[HISTORY: Adopted by the Borough Council of the Borough of
Elverson 7-12-1965 by Ord. No.
65-2; amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Borough of Elverson Peddling
and Soliciting Ordinance."
To regulate the distribution of certain materials, peddling,
soliciting and related activities within the Borough of Elverson,
hereinafter referred to as "Borough." The registration of persons
engaged in the above-mentioned activities is required so that the
identity of persons going door to door or distributing materials within
the Borough may be established, so that general regulations may be
more effectively enforced for the protection and maintenance of the
health, safety and welfare of the inhabitants of the Borough and to
prevent dishonest business practices and deter criminal activity in
the Borough.
The following words shall be given the following meanings:
The Borough of Elverson, Chester County, Pennsylvania.
Any person who distributes or causes to be distributed on
any public place within the Borough any handbill, advertisement, circular,
card, pamphlet or printed material of any kind other than a regular
delivered newspaper, magazine or periodical.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders, or contracts for orders, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling or
delivering the merchandise to customers.
Any person, whether a resident of the Borough or not, who
goes from house to house or from place to place, traveling by any
form of conveyance, soliciting, taking or attempting to take orders
for the sale of merchandise or services of any kind for future performance
or delivery, whether or not he/she is collecting advance payments
for such sales or orders, or who engages in these types of activities
in any public place. The word "solicitor" shall include "canvasser,"
"peddler," "transient merchant" or any person who goes from door to
door as described herein for the purpose of soliciting in any form.
It shall be unlawful for any peddler, solicitor, distributor
or transient merchant to sell, offer for sale or distribute merchandise,
printed material or services within the Borough without first filing
an application for registration and obtaining a permit from the Borough.
Every applicant for a permit shall file with the Borough Secretary
a written application, which shall give the following information
and/or documents:
A.
The name and description of the applicant and/or organization.
B.
The permanent home address and full local address of the applicant
and/or organization.
C.
A statement of the nature of the activity and a description of all
materials or services to be offered.
D.
The names and addresses of all persons employed by or acting on behalf
of the applicant and/or organization who will be peddling, soliciting
or distributing within the Borough.
E.
The length of time for which the permit is desired.
F.
If a vehicle is to be used, a description of it and registration
information.
G.
A copy of photo ID for all persons peddling, soliciting and/or distributing
under the permit.
Upon obtaining a permit, a peddler, solicitor, distributor or
transient merchant may conduct his/her activities within the Borough
only so long as he/she adheres to the regulations as set forth herein
and carries the permit upon his/her person at all times during the
conduct of services. The permit shall identify the person and the
type of activity for which registered and shall be shown to any citizen
upon request. All permits shall expire upon the dates shown thereon.
The fee to be paid in conjunction with the issuance of a permit,
payable at the time of issuance of the permit, shall be set by resolution
of the Borough Council. Such fees as imposed shall be for the purpose
of defraying the costs of administering and enforcing the provisions
of this chapter.
Upon receipt of the completed application and payment of the
required fee, a permit may be issued by the Borough. The permit shall
give appropriate information to identify the applicant and the activity
of involvement.
The following restrictions shall apply. No person shall:
A.
Peddle, solicit or distribute merchandise except between the hours
of 9:00 a.m. and 5:00 p.m., Monday through Saturday, with the exception
of members or representatives of religious or political organizations
which are exempt by the First Amendment to the United States Constitution,
or unless specifically invited or have made an appointment.
B.
Peddle, solicit or distribute merchandise on federal holidays.
C.
Attempt to peddle, solicit or distribute merchandise or printed material
without first identifying oneself and displaying the permit.
D.
Have exclusive right to any location wherein the operation may impede
or inconvenience the public.
E.
Conduct oneself in such a manner as to become objectionable or to
annoy an occupant of any residence or refuse to leave any residence
immediately upon request of an occupant.
F.
Enter any residence of the Borough without an express invitation
from the occupant of the residence.
G.
Distribute any merchandise or printed material which advocates unlawful
conduct.
H.
Litter any public areas within the Borough with any merchandise or
printed materials.
I.
Violate any motor vehicle law of the Borough or the Commonwealth
of Pennsylvania.
The following persons or organizations are exempt from the payment
of fees upon compliance with all other provisions of this chapter
and submission of applicable information to support the claim of exemption:
A.
Any charitable or religious society that shall conduct solicitations
or sales of personal property when the proceeds thereof shall be applied
to charitable or religious object for which the society exists.
B.
Any person engaged in door-to-door canvassing, religious proselytizing,
anonymous political speech and the distribution of handbills of a
noncommercial nature deemed to be protected speech under the First
Amendment to the United States Constitution.
C.
Any person engaged in the delivery of goods or merchandise who has
been invited to deliver such goods or merchandise by a Borough resident
to a specific residence or address.
D.
Any school, political or civic organization, benevolent society,
service club or organization, not for profit.
E.
Persons conducting a bona fide auction sale pursuant to law or a
sale required by statute or by order of any court.
F.
Minors who are Borough residents and schoolchildren under 16 years
of age involved in the sale or solicitation of merchandise; provided,
however, that such persons are working as agents for a school organization,
service club or nonprofit charitable organization.
This chapter shall not be applied so as to place any undue burden
upon interstate commerce with respect to any business or activity
referred to herein. It is the intent of this chapter to protect the
health, safety and welfare of the inhabitants of the Borough and not
to unduly regulate or control the proper conduct of any business or
commercial property.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600 plus court costs and reasonable attorneys' fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter 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 chapter in equity in the Court of Common
Pleas of Chester County.
The provisions of this chapter are severable, and if any section,
clause, sentence or part or provision thereof shall be held illegal,
invalid or unconstitutional, the decision of the court shall not affect
or impair the remaining parts and provisions of this chapter.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective immediately upon enactment.
