[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 This ordinance repealed all conflicting ordinances and parts of ordinances to the extent of conflict and specifically repealed Ord.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:
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.
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 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;
C. 
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.
TRANSIENT MERCHANT
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]
A. 
The application fee for solicitors and transient merchants as required by § 426-5 of this article is set at $5 per application.
B. 
The license fee for solicitors and transient merchants as required by § 426-14 of this article shall be as follows:
(1) 
$50 per day for no longer than three consecutive days in any calendar month.
C. 
Monthly and yearly permits shall not be issued.
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.