[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:
CHARITABLE ORGANIZATION
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.
PARKING LOT
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.
SOLICITOR
Includes any person:
A. 
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;
B. 
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;
C. 
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.
TRANSIENT MERCHANT
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.
D. 
Once the application of the organization, society, club or association referenced in § 390-4C of this section has been completed and it has been established that its nature is that referenced in § 390-4C of this section, then the Police Department shall issue a permit to the group without charge.
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.
A. 
The application fee for solicitors and transient merchants is set at $10 per application.
B. 
The license fee for solicitors and transient merchants shall be as follows:
(1) 
Per day: the sum of $10.
(2) 
Per month: $100.
(3) 
Per year: $300.
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.
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.
[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.