[HISTORY: Adopted by the City Council of the City of Hazleton 11-16-1995 by Ord. No. 95-18 as Ch. 178 of the 1995 Code. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLING
The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which the persons selling or offering for sale carries with him in traveling or has in his possession or control, upon any of the streets or sidewalks or from house to house within the City of Hazleton, including the sale of flowers, provided that the word "peddling" shall not apply to the selling or offering for sale of bread or bakery products, meat and meat products, milk and milk products by any manufacturer or producer thereof; or to the selling or offering for sale of insurance by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania, and provided, further, that the word "peddling" shall not include "soliciting" as said word is defined in this chapter.
PEDDLER
Any person who shall engage in peddling, as hereinabove defined.
PERSON
Any natural person, association, partnership, firm or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, including soliciting orders or contracts for home and building repairs or improvements, or for subscriptions or contributions, upon any of the streets or sidewalks or from house to house within the City of Hazleton, provided that the word "soliciting" shall not apply to the seeking of or taking of orders by any manufacturer or producer for the sale of bread or bakery products, meat and meat products or milk and milk products, or to the seeking or taking of orders, by insurance agents or brokers licensed under the Insurance Laws of the Commonwealth of Pennsylvania.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove defined.
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the City of Hazleton without first registering with the Chief of Police of the City of Hazleton Police Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every person desiring to engage in soliciting or peddling in the City of Hazleton shall first register under oath with the Chief of Police of said City. Upon such application, such person shall give his name, address and previous criminal record, if any; the type or types or article, device, subscription, contribution, service or contract which he or she desires to sell or for which he or she wishes to solicit within the City; the length of time for which he or she wishes to be registered; and the type of vehicle used, if any, and its registration number, provided that where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual permit shall be required for each helper. No permit issued under this chapter shall be transferable from one person to another.
A. 
No permit shall be issued under this chapter until the appropriate fee has been paid to the, or any authorized member of, the Police Department. The fee shall be in the amount set forth in the fee schedule adopted by resolution of the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Where an application is made for an organization, the total fee shall be paid by each person constituting a part of such organization and engaged in such soliciting or peddling.
Upon registering with the City of the City of Hazleton Police Department, as aforesaid, each solicitor or peddler shall be issued a permit and may, unless he shall have been convicted of a crime involving moral turpitude, be permitted to solicit or peddle within the City for the licensed period beginning on the date such permit is issued and ending on the expiration date thereof. Such permit shall not be transferable.
Every solicitor or peddler shall, at all times, while engaged in soliciting or peddling in the City, carry evidence of such registration upon his person and shall exhibit such evidence, upon request, to all police officers, City officials and citizens. No solicitor or peddler shall engage in selling or offering for sale or in seeking or taking of orders or contracts for any goods, wares, merchandise, article, device, subscription, contribution, service or contract not mentioned upon such permit, nor shall any person use a vehicle for soliciting or peddling other than the vehicle registered on his permit.
No person shall engage in soliciting or peddling at any time on Sunday or upon any other day of the week before 9:00 a.m. or after 5:00 p.m. except upon invitation from or an appointment with the resident.
No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts or services upon any of the streets or sidewalks of the City, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which members of the public are annoyed.
No person engaged in soliciting or peddling shall:
A. 
Park any vehicle upon any of the streets or alleys of the City in order to sort, rearrange or clean any of his goods, wares or merchandise, or any samples, order books, contracts, circulars, literature or advertising matter pertaining thereto.
B. 
Place or deposit any refuse upon any such streets or alleys.
C. 
Maintain or keep a street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the City for longer than necessary in order to solicit from or peddle to persons residing in the immediate vicinity.
No person engaged in soliciting or peddling shall occupy any fixed location upon any of the streets or alleys or sidewalks of the City for the purpose of soliciting or peddling with or without any stand or counter.
The following activities by a solicitor or peddler are prohibited and are further declared to be a public nuisance:
A. 
Entering a private residence or place of business in the City of Hazleton under false pretenses for the purpose of selling or offering for sale or for soliciting orders for goods, wares, merchandise, contracts or personal services or remaining in a private residence, or the premises thereof, or any place of business, or on the premises thereof, after the owner or occupant thereof shall have requested any solicitor or peddler to leave.
B. 
Going in and upon the premises of a private residence or place of business for any such purposes when the owner or occupant thereof has displayed a "No Soliciting" sign on such premises.
Notwithstanding any of the provisions hereof or hereinbefore contained, any person, corporation, partnership or association and agents or employees who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1925, May 13, P.L. 644, as amended, governing solicitations for charitable, benevolent, patriotic or other purposes,[1] or who are soliciting for any civic, religious or charitable organization representative of any public school, student, church, fire company, veterans organization or similar institution shall be permitted, in lieu of the registration hereinbefore required, to register its solicitors and peddlers acting for and on behalf of such organization or association by the submission of the names and addresses of all persons acting for and on behalf of such organization, together with a certification by the person submitting such list that all of the persons whose names appear on such list are members of such organization and/or are acting on its behalf and are of good repute and without prior criminal record of a crime involving moral turpitude.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
Permits shall be issued in numerical order; provided, however, that separate records and a separate numerical order shall be retained and maintained of such permits as are issued without payment of a permit fee.
Permits issued pursuant to this chapter shall be revoked and terminated upon the solicitor or peddler being convicted of a crime involving moral turpitude or upon conviction before a Magisterial District Judge of a violation of this chapter. Thereafter, said person shall not solicit or peddle within the City of Hazleton until reapplication for permit is made to the Chief of Police of the City of Hazleton and his reapplication is approved by the Chief of Police or his entitlement thereto is adjudicated in his favor by a court of competent jurisdiction.
Any person who shall solicit or peddle without a permit or who shall solicit or peddle after his permit is revoked, terminated or expired or who shall otherwise violate any of the provisions of this chapter shall be subject to the penalties set forth in Chapter 1, Article II, Violations and Penalties, of this Code.