[HISTORY: Adopted by the Borough Council of the Borough of
Sinking Spring 4-20-1978 by Ord.
No. 405. Amendments noted where applicable.]
This chapter is adopted to regulate the distribution of certain
materials, peddling, soliciting and related activities within the
Borough of Sinking Spring. 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 dishonest solicitation of funds in the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Borough any handbill, advertisement,
circular, card, pamphlet or printed material of any kind other than
a regularly delivered newspaper, magazine or periodical.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, 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, automobile, vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker," "huckster" and "transient merchant."
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, automobile, vehicle or any other type 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 such individual has, carries or exposes for sale a sample of
the merchandise or services, and whether or not he is collecting advance
payments on such sales or orders; or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door-to-door, as described above, for
the purpose of soliciting contributions and/or who collects funds
from a stationary location on any street or other public place.
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 registration certificate
from the Borough of Sinking Spring.
Upon obtaining a registration certificate as hereinafter provided,
a peddler, solicitor, distributor or transient merchant may conduct
his activities within the Borough only as long as he adheres to the
regulations set forth herein and carries the registration certificate
upon his person at all times during the conduct of his activities.
The registration certificate shall identify the person and the type
of activity for which he has registered and shall be shown to any
police officer or citizen upon request. All certificates shall expire
on the date shown thereon.
[Amended 8-27-2014 by Ord. No. 610; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
Fees for registration certificates (per month or per year),
payable upon application to the Borough Secretary of the Borough of
Sinking Spring, shall be as established in a fee schedule to be duly
adopted as a resolution of Council, which fee schedule may be revised
from time to time as determined by Council.
A.
Every applicant for a certificate under this chapter, other than
for the solicitation of contributions, shall file with the Police
Department of the Borough a sworn written application on a form to
be furnished by the Borough, which application shall give or be accompanied
by the following information or documents:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address of the applicant.
(3)
A brief statement of the nature of the activity and a description
of the merchandise or service to be sold or performed.
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(5)
The length of time for which the certificate is desired.
(6)
If a vehicle is to be used, a description of such vehicle and its
license number.
(7)
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
B.
In the case of solicitation of contributions, one person shall make
application for the organization, at least 30 days prior to the proposed
date the solicitation will begin, which application shall give or
be accompanied by the following:
(1)
The name and local residence of the applicant.
(2)
The name and official address of the organization represented and
the names and addresses of the organization's local officers and managers.
(3)
The purpose of the solicitation.
(4)
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
(5)
A list of the names and addresses of all sponsors, promoters and
solicitors connected with the solicitation.
(6)
An outline of the methods to be used in conducting the solicitation.
(7)
The dates when the solicitation is to be made, giving the commencement
and termination date.
(8)
A statement as to whether or not any commission, fee, wage or other
compensation is to be paid in connection with such solicitation and,
if so, details as to the amount to be expended from the funds collected.
A.
Upon receipt of the completed application form and payment of the
fee herein required, a registration certificate shall be issued by
the Police Department. The certificate shall give such information
as shall be deemed necessary to adequately identify the registrant
and the activity in which he is involved. The expiration date of the
registration certificate shall in all cases be indicated.
B.
In the case of solicitation of contributions, the certificate shall
be issued to the organization, which shall supply each of its agents
or solicitors with credentials, in a form approved by the Police Department,
giving the name of the solicitor, the name of the sponsoring organization,
the purpose for which the solicitation is being made, the signature
of the managing officer of the organization, the dates during which
the solicitation is authorized to be made and the number of the registration
certificate issued to the organization by the Borough.
C.
Except as provided in Subsection B above, where an organization has several agents peddling, soliciting or distributing merchandise or printed materials, each agent shall be registered separately. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this chapter.
No person shall:
A.
Peddle, solicit or distribute merchandise except between the hours
of 9:00 a.m. and 6:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a
person previously.
B.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor registered with the Borough and having displayed his certificate
or credentials, in the case of the solicitation of funds.
C.
Having exclusive right to any location in the public streets or operate
in any congested area where his operations might impede or inconvenience
the public.
D.
Enter or attempt to enter the residence of any person in the Borough
without an express invitation from the occupant of such residence.
E.
Conduct himself in such a manner as to become objectionable to or
annoy an occupant of any residence.
F.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or -amplifying device upon any of the streets, parks or public places
of the Borough or upon private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, parks or other public places of the
Borough or upon private premises for the purpose of attracting attention
to any merchandise or services, unless specifically permitted under
the permit.
G.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
H.
Litter the streets, public places or properties within the Borough
with any merchandise or printed material.
The following persons or organizations are exempt from the registration
procedure, upon compliance with all other provisions of this chapter
and submission of applicable identification and documents to support
the claim to exemption:
A.
Any charitable or religious society that shall conduct sales of personal
property when the proceeds thereof shall be applied to the payment
of the expenses thereof and to the charitable or religious object
for which the society exists.
B.
Any person selling fruits and farm products grown by himself, with
or without the help of others, or any person delivering bread and
bakery products, meat and meat products, seafood, seafood products
or milk and milk products.
C.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things in the regular course of business to the
premises of persons who had previously ordered the same or were entitled
to receive the same by reason of a prior agreement.
D.
Any school, political or civic organization, benevolent society,
service club or organization not for profit whose principal office
is located in the Borough.
E.
Newsboys.
F.
Persons selling personal property at wholesale to dealers in such
articles.
G.
Persons conducting a bona fide auction sale pursuant to law or a
sale required by statute or by order of any court of a duration not
to exceed two consecutive days.
H.
Minors involved in sales or solicitation; provided, however, that
if such minors are working as agents for an organization, the organization
must register as provided herein.
This chapter shall not be applied so as to occasion any undue
burden upon interstate commerce with respect to any business or activity
referred to herein. It is the intent of the Borough Council that this
chapter be interpreted so as to achieve the primary purpose of protecting
the health, safety and welfare of the inhabitants of the Borough and
not as to unduly regulate or control the proper conduct of any business
or commercial activity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violation of this chapter shall result in the immediate termination
of the registration certificate issued pursuant to this chapter. Any
person, firm, partnership, or corporation 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 Berks County.
