[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-16-1991 by Ord. No. 463]
When used in this article, the following terms shall have the
following meanings:
An organization which has been granted an exemption by the
United States Internal Revenue Service under Section 501(c) or Section
509(a) of the Internal Revenue Code.
Any place maintained for the outdoor parking of cars, excepting
on a street, alley, or other public place, where such parking is permitted
upon payment of compensation or is made available solely to patrons
or customers of any place of business.
Includes any person:
Who goes from private house to house conveying or transporting
goods, wares or merchandise or offering or exposing the same for sale
or making sales or delivering articles, goods, wares or merchandise
to purchasers;
Who goes from private house to house, soliciting or attempting
to take orders from individuals for sale of goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever, for future delivery, or for service to be performed
at that time or in the future, whether or not such individual has,
carries or exposes for sale a sample of the subject of such order
or whether or not he is collecting advance payments on such orders;
Who goes from private house to private house, business to business
or parking lot to parking lot, disseminating any written information
for themselves or for any organization for any purpose, soliciting
donations or moneys for themselves or for any organization for any
purpose, whether or not anything of value is given in return.
Includes any person who temporarily and for a short time
hires, rents or obtains a definite place of business, whether a storeroom,
outdoor market stand, motel room, or a private residence for the sale
of goods, wares, merchandise, fresh fruit or produce to offer or expose
the same for sale or for future delivery and sale. ("Temporarily"
and "short time" shall be construed as three months or less.)
The terms of this article shall not be held to include the acts
of merchants or their employees or agents in delivering goods or services
in the regular course of business, nor shall it apply to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products, or milk and milk products.
It shall be unlawful for any solicitor or transient merchant, as defined in § 390-1 of this article, to engage in any such business within the Borough of Blawnox without first obtaining a license therefor in compliance with the provisions of this article.
A.
Applicants for a license under this article must file with the Police
Department of the Borough of Blawnox an application, in writing, on
a form to be furnished by the Borough of Blawnox, which will give
the following information:
(1)
Name and physical description of applicant.
(2)
Complete permanent home and local address of the applicant and, in
the case of transient merchants, the local address from which proposed
sales will be made.
(3)
A brief description of the nature of the business and the goods to
be sold or the organization on behalf of which funds are solicited.
(4)
If employed, the name and address of the employer.
(5)
The source of supply of the goods or property proposed to be sold,
or orders taken for the sale thereof, and the proposed method of delivery.
(6)
Two recent photographs of the applicant; which shall be approximately
two inches, showing the head and shoulders of the applicant in a clear
and distinguishable manner.
(7)
A statement as to whether or not the applicant has been convicted
of any felony.
(8)
Applications involving solicitation for a charitable institution
shall be accompanied by a copy of the grant of exemption issued by
the Internal Revenue Service.
(9)
The period and times during which solicitation is to be conducted.
B.
This application completed as to all matters inquired of shall be
turned over to the Police Department of the Borough of Blawnox, together
with the initial fee to cover the expenses of investigation, payable
to the Borough of Blawnox.
C.
In lieu of the requirements of § 390-4A(1) through (9), any school, political, patriotic, philanthropic, or civic organization, benevolent society, service club, or organization, not-for-profit, which is not a transient merchant and whose solicitors are permanent residents of the Borough of Blawnox and which is subject to the provisions of this article shall file with the Police Department of the Borough of Blawnox an application on a form to be furnished by the Borough of Blawnox which will give the following information:
(1)
The name and purpose of the cause for which the permit is sought;
(2)
The name and address of the local sponsor;
(3)
The period and times during which solicitation is to be conducted;
and
(4)
A list of the names and addresses of all of the members of the organization
who shall participate in the solicitation.
A.
Upon receipt of each application, it shall be immediately reviewed
by the Police Department for accuracy.
B.
If, as a result of such review, the application is found to be true,
the Chief of Police or his designate shall endorse on the application
his approval and, upon payment of the prescribed initial license fee,
deliver to the applicant his or her license within five days after
payment of the fee, provided that no license shall be issued to any
convicted felon.
C.
Such license shall contain the signature of the issuing officer and
shall show the name, address and photograph of said licensee, and
the date of issue and the expiration date. Each solicitor or transient
merchant must secure an individual license. No license shall be issued
at any time by any other person other than the one to whom it is issued.
The Police Department of the Borough of Blawnox shall keep a permanent
record of all licenses issued and those rejected.
Solicitors for charitable organizations shall comply with the
provisions of this article, but no application or license fee shall
be charged.
A.
No licensee shall solicit at private residences on Sunday, nor before
9:00 a.m. or after 6:00 p.m. prevailing time, on weekends.
B.
No license shall solicit at any private residence exhibiting a sign
reading "No Solicitors" or words of the same meaning.
C.
Residents may erect "No Solicitors" or similar sign not to exceed
120 square inches in size, which for the purpose of this article shall
be conspicuously displayed near their entrance walk or doorway.
D.
Solicitors may solicit at business properties in the Borough with
the permission of the property owners during all business hours and
may solicit in the Borough streets and other public places from 9:00
a.m. prevailing time to sunset, provided that such solicitors obtain
a license as required by this article and they shall be subject to
all the other provisions of this article.
Licensee shall exhibit their license at the request of any resident
or police officer.
A.
Licenses issued under the provisions of this article may be revoked
by the Chief of Police or his designee with respect to such persons,
after notice and opportunity for a hearing of any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for licenses.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or transient merchant.
(3)
Any violation of this article.
(4)
Conviction of a felony or a misdemeanor.
(5)
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of the peace.
(6)
Refusing to leave premises when asked to do so by the occupant.
B.
Notice of the revocation of a license shall be given, in writing,
setting forth specifically the grounds of the complaint and the opportunity
for a hearing in front of Blawnox Borough Council. Such notice shall
be transmitted by certified mail, postage prepaid, to the permittee
at his last-known address.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 390-5 of this article, or in the action of the revocation provided in § 390-10 of this article, shall have the right to appeal within five days thereafter to the Borough Manager and then, if unresolved, by filing written notice of appeal for hearing by the Borough Council at its next meeting. Upon such appeal, the Borough Council may reverse, affirm or modify in any regard the determination of the Borough of Blawnox.
All permits expire on the date specified in the permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of this article are declared to be severable,
and, if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this article, but they shall stand notwithstanding
the invalidity of any part.
All ordinances or parts of ordinances conflicting with the provisions
of this article are hereby repealed to the extent of such conflict.
