It is the purpose of this Part 3 to regulate Persons who Solicit in the Municipality, whether on behalf of a charitable organization, a commercial enterprise, or otherwise.
It shall be unlawful for any Person to Solicit in the Municipality without first obtaining a permit therefore as provided in this Part 3 (“Municipal Permit”).
When used in this Part 3, the following terms shall have the following meanings:
The Solicitation of Funds for Charitable Purposes Act enacted
by the Commonwealth of Pennsylvania, 10 P.S. '162.1 et seq., as such
act may be amended from time to time.
Has the meaning set forth in the Charitable Solicitation
Act.
Any individual, organization, corporation, association, partnership,
trust, foundation or other entity, however styled, including but not
limited to charitable organizations, business organizations, Commercial
Coventurers, Professional Fundraising Counsel, Professional Solicitors,
and volunteer fundraisers and solicitors.
Has the meaning set forth in the Charitable Solicitation
Act.
Has the meaning set forth in the Charitable Solicitation
Act.
To go from door to door in the Municipality (i) soliciting
contributions or pledges for contributions, or (ii) selling or attempting
to sell subscriptions, products or services, or taking orders or attempting
to take orders for subscriptions, products or services from or to
an occupant of a residence.
Acts of individual Solicitors on behalf of a particular Person.
A Person who Solicits.
The Person on whose behalf Solicitors are acting.
A permit issued by the Bureau of Charitable Organizations
of the Department of State, pursuant to the terms of the Charitable
Solicitation Act.
Applicants for a Municipal Permit must file with the Police
Department of the Municipality, a sworn application in writing on
a form to be furnished by the Municipality, which shall give the following
information.
304.1.
The name of the Soliciting Organization,
and any other name or names under which Solicitors acting on behalf
of the Soliciting Organization will Solicit.
304.2.
The principal address and telephone number of the Soliciting
Organization and the addresses and telephone numbers of any offices
of the Soliciting Organization in the Commonwealth of Pennsylvania.
304.3.
The names and addresses of the officers, directors, trustees,
and principal salaried executive officers of the Soliciting Organization.
304.4.
The names and addresses of any Professional Solicitors, Professional
Fundraising Counsel and Commercial Coventurers who have agreed to
act on behalf of the Soliciting Organization.
304.5.
The names and addresses of each individual who will be Soliciting
in the Municipality on behalf of the Soliciting Organization.
304.6.
The purpose of the Solicitation in the Municipality.
304.7.
The period and times during which the Solicitation is to be
conducted.
304.8.
In the case of goods or subscriptions to be offered for sale,
a brief description of the nature of the business of the Soliciting
Organization, and the goods or subscriptions to be offered for sale.
304.9.
The application for a Municipal Permit shall be accompanied
by the original of the Soliciting Organization’s State Permit
as well as the State Permit of any Commercial Coventurer, Professional
Fundraising Counsel or Professional Solicitor acting on behalf of
the Soliciting Organization, or a sworn, written statement of the
applicant indicating that such applicant is (i) exempt from the registration
requirements of the Charitable Solicitation Act, or (ii) not subject
to the Charitable Solicitation Act.
305.1.
Upon receipt of a duly completed application, the fee prescribed in §8-306, the original of the Soliciting Organization’s current and valid State Permit (if applicable), and the current and valid State Permit of any Commercial Coventurer, Professional Fundraising Counsel or Professional Solicitor acting on behalf of the Soliciting Organization, the Chief of Police shall issue Municipal Permits to each of the Soliciting Organization, any Commercial Coventurers, Professional Fundraising Counsel, Professional Solicitors, and each individual Person Soliciting on behalf of the Soliciting Organization, whether as an employee or independent contractor of the Soliciting Organization, Commercial Coventurer, Professional Fundraising Counsel or Professional Solicitor, or as a volunteer. Each Municipal Permit issued to an individual shall contain the name and address of such individual, along with the name and address of the Soliciting Organization.
The application for a Municipal Permit shall be kept on file
by the police and shall be available for public inspection. The Municipal
Permits issued pursuant to this §305.1 shall be valid until December
31 of the year when issued.
305.2.
The Chief of Police may deny the application for a Municipal Permit if the application is incomplete, is not accompanied by all required State Permits, is not accompanied by a fee, or if the Soliciting Organization, Commercial Coventurers, Professional Fundraiser or Professional Solicitor has been convicted of or has plead guilty or nolo contendere to (i) violating the provisions of this Part 3 within a period of one year prior to the date of the application, or (ii) any burglary, violent crime, or any felony or misdemeanor involving fraud or misrepresentation. In addition, a Municipal Permit may be denied to any individual listed on the application who has been convicted of or has plead guilty or nolo contendere to, (i) violating the provisions of this Part 3 within a period of one year prior to the date of the application, or (ii) any burglary, violent crime, or any felony or misdemeanor involving fraud or misrepresentation.
305.3.
An application for a Municipal Permit shall be approved or rejected
within a period of five days from the date it is submitted. If an
application for a Municipal Permit is rejected, the Chief of Police
shall set forth the reasons therefore in writing.
305.4.
The police clerk shall keep a permanent record of all Municipal
Permits issued and all Municipal Permit applications rejected, and
shall issue a monthly report thereon to the Commission.
The fee for each Municipal Permit shall be $50 which will reimburse
the Municipality for its costs in conducting a criminal records check
on the Person seeking the Municipal Permit, and for the costs of preparing
the Municipal Permit provided, however, that the fee shall be waived
for Persons conducting Solicitation only one time within any calendar
year.
In the course of a Solicitation each Solicitor shall comply
with the following:
307.1.
No Solicitor shall Solicit without
a current, valid Municipal permit, and if required to register under
the Charitable Solicitation Act, without a current, valid State Permit.
307.2.
No Solicitor shall Solicit at any residence which has a “No
Solicitation” sign posted on the residence. No Solicitor shall
Solicit before 9:00 a.m. or after 5:00 p.m. at any residence which
has a “No Evening Solicitation” sign posted on the residence.
307.3.
The Solicitor shall:
307.3.1.
If requested by a resident of the Municipality, provide to the resident,
the name and address or telephone number of a representative of the
Soliciting Organization to whom inquiries can be addressed; and
307.3.2.
Provide to each resident a full and fair description of the purpose
for which the Solicitation is being made; and
307.3.3.
In the case of a charitable organization only, provide if requested
by a resident of the Municipality, the source from which a financial
statement may be obtained.
307.4.
The Solicitor shall comply with all applicable laws, statutes,
regulations, rules or ordinances of the United States of America,
the Commonwealth of Pennsylvania, and the Municipality.
307.5.
No Solicitor shall make any untrue statement or misrepresentation
in the course of Soliciting, or omit to state any material fact necessary
to prevent any statement made from being misleading. No Solicitor
shall utilize any unfair or deceptive acts or practices in the course
of Soliciting. In determining whether or not a practice is unfair
or deceptive under this §307.5, definitions, standards or interpretations
relating thereto under the Pennsylvania Unfair Trade Practices and
Consumer Protection Law, as amended from time to time, shall apply.
307.6.
If no signs pursuant to §307.2 are posted at a residence,
no Solicitor shall Solicit before 9:00 a.m. or after 9:00 p.m.
307.7.
Every person Soliciting in the Municipality shall have his or
her Municipal Permit in such Person’s possession at all times
in the course of Soliciting. Any Solicitor requested to so do by a
resident or the police, shall display to such resident or the police
his or her Municipal Permit containing such Person’s name and
address, and a copy of such Person’s driver’s license
containing a picture of such Person.
No Municipal Permit shall be used at any time by any Person
other than the Person to whom it is issued.
The Chief of Police shall report to the Manager of the Municipality all convictions for violations of this Part 3, and the police clerk shall maintain a record for each Municipal Permit issued and record the reports of violation therein.
Any Person who violates any provision of this Part 3 shall, upon conviction thereof, be subject to a fine not to exceed $300. Each day that a violation occurs or is committed shall constitute a separate offense. Violations may also result in the revocation of the violator’s Municipal Permit, as specified in §8-311.
311.1.
Municipal Permits may be revoked
by any Magistrate having jurisdiction with respect to Soliciting in
the Municipality, after notice and hearing, for any of the following
causes:
311.1.1.
Fraud, misrepresentation, or false statement contained in, or material
fact omitted from, the application for a Municipal Permit or State
Permit;
311.1.2.
Fraud, misrepresentation, false statement or material omission made
in the course of Soliciting;
311.1.3.
Failure to observe a “No Solicitation” or “No Evening
Solicitation” sign posted by a resident;
311.1.4.
Soliciting in the Municipality without a current and valid State
Permit;
311.1.6.
Conviction, whether before issuance of the Municipal Permit or during
the term of the Municipal Permit, of any burglary, violent crime or
any felony or misdemeanor involving fraud or misrepresentation;
311.2.
Notice of the hearing for revocation of a Municipal Permit shall
be given in writing, setting forth specifically the grounds of complaint
and the time and place of hearing. Such notice shall be transmitted
by certified mail, postage prepaid, to the permittee at his last known
address at least seven days prior to the date set for hearing.
Any Person aggrieved by the action of the Chief of Police or the police clerk in the denial of a Municipal Permit as provided in §8-305 of this Part 3, shall have the right of appeal to the Commission of the Municipality. Such appeal shall be taken by filing with the Commission, within 14 days' after notice of the denial has been mailed to such Person’s last known address, a written statement setting forth fully the grounds for the appeal. The Commission shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in §8-311 of this Part 3 for notice of hearing on revocation.
All permits issued under the provisions of this Part 3 shall expire on December 31 in the year when issued.
A property owner or his authorized agent may post a sign on his residence reading “No Solicitation” or “No Evening Solicitation.” Such signs shall be displayed as close as possible to the front door of the residence. For purposes of this §8-315, “No Evening Solicitation” shall mean no Solicitation before 9:00 a.m. or after 5:00 p.m.
