[HISTORY: Adopted by the Borough Council of the Borough of
Wyalusing as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-19-2005 as
Ch. 26 of the 2005 Code]
[Added 8-7-2017]
The purpose of this article is to regulate peddling and soliciting
as authorized under the Borough Code found at 8 Pa.C.S.A. § 2901
et seq.
As used in this article, the following terms shall have the
meanings indicated:
Included political, patriotic, religious, service, welfare,
benevolent, educational, civic or fraternal corporations, organizations,
associations, societies and the like, not organized for private gain.
Examples of nonprofit organizations include veterans groups and organizations
which assist the poor, the aged, the sick, the physically or mentally
challenged, or which aid victims of fire, flood or similar catastrophes.
This enumeration is intended to be typical and shall not be construed
as exclusive. All applicants shall provide satisfactory proof of nonprofit
status upon request, including, but not limited to, evidence of tax
exemption.
Any individual or person meeting the definition under this
article as a solicitor, peddler or transient, or itinerant merchant
or vendor engaged in the sale of a product who does not meet the definition
of an invited solicitor.
Includes local municipal agencies, school districts, county
agencies, Commonwealth of Pennsylvania, and Federal agencies. This
will include but no limit the agencies obtaining survey data or information
for government purposes, including census takers and assessment officials.
Any individual or person who is a member of a bona fide religious,
educational, charitable, nonprofit community service organizations
or government agencies as defined in this article and candidates or
campaign workers for political office or for legitimate campaign issues
who travel door to door in the Borough who are not engaged in the
sale of a product.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
Any person, whether a resident of the Borough of Wyalusing
or not, traveling by foot, wagon, automotive vehicle or any other
type of conveyance from place to place, from house to house or from
street to street, carrying, conveying or transporting goods, wares,
merchandise, meats, fish, vegetables, fruits, garden or farm products
or provisions, offering and exposing the same for sale or making sales
and delivering articles to purchasers or who, without traveling from
place to place, shall sell or offer the same for sale from a wagon,
automotive vehicle, railroad car or other vehicle or conveyance, and
further provided that one who solicits orders and, as a separate transaction,
makes deliveries to purchasers as a part of a scheme or design to
evade the provisions of this article shall be deemed a "peddler" subject
to the provisions of this article.
Includes the singular and the plural and shall also mean
and include any person, firm or corporation, association, club, copartnership
or society or any other organization.
Includes benevolent, civic or fraternal organizations, association,
societies and the like, not organized for private gain. Examples of
nonprofit organizations include organizations which provide a free
community service, assist the poor, the aged, the sick, the physically
or mentally challenged, or which aid victims of fire, flood or similar
catastrophes. This enumeration is intended to be typical and shall
not be construed as exclusive. All applicants shall provide satisfactory
proof of nonprofit status upon request, including, but not limited
to, evidence of tax exemption. Examples of service organizations as
defined for the purposes of this article are as follows: Rotary, Kiwanis,
Elks, Lions Club, etc.
Any individual, whether of the Borough of Wyalusing or not,
traveling either by foot, wagon, automobile, motor truck or any other
type of conveyance from place to place, from house to house or from
street to street, taking or attempting to take orders for sale of
goods, wares and merchandise, personal property of any nature whatsoever
for future delivery or for services to be furnished or performed in
the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such sale or whether he is collecting
advance payments on such sales or not, provided that such definition
shall include any person who, for himself or for another person, firm
or corporation, hires, leases, uses or occupies any building, structure,
tent, railroad boxcar, hotel room, lodging house, apartment, shop
or any other place within the Borough for the sole purpose of exhibiting
samples and taking orders for future delivery.
Any person, firm or corporation, whether as owner, agent,
consignee or employee, whether a resident of the Borough or not, who
engages in a temporary business of selling and delivering goods, wares
and merchandise within said Borough and who, in furtherance of such
purpose, hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad boxcar or public room in hotels, lodging
houses, apartments or shops or any street, alley or other place within
the Borough for the exhibition and sale of such goods, wares and merchandise,
either privately or at public auction, provided that such definition
shall not be construed to include any person, firm or corporation
who, while occupying such temporary location, does not sell from stock
but exhibits samples only for the purpose of securing orders for future
delivery only. The person, firm or corporation so engaged shall not
be relieved from complying with the provisions of this article merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer or by conducting such transient business in
connection with, as a part of or in the name of any local dealer,
trader, merchant or auctioneer.
No person shall engage as a peddler, commercial solicitor or
transient merchant within the Borough of Wyalusing without first having
obtained a license as hereafter provided.
A.
No license fee shall be charged under this section: to farmers selling
their own produce; for 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; or to any manufacturer or producer
in the sale of bread and bakery products, meat and meat products,
or milk or milk products, but the article may require any person,
partnership, firm or corporation in any or all of these excepted categories
to register with the Borough, and be subject to all other provisions
of the article except those pertaining to the payment of license fees;
provided, the term "milk or milk products" shall not include or apply
to ice cream or other frozen desserts; and provided further, that
any transient retail business dealing in one or more of the excepted
categories and selling other goods, wares and merchandise not excepted
shall be subject to the license fee fixed by the article for its activities
in connection with the sale of goods, wares and merchandise not in
any of the excepted categories.
B.
The license fee provisions of this article shall not apply to sales
made to manufacturers, merchants and dealers for resale only.
C.
Any commercial solicitor who was invited by the property owner to
meet at the property owner(s) residence to discuss the sale of their
product.
Authorized representatives of bona fide religious, charitable,
educational or service organizations government agencies and political
candidates or campaign workers may go door to door in the Borough
without any requirement to register provided they are not selling
any products. Any of these organizations selling a product shall be
exempt from the payment of any fee required by any section of this
article. All such organizations shall be required to submit, in writing,
to the Borough Secretary, the name and purpose of the cause for which
such activity is sought, the name and address of the immediate director
of such activity and the period during which such activity is to be
carried on in the Borough of Wyalusing. If the Borough Secretary,
after investigation, shall find that the organization is a bona fide
charitable, religious, educational or service organization, she shall
issue, free of charge, a license to carry on such activity for which
the license was issued. However, there will be no requirement to register
or pay a fee for any individual identified in this section who is
not selling a product.
An application, in writing, shall be filed with the Borough
Secretary for a license under this article. Such application shall
set forth the applicant's name, permanent and local address,
business address, if any, and physical description. The application
shall also set for the applicant's employer, if any, and the
employer's address, the nature of the applicant's business,
the last place of such business and the type of activity to be conducted
under the license.
A.
Upon receipt of such application, including a driver's license
or photo identification, proof of U.S. citizenship, or valid immigration
documents (i.e., visa) and the original shall be referred to the Borough
Secretary, who shall cause such investigation of the applicant's
business responsibility to be made as he deems necessary for the protection
of the public good.
[Amended 7-2-2012; 8-7-2017]
B.
If, as a result of such investigation, the applicant's business
responsibility is found to be unsatisfactory, the Borough Secretary
shall endorse on such application his or her disapproval and reason
for the same and return said application to the applicant indicating
that the application is disapproved and that no permit and license
shall be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
If, as a result of such investigation, the business responsible for
the applicant is found to be satisfactory, the Borough Secretary shall
endorse on the application her approval and shall, upon payment of
the prescribed license fee, deliver to the applicant his license.
Such license shall contain the signature and seal of the issuing officer
and shall show the name and address of said driver's licensee, which
shall be required, the kind of goods to be sold thereunder, the amount
of fee paid, the date of issuance and the length of time the same
shall be operative, as well as the license number and other identifying
description of any vehicle used in such activity. The Borough Secretary
shall keep a permanent record of all licenses issued. The license
can be denied of there is a record of any criminal activity involving
theft or drugs where the applicant was convicted of a felony. Each
solicitor and each contractor must submit this information before
they are granted a peddler license.
[Amended 8-7-2017]
Each solicitor or peddler shall at all times while doing business
in this Borough keep in his possession the license provided for in
this article and shall, upon the request of prospective customers,
exhibit the license as evidence that he has complied with all requirements
of this article. Each transient merchant shall publicly display his
license in his place of business.
No license issued under the provisions of this article shall
be used at any time by any person other than the one to whom it was
issued.
No person licensed as a peddler under this article shall hawk
or cry his wares upon any of the streets or sidewalks of the Borough,
nor shall be use any loudspeaker or horn or any other device for announcing
his presence by which the general public is annoyed.
Unless otherwise permitted by ordinance, no transient merchant
shall be permitted to sell from any fixed location in the public streets
nor shall any peddler, solicitor or transient merchant be permitted
to operate in any congested area where his operations might impede
or inconvenience the public. For the purpose of this article, the
judgment of the Borough Secretary exercised in good faith, shall be
deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced.
It shall be the duty of any the Code Enforcement Officer of
the Borough of Wyalusing to require any person seen peddling, soliciting
or doing business as a transient merchant and who is not known by
such officer to be duly licensed to produce his license and to enforce
the provisions of this article against any person found to be violating
the same.
The Borough Secretary shall maintain a record for each license
issued and record all violations therein.
A.
Permits and licenses issued under the provisions of this article
may be revoked by the Borough Secretary of the Borough of Wyalusing
after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting the business in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
B.
Notice of the hearing by the Borough Secretary for revocation of
a license shall be given in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such notice
shall be mailed, postage prepaid, to the licensee at his last known
address or otherwise placed in his possession at least five days prior
to the date set for hearing.
Any person aggrieved by the action of the Borough Secretary in the denial of a license as provided in § 338-7 of this article or in the decision with reference to the revocation of a license as provided in § 338-14 of this article shall have the right to appeal to the Council of the Borough of Wyalusing. Such appeal shall be taken by filing with the Council, within five days after notice of the action complained of has been mailed to such person's last-known address or otherwise placed in his possession, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal within five days after the date of filing, and such hearing shall be held not later than 15 days after the date of filing. Notice of such hearing shall be given to the appellant in the same manner as provided in § 338-14 of this article for notice of hearing on revocation.
All annual licenses issued under the provisions of this article
shall cover the period from January 1 to December 31.
No person licensed as a peddler under this article shall engage
in peddling at any time on Sunday or upon any other day of the week
before 9:00 a.m. or one hour after sunset but not later than 7:00
p.m.
[Amended 8-7-2017]
No license shall be issued under this article until the proper
fee, as follows, shall be paid to the Borough Secretary for the use
of the Borough unless changed by the Borough by resolution:
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the article. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorneys' fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
[Adopted 4-2-2007 as
Ch. 49 of the 2005 Code]
[Added 8-7-2017]
The purpose of this article is to regulate aggressive solicitation
and panhandling as authorized under the Borough Code found at 8 Pa.C.S.A.
§ 1202(5).
As used in this article, the following terms shall have the
meanings indicated:
Approaching or speaking to a person, or following a person before,
during or after soliciting if that conduct is intended or is likely
to cause a reasonable person to fear bodily harm to oneself or to
another, or damage to or loss of property or otherwise be intimidated
into giving money or other thing of value;
Continuing to solicit from a person after the person has given
a negative response to such soliciting;
Intentionally touching or causing physical contact with another
person without that person's consent in the course of soliciting;
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact;
Using violent or threatening gestures toward a person solicited;
Following the person being solicited, with the intent of asking
that person for money or other things of value;
Speaking in a volume unreasonably loud under the circumstances.
A device, linked to a financial institution's account
records, which is able to carry out transactions, including, but not
limited to: account transfers, deposits, cash withdrawals, balance
inquiries, and mortgage and loan payments.
The area composed of one or more automatic teller machines,
and any adjacent space, which is made available to banking customers
after regular banking hours.
Any banking corporation, credit union, or foreign exchange
office.
Asking for money or objects of value with the intention that
the money or object be transferred at that time, and at that place.
Soliciting shall include using the spoken, written, or printed word,
bodily gestures, signs, or other means with the purpose of obtaining
an immediate donation of money or other thing of value or soliciting
the sale of goods or services.
A place where a governmental entity has title, to which the
public or a substantial group of persons has access, including, but
not limited to, any street, highway, parking lot, plaza, transportation
facility, school, place of amusement, park, or playground.
Asking for money or objects of value, with the intention
that the money or object be transferred at that time, and at that
place. Soliciting shall include using the spoken, written, or printed
word, bodily gestures, signs, or other means with the purpose of obtaining
an immediate donation of money or other thing of value or soliciting
the sale of goods or services.
A.
No person shall solicit in an aggressive manner in any public place.
B.
No person shall solicit on private or residential property without
permission from the owner or other person lawfully in possession of
such property.
C.
No person shall solicit within 20 feet of public toilets.
D.
No person shall solicit within 20 feet of any entrance or exit of
any financial institution or check cashing business or within 20 feet
of any automated teller machine without the consent of the owner of
the property or another person legally in possession of such facilities.
Provided, however, that when an automated teller machine is located
within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the facility.
E.
No person shall solicit an operator or other occupant of a motor
vehicle while such vehicle is located on any street, for the purpose
of performing or offering to perform a service in connection with
such vehicle or otherwise soliciting the sale of goods or services.
Provided, however, that this subsection shall not apply to services
rendered in connection with emergency repairs requested by the operator
or passenger of such vehicle.
F.
No person shall solicit from any operator or occupant of a motor
vehicle on a public street in exchange for blocking, occupying, or
reserving a public parking space, or directing the operator or occupant
to a public parking space.
G.
No person shall solicit while under the influence of alcohol or a
controlled substance.
H.
No person shall solicit by stating that funds are needed to meet
a specific need, when the solicitor has the funds to meet that need,
does not intend to use funds to meet that need, or does not have that
need.
I.
No person shall solicit in any public transportation vehicle or in
any public parking lot or structure.
J.
No person shall solicit in a group of two or more persons.
K.
No person shall solicit within six feet of an entrance to a building.
L.
No person shall solicit within 20 feet of any pay telephone, provided
that when a pay telephone is located within a telephone booth or other
facility, such distance shall be measured from the entrance or exit
of the telephone booth or facility.
Anyone who is allowed under Article I, Transient Retail Merchants, of this chapter is exempt from the provisions of this article, which prohibit an individual from soliciting. However, they shall still be subject to the prohibitions that relate to aggressive manner soliciting set forth in § 338-22, in Subsections A through G of the definition of "aggressive manner."
[Amended 8-7-2017]
A.
Civil enforcement. Any person, firm or corporation who shall violate
any provision of this article shall, upon being found in violation
thereof, be subject to a civil penalty not to exceed $600 per violation
for each day of violation and for violation of each applicable section
of the article. If the penalty is not paid, the Borough shall initiate
a civil action for collection in accordance with the Pennsylvania
Rules of Civil Procedure.
B.
In addition, if found in violation, the violator shall be subject
to the assessment for court costs and reasonable attorneys' fees incurred
by the Borough in enforcement proceedings.
C.
The Council delegates the initial determination of the article violation
and service of notice of violation to the Code Enforcement Officer.
The Borough may enforce the article in equity in the Bradford County
Court of Commons.
[Added 8-7-2017]
In the event that any individual section or provision within
this article shall be found invalid, the invalidity shall pertain
only to the specific section, and all other aspects of this article
shall remain in full force and effect.
