[HISTORY: Adopted by the Borough Council of the Borough of
Franklin Park 1-21-2015 by Ord. No. 620-2014.[1] Amendments noted where applicable.]
A.
For the purposes of this chapter, the following terms shall have
the meanings set forth below, unless a different meaning clearly appears
from the context:
- BOROUGH
- The Borough of Franklin Park.
- BOROUGH STAFF
- Any Borough employee designated by the Borough Manager to administer this chapter.
- CANVASS
- The act of going upon property or approaching people to discuss or explain issues, which shall include religious proselytizing, exercising an individual's freedom of speech or campaigning for political votes, that does not include the request for contributions or donations or the sale of goods or products.
- CANVASSER
- A person who engages in canvassing.
- CANVASSING
- To canvass.
- PEDDLE
- The act of going upon property or approaching people to sell goods, services or products.
- PEDDLER
- A person who engages in peddling.
- PEDDLING
- To peddle.
- SOLICIT
- The act of going upon property or approaching people to ask for, request or seek monetary contributions, donations or support.
- SOLICITING
- To solicit.
- SOLICITOR
- A person who engages in soliciting.
- TRANSIENT RETAIL BUSINESS
- Shall include the following:
- (1) Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk and/or public ground within the Borough.
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough, on a temporary basis, including but not limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.
B.
The singular shall include the plural, and the masculine shall include
the feminine and neuter.
A.
Registration required.
(1)
It shall be unlawful for any person to go upon residential property
within the Borough, without being invited to do so by the owners or
occupants of the subject property, to peddle and/or solicit Borough
residents by knocking upon residential doors, or by ringing doorbells,
or otherwise so as to cause or attempt to cause residents to open
their doors, unless the person doing the peddling or soliciting activity
has first registered at the Borough Building and has received an identification
card from the Borough Staff. Canvassers are not required to register
at the Borough Building or receive an identification card from the
Borough Staff before canvassing.
(2)
The following individuals shall be exempt from the registration requirement set forth in § 154-2A(1) above and the identification card requirements in § 154-2B below:
(a)
Individuals 18 years of age and younger soliciting or peddling
on behalf of a nonprofit, school or governmental organization.
(b)
Persons soliciting on behalf of a nonprofit or neighborhood
organization for either donations to, or membership in, such organization.
(c)
Persons peddling donated merchandise on behalf of a nonprofit
organization, where the proceeds of the sale are used for a charitable
purpose.
(d)
Persons peddling on behalf of a religious organization, where
the proceeds of the sale are used to support such organization or
for a charitable purpose.
(3)
No identification card shall be issued to a peddler or solicitor
unless the following information is given by the applicant:
(a)
Full identification, including proof thereof by vehicle operator's
license or some other accepted method of identification containing
applicant's photograph and residence.
(b)
The name of the organization for which the applicant is peddling
and/or soliciting, together with the address of that organization.
(c)
The length of time the peddling and/or soliciting is to be carried
on.
(d)
Any criminal record which the applicant may have.
(4)
Fees for registration under this section hereof shall be established
from time to time by resolution of the Borough Council.
B.
Identification card.
(1)
Issuance. Peddlers and solicitors regulated by this chapter shall
carry their identification card, which shall be issued by the Borough
Staff without charge, at all times while peddling and/or soliciting
within the Borough and shall show their identification cards to residents
in order to identify themselves prior to any actual peddling or soliciting
activities. All identification cards shall expire on December 31 of
the year of issuance.
(2)
Denial and revocation. Borough Staff shall develop the application
form and is authorized to conduct any necessary background investigation
to confirm the information given by the applicant and may require
the applicant to submit additional information, including but not
limited to the results of a Pennsylvania State Police request for
criminal records check or a federal criminal history report. In the
event that any peddler or solicitor is found to have been convicted
of any felony or misdemeanor involving moral turpitude, he or she
may be denied an identification card or the identification card may
be revoked or canceled by the Borough Staff. In the event that any
peddler or solicitor provides any false or misleading information
concerning his or her identification or the identity of the organization
for which the peddling or soliciting is being done, the identification
card issued to that peddler or solicitor may be revoked by the Borough
Staff. A peddler or solicitor may appeal the denial or revocation
of an identification card by the Borough Staff under this subsection
to the Borough Council, which shall hold a public hearing thereon
and render a decision under the Local Agency Law.[1] No portion of a registration fee shall be refunded to
any person whose license has been denied, suspended or revoked.
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq.
C.
Hours. All peddling, soliciting or canvassing activities shall, in
the case of residential door-to-door or house-to-house calling, be
restricted to the following hours:
D.
No-soliciting/peddling/canvassing signs and list.
(1)
Borough residents may post or display "No Soliciting/Peddling/Canvassing"
or similar signs, not to exceed 80 square inches in size, on the front
door of their dwelling or residence. It shall be a violation of this
chapter for any peddler, solicitor or canvasser to go upon any property
on which the owner or resident has posted a "No Soliciting/Peddling/Canvassing"
or similar sign.
(2)
Unless otherwise permitted by law, no person shall fasten or deposit
in any manner any notice, poster or other advertising or promotional
material upon any private property, including personal property, without
having permission to do so from the owners or occupants of such property.
Permission to so fasten or deposit such materials shall be implied
from the presence of an improved walkway, including a driveway, connecting
such property directly to a public right-of-way unless:
(a)
Access to such walkway is physically restricted by a fence,
gate or other permanent structure; or
(b)
A "No Trespassing" or "No Soliciting/Peddling/Canvassing" sign
or a sign prohibiting posting is posted at or near the entrance(s)
to such property in such a manner that said sign is clearly visible
to a reasonable person.
(3)
The Borough Staff shall maintain a list of the addresses of Borough residents who have notified the Borough in writing that they do not wish peddlers or solicitors to enter upon their property. A copy of this No Soliciting/Peddling List shall be provided along with and as part of any identification card issued under § 154-2B. It shall be a violation of this chapter for a peddler or solicitor to go upon any property listed on the No Soliciting/Peddling List.
A.
License required. No person shall engage in any transient retail
business within the Borough without first obtaining a license from
the Borough Staff and paying the applicable license fees established
from time to time by resolution of the Borough Council. All licenses
shall expire on December 31 of the year of issuance.
B.
Application for license.
(1)
Every person desiring a license under this section shall first make
application to the Borough Staff on a form established from time to
time by the Borough Staff.
(2)
The completed application for a license shall, at a minimum, contain
the following information and/or documentation:
(a)
Name and address of applicant, including the present and permanent
addresses.
(b)
Name and address of applicant's employer.
(c)
Recent photograph of the applicant.
(d)
Type of goods, wares and/or merchandise the applicant wishes
to deal with in such business.
(e)
The applicant's prior criminal record.
(f)
The type and license of every vehicle to be used, if any.
(g)
A valid copy of any required state or county license.
(h)
Any other information deemed necessary by the Borough.
C.
Issuance of license; custody, display or exhibit.
(1)
Upon receipt of such application and the prescribed fee, the Borough
Staff, if he or she shall find such application to be complete, shall
issue the license required under this chapter. Such license shall
contain the information required to be given on the application. Borough
Staff is authorized to conduct any necessary background investigation
to confirm the information given by the applicant and may require
the applicant to submit additional information, including, but not
limited to, the results of a Pennsylvania State Police request for
criminal records check or a federal criminal history report.
(2)
The issuance of a license by the Borough under this section shall
in no way be considered the Borough's authorization, approval
or acquiescence for the sale of goods and products subject to copyright
or trademark protections. The applicant and license holder shall be
responsible for obtaining all necessary certificates, permissions
and approvals for the sale of goods and products subject to copyright
or trademark protections.
(3)
Every transient merchant shall carry such license upon his person
while engaged in transient retail business in the Borough, with an
additional copy of the license displayed at the fixed location where
the transient business is occurring. The license holder shall exhibit
such license, upon request, to all police officers, Borough officials
and employees, and citizens or residents of the Borough.
D.
Prohibited acts.
(1)
No transient retail business shall:
(a)
Be conducted on or within public property, public roads and
rights-of-way, sidewalks, private roads, access drives or driveways.
(b)
Be conducted on or within setback areas, off-street parking areas and landscape/buffer areas established and required by Chapter 184, Subdivision and Land Development, of the Code of the Borough of Franklin Park, as amended, or Chapter 212, Zoning, of the Code of the Borough of Franklin Park, as amended.
(c)
Involve loud noises or sound devices so as to be heard beyond
the premises where the transient retail business is occurring or to
cause a public nuisance.
(d)
Impede vehicular traffic on public or private streets.
(2)
No person in any transient retail business shall:
(a)
Sell any product or type of product not mentioned in his/her
license.
(b)
Hawk or cry his/her wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough.
(c)
Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging or cleaning any of his/her
goods, wares or merchandise or of disposing of any carton, wrapping,
material or of any stock or wares or foodstuffs which have become
unsalable through handling, age or otherwise.
E.
Hours. All licensed transient retail business activities shall be
restricted to the following hours:
F.
Supervision; records and reports. The Borough Staff and Borough Police
Department shall supervise the activities of all persons holding licenses
under this section and shall keep a record of all licenses hereunder.
G.
Denial, suspension and revocation of license; appeal. The Borough
Staff is hereby authorized to suspend or revoke any license issued
under this section when he/she deems such suspension or revocation
to be beneficial to the public health, safety or morals for violation
of any provision of this chapter or for giving false information upon
any application for license hereunder or to any Borough official related
thereto. Appeals from any license denial, suspension and/or revocation
may be made to the Borough Council within 10 days after such license
denial, suspension and/or revocation. No portion of a license fee
shall be refunded to any person whose license has been denied, suspended
or revoked.
A.
Fees established. All license, registration and other fees related
to this chapter shall be established from time to time by resolution
of the Borough Council.
B.
Exceptions.
(1)
No license or registration fees shall be charged under this chapter
to:
(a)
Farmers selling their own produce.
(b)
The sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
(c)
Any manufacturer or producer in the sale of bread and bakery
products, meat and meat products, or milk or milk products, provided
that "milk and milk products" shall not include or apply to ice cream
or other frozen desserts.
(d)
Any person taking orders for merchandise by sample, from dealers
or merchants, for individuals or companies who pay a license or mercantile
tax at their chief places of business.
(e)
Any insurance company or its agents, or insurance broker, authorized
to transact business under the laws of the Commonwealth of Pennsylvania.
(2)
Any solicitor, peddler or transient merchant dealing in one or more
of the excepted categories and selling other goods, wares and merchandise
not excepted shall be subject to the relevant registration or license
fees referenced in this chapter for its activities in connection with
the sale of goods, wares and merchandise not in any of the excepted
categories. Any solicitor, peddler or transient merchant excepted
from payment of a license or registration fee must nevertheless register
with the Borough and is otherwise subject to all other provisions
of this chapter.
Any person, firm or corporation who shall violate any provision
of this chapter or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorneys' fees incurred by the Borough,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this chapter is found to exist or for each section
of this chapter found to have been violated. The Borough may also
commence appropriate actions in equity or other to prevent, restrain,
correct, enjoin or abate violations of this chapter. All fines and
penalties collected for violation of this chapter shall be paid to
the Borough Treasurer. The initial determination of ordinance violation
is hereby delegated to the Borough Manager, the Police Department,
the Borough Staff, the Borough Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer, the authorized designee
of the Borough Manager and to any other officer or agent that the
Borough Manager or the Borough Council shall deem appropriate.
