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:
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.
A food establishment that is located upon a vehicle or which
is pulled by a vehicle, where food is cooked, prepared, and served
for individual portion service such as a mobile food kitchen.
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.
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.
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, but are required to abide by "No Canvassing" signs posted by residents in accordance with § 154-2D below.
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:
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.
Full identification, including proof thereof by vehicle operator's
license or some other accepted method of identification containing
the applicant's photograph and residence.
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 card 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.
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 federal criminal history record information
from the FBI. Any criminal record report provided by the applicant
shall not be more than one year old. 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.
Hours. All peddling and soliciting activities shall, in the case
of residential door-to-door or house-to-house calling, be prohibited
on New Year's Day, Martin Luther King Jr. Day, Easter, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve,
and Christmas Day. 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:
Borough residents may post or display any variation of a "No Soliciting/Solicitation/Solicitors/Peddlers/Peddling/Canvassers/Canvassing"
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 or solicitor to cause or attempt to cause residents
to open their doors if the owner or resident has posted a "No Soliciting/Solicitation/Solicitors/Peddlers/Peddling"
signs. It shall be a violation of this chapter for any canvasser to
cause or attempt to cause residents to open their doors if the owner
or resident has posted a "No Canvassers/Cavassing" sign.
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 "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.
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.
Violations of this section are subject to the penalties set forth in § 154-5, in addition to any other appropriate actions in law or equity, including prosecution for criminal trespass pursuant to the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 3503, as amended.
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. The sponsor or
operator of a farmers' market shall be required to secure a license
under this section, but the individual vendors at a farmers'
market shall be exempt from the license requirements in this section.
The sponsor or operator of a farmers' market shall only be required
to provide the Borough with the list of vendors, proof of Allegheny
County Health Department permits, and insurance information.
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.
Food trucks. The Borough staff shall establish a separate application
form for food trucks which shall allow for an annual license upon
the applicant providing proof of insurance and an Allegheny County
Health Department permit. The application form shall include a signed
statement that the licensee shall hold harmless the Borough, its officers
and employees and shall indemnify the Borough, its officers and employees
for any claims or damage to property or injury to persons which may
be occasioned by any activity carried on under the terms of the license.
The licensee shall furnish and maintain vehicle insurance and such
public liability, food products liability, and property damage insurance
as will protect the permittee and the Borough from all claims for
damage to property or bodily injury, including death, which may arise
from operations under the permit or in connection therewith. Such
insurance shall provide coverage for bodily injury for each person,
for each occurrence and for property damage per occurrence, as prescribed
by the Borough staff. Such insurance shall be without prejudice to
coverage otherwise existing therein and shall name as additional insured
the Borough, its officers and employees, and shall further provide
that the policy shall not terminate or be cancelled prior to the expiration
date of the permit without 30 days' written notice to the Borough
Manager.
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 federal criminal history record information
from the FBI. Any criminal record report provided by the applicant
shall not be more than one year old.
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.
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.
Be conducted on or within public property, public roads and
rights-of-way, sidewalks, private roads, access drives or driveways.
This prohibition shall not apply to food trucks.
Be conducted on or within setback areas, off-street parking areas and landscape/buffer areas established and required by Chapter 184 in the Code of the Borough of Franklin Park, Subdivision and Land Development, as amended, or Chapter 212 in the Code of the Borough of Franklin Park, Zoning, as amended, except that a farmers' market may occupy an off-street parking area.
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.
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.
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.
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.
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.
As required by Chapter 29 of the Borough Code, 8 Pa.C.S.A. §§ 2901 through 2906, as amended, no license or registration fees shall be charged under this chapter to:
The sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof to be applied to any charitable or philanthropic
purpose.
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.
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.
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.
In any case where a solicitor, peddler, or transient merchant is found to be soliciting, peddling, or conducting transient retail business without complying with this chapter, any police officer shall be empowered to issue a notice of violation to the individual in the form of a Borough ticket and order the individual to pay a fine of $25 payable to the Borough Treasurer within seven days. If the responsible party fails to pay the fine within seven days of issuance of the Borough ticket, the Borough may issue a citation to the responsible party as provided in Subsection B.
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 attorney 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.