
the Chief of Police a list of all residences and dwelling units in
the Borough where the owner/occupant of the residence or dwelling
unit has notified the Borough, in writing, that he/she does not wish
to be visited on his or her premises at any time by any person performing
any canvassing and/or soliciting activity. No registrant or person
required to register may canvass or solicit at any dwelling unit designated
on such list. Any registrant who is canvassing or soliciting in the
Borough must carry such list while canvassing or soliciting. Any such
written notice from an owner/occupant may be revoked, in writing,
at any time by such owner/occupant.
C.
Signs. No person, whether or not a registrant, shall conduct any
canvassing or soliciting activity at any private property which has
posted a "No Solicitation" or "No Solicitors" or "No Trespassing"
sign. Such sign shall be reasonably visible to persons entering the
property at the driveway or sidewalk, if any.
The Chief of Police or his or her designate may revoke the registration
certificate of any registrant found to be in violation of any provision
of this article.
[Added 11-20-2018 by Ord.
No. 1271]
Any person, group or organization violating any of the provisions
of this article shall be guilty of a summary offense, punishable by
a fine of not less than $300 and not more than $600. Penalties shall
apply to any individual violating the terms of this article, and each
day that a violation is found to occur shall be subject to a separate
fine without need to file separate citations for same.
