[HISTORY: Adopted by the Borough Council of the Borough of New Freedom 12-13-2021 by Ord. No. 2021-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 156, Peddling and Soliciting, adopted 2-10-1975 by Ord. No. 1975-2 (Ch. 13, Part 2, of the 1983 Code of Ordinances), as amended.
The following words and phrases, as used in this chapter, shall mean:
PEDDLER
Any person who shall engage in peddling as defined in the definition of "peddling."
PEDDLING
The selling or offering for sale of any goods, wares, services, or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling, or has in his possession or control, on any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or on private or public property or business establishments within the Borough.
PERSON
A natural person, association, partnership, firm, organization, or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, services, or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or on private or public property or business establishments, within the Borough. The seeking or taking of contracts or orders for home or other building repairs, improvements, and alterations, or for work on trees, landscaping, or fences, and orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for houses, or other building improvements or repairs, on or from the places stated within the Borough.
SOLICITOR
Any person who shall engage in soliciting as defined in the definition of "soliciting."
A. 
No person shall engage in soliciting or peddling in the Borough without first having registered as provided in this chapter, except as listed below.
B. 
Registration requirements shall not apply to:
(1) 
Farmers seeking or taking orders for the sale of their own products.
(2) 
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, or milk and milk products.
(3) 
The sale of single-serve treats on a seasonal basis, such as ice cream or shaved ice, on public or private property.
(4) 
The seeking or taking of orders by insurance or real estate agents or brokers licensed under the laws of the Commonwealth of Pennsylvania.
(5) 
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
(6) 
Public or charitable activities in which the Borough is a participant, the activities being conducted for the enjoyment and well-being of the community.
A. 
Every person desiring to engage in solicitation or peddling in the Borough shall register with the Secretary on a form provided by the Secretary. The registration shall contain only the following information verified by certification by the registrant, and separate forms shall be provided for profit or nonprofit (religious, public, or charitable) organizations:
(1) 
For profit-making registrants:
(a) 
Full name of applicant, local address, and telephone number.
(b) 
Permanent address and telephone number.
(c) 
Name, address, and telephone number of employer, or a statement that the applicant is self-employed.
(d) 
The nature of the goods, wares, services, or merchandise offered for sale.
(e) 
The type of vehicle to be used and the license plate number of each vehicle, if any.
(f) 
Identification (driver's license number or social security number).
(g) 
Signature of applicant.
(h) 
A registration card shall be issued which, in addition to other information, shall contain the following statement: "The issuance of this card does not endorse or sanction the activity of bearer."
(i) 
All applicable personal information specified above shall be given for every person registering. An individual registration card shall be required for each helper. No registration card under this chapter shall be transferable from one person to another.
(2) 
For charitable, religious, public organizations (nonprofit):
(a) 
Full name of organization, address, and telephone number.
(b) 
Name, address, telephone number and title of individual registering on behalf of above.
(c) 
Purpose of organization.
(d) 
Nature of solicitations being made or goods or services offered for sale.
(e) 
Give dates when activity will be performed.
(f) 
Has organization complied with provisions of the Act 202 of 1990, Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as amended, governing solicitations for charitable, benevolent, patriotic, or other purposes.
(g) 
The registrant shall supply a list of all solicitors and peddlers, providing name, address, and telephone number.
(h) 
A registration card shall not be issued or required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each applicant under this chapter shall pay a registration fee in an amount as set from time to time by resolution of the Borough Council for the primary application and an additional fee, in an amount as set from time to time by resolution of the Borough Council, at the time of registration for each person who shall actually conduct the soliciting or peddling. No fee shall be charged to an organization as described under § 156-3A(2) of this chapter.
The registration cards granted under this chapter shall be for a period not to exceed seven consecutive days. Unless granted a special exception by the Borough Council, only one registration will be accepted per calendar year.
The registration card, when issued, shall state the products to be sold, services to be rendered or subscriptions or contributions to be solicited by the registrant. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Borough, carry the registration card on his person and shall exhibit it on request to all police officers, Borough officials and citizens. No solicitor peddler shall engage in selling any product or service not mentioned on the registration card.
The Borough Manager/Administrator or Secretary shall keep a record of all registrations issued under this chapter and shall forward daily to the Chief of Police a list of registrations issued under this chapter. The Chief of Police shall supervise the activities of registrants. The Borough Manager/Administrator or Secretary shall furnish information to citizens as requested by them.
No person operating as a solicitor or peddler under this chapter shall engage in soliciting or peddling on Sundays or legal holidays or any other day of the week before 8:00 a.m. or after 9:00 p.m.
No person operating as a solicitor or peddler shall maintain or keep a secret or curb market by parking a vehicle on a street or alley for any longer than necessary to make his presence known to persons residing in the immediate vicinity. No such person shall place or deposit any refuse on a street, highway, or alley.
No person operating as a solicitor or peddler under this chapter shall occupy a fixed location on any of the sidewalks, streets, highways, or alleys of the Borough for the purpose of soliciting or peddling with or without a stand or counter.
It shall be unlawful for a person to engage in peddling or soliciting on any premises or residence if the premises or residence is posted against solicitation by a notice prominently displayed, upon which is printed in the legend: "No Solicitors." A residence shall be deemed to be posted against peddling or soliciting if there is exhibited, on or near the main entrance to the premises on or near the main door to any residence located on the premises, a sign at least three inches by four inches in size, which bears the legend above in letters at least 1/3 inch in height.
A. 
No person who engages in canvassing or soliciting shall use any plan, scheme or ruse or make a statement which indicates or implies that the purpose of the person's visit is other than to obtain orders for or to make sales of goods or services.
B. 
No person who engages in solicitation shall misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law, and he shall provide buyer with all information required by state and federal regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation who shall violate any provision of this chapter 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 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 York County.