As used in this Part the following words have
the meaning indicated:
CANVASSER
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of:
1.
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
2.
Distributing a handbill or flyer advertising a noncommercial
event or service.
HAWKER or PEDDLER
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of attempting to sell a
good or service. A "hawker" or "peddler" does not include a person
who distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a "solicitor"
SOLICITOR
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of:
1.
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, even if incidental to
such purpose there is the sale of some good or service; or
2.
Distributing a handbill or flyer advertising a commercial event
or service.
No person shall act as a hawker, peddler or
as a solicitor within the Borough without first registering with the
Borough Secretary in accordance with this Part. A canvasser is not
required to register but any canvasser may do so for the purpose of
reassuring Borough residents of the canvasser's good faith.
This Part does not set fees for registration.
Fees for registration shall be the amount(s) adopted and revised from
time to time by Borough Council in its annual fee resolution under
the section of the annual fee resolution captioned: "Vending, Solicitation
and Peddling License" or "Vending, Solicitation and Peddling Registration."
The term "license" whenever used in the annual fee resolution shall
be considered for the purpose of this Part to be synonymous with and
to have the same meaning as "registration." Where a canvasser voluntarily
elects to register but is not required by this Part to do so, there
is no filing fee for the registration.
Any person or organization required to register
under this Part shall provide the following information:
1. The name, physical
description and photograph of each person required to register. In
lieu of this information, a driver's license, state identification
card, passport, or other government-issued identification card (issued
by a government within the United States) containing this information
may be provided and a photocopy taken.
2. The permanent
and (if any) local address of the organization or business to be represented
by a hawker, peddler, solicitor or canvasser.
3. The permanent
and (if any) local address of each person acting as a hawker, peddler,
solicitor or canvasser.
4. A brief description
of the proposed activity related to this registration. (Copies of
literature to be distributed may be substituted for this description
at the option of the applicant.)
5. The motor vehicle
make, model, year, color, vehicle identification number and state
license plate number of any vehicle which will be used by each person.
6. The total number
of days, weeks or months the hawking, peddling, soliciting or canvassing
activities will be engaged in and the actual or anticipated dates
on which said activities will be engaged in.
7. If registering
as a hawker or peddler:
A. The name and
permanent address of the business offering the event, activity, good
or service (i.e., the peddler's principal).
B. A copy of the
principal's sales tax license as issued by the commonwealth, if applicable.
8. The web address
for this organization, person, or group (or other address) where residents
having subsequent questions can go for more information.
The Borough Secretary shall maintain a list
of persons within the Borough who restrict visits to their residential
property (including their leasehold, in the case of a tenant) by hawkers,
peddlers, solicitors, and canvassers. A copy of the no-visit list
shall be provided by the Borough Secretary to each hawker, peddler,
solicitor, or canvasser upon request. It shall be the responsibility
of all hawkers, peddlers, solicitors and canvassers to insure that
they have obtained or been provided with a copy of the most current
no-visit list and to ensure their compliance therewith.
In addition to the other regulations contained
herein, a solicitor or canvasser leaving handbills or commercial flyers
about the community shall observe the following regulations:
1. No handbill or
flyer shall be left at or attached to any sign, utility pole, or other
structure within the public right-of-way.
2. No handbill or
flyer shall be left at or attached to any privately owned property
in a manner that causes damage to such privately owned property.
3. No handbill or
flyer shall be left at, or attached to any property:
A. Listed
on the Borough no-visit list; or
B. Having
a "no solicitor" sign of the type described herein.
4. Any person observed
distributing handbills or flyers shall be required to identify himself/herself
to the police. This is for the purpose of knowing the likely identity
of the perpetrator if the Borough receives a complaint of damage caused
to private property during the distribution of handbills or flyers.
This Part shall not apply to a federal, state
or local government employee or a public utility employee in the performance
of his/her duty for his/her employer.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation
of this Part 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 Part
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 Part in equity in the Court of Common Pleas of Allegheny County.