[HISTORY: Adopted by the Borough Council of the Borough of
Etna as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-19-1983 by Ord. No. 1145[1] (Ch. XIV, Part 5, of the 1974 Code of Ordinances)]
[1]
Editor's Note: The headings of this article are part
of this ordinance as enacted. This ordinance repealed all conflicting
ordinances and parts of ordinances to the extent of conflict and specifically
repealed Ord. No. 1074.
It is the purpose of this article to control and correct certain
conditions connected with activities of persons entering upon private
residential properties for the purpose of soliciting, as herein defined,
and the Borough Council having first determined that solicitation
can and does lead to crime, fraud and invasion of privacy of Borough
residents in the quiet enjoyment of their homes before and after normal
working hours. This article is also intended to prevent similar abuses
by transient merchants, as herein defined.
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.
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 the sale of goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever for future delivery, or for services 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,
whether or not he is collecting advance payments on such orders;
Who goes from private house to house soliciting donations or
money for themselves or 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
or a market stand, or a private residence for the sale of goods, wares,
merchandise, or to offer or expose the same for sale or for future
delivery, and sale. ("Temporarily" and "short time" have been 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
as 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 § 426-2 of this article, to engage in any such business within the Borough of Etna 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 an application in writing on a form to be
furnished by the Borough, which shall give the following information:
(1)
The name and physical description of the applicant.
(2)
Complete and permanent house 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 who will supply 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 distinguishing manner.
(7)
A statement as to whether or not the applicant has been convicted
of any felony or crime involving moral turpitude.
(8)
Applications involving solicitation for charitable institutions shall
be accompanied by a copy of the grant of exemption issued by the Internal
Revenue Service.
B.
This application completed as to all matters inquired of shall be
turned over to the Police Department of the Borough, together with
the initial fee to cover the expenses of investigation, payable to
the Borough of Etna.
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 designee shall endorse on the application
his approval and return the application to the Borough Secretary or
designee, who shall, upon payment of the prescribed initial license
fee, deliver to the applicant his or her license within 24 hours after
payment of the fee, provided that no license shall be issued to any
convicted felon or person convicted of a crime involving moral turpitude.
C.
Such license shall contain the signature of the issuing officer,
and shall show the name, address and photograph of the said licensee,
the class license issued, and the kind of goods or organization involved,
the amount of fee paid, the date of issuance and the expiration date,
as well as the license number and other identifying description of
any vehicle used in such licensed business. Each solicitor or transient
merchant must secure an individual license. No license shall be used
at any time by any person other than the one to whom it is issued.
The Borough Secretary 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 private residences on Sunday, nor before
9:00 a.m. or after 5:00 p.m., prevailing time, on weekdays.
B.
No licensee 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 signs not to exceed
120 square inches in size, which for the purposes of this article
shall be conspicuously displayed near their entrance, walk or doorway.
D.
Solicitors may solicit a business property in the Borough during
all business hours and may solicit in 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 of the other provisions of this article.
Licensees 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, 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 as solicitor or transient merchant.
(3)
Any violation of this article.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of peace.
(6)
Refusing to leave premises when asked to do so by the occupant.
B.
Notice of revocation of license shall be given in writing, setting
forth specifically the grounds of complaint and the opportunity for
a hearing. 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 an application approval as provided for in § 426-6 of this article or in the action of the revocation provided in § 426-10 of this article, shall have the right to appeal to the Borough of Etna Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for such appeal. Hearings shall be governed by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq.
All permits expire on the date specified on the permit.
[Amended 12-11-1989 by Ord. No. 1208]
Any person, firm or corporation who or which violates any provision
of this article shall, for every such violation, upon conviction,
be sentenced to pay a fine of not less than $50 or more than $600
and costs of prosecution and, in default of payment of fine and costs,
to undergo imprisonment for not more than 30 days, provided that each
day's continuance of a violation shall constitute a separate
offense.
Every applicant for a license as a solicitor or transient merchant
under this article shall pay a license fee as established by this
article.
[Amended 10-20-1992 by Ord. No. 1224]
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.
