When used in this chapter, the following terms shall have the
following meanings:
COMMERCIAL SOLICITATION
The practice of going in and upon private residences in the
Borough of Churchill soliciting or attempting to take orders from
individuals for the sale of goods, wares or merchandise, including
magazines, books, periodicals or personal property of any nature whatsoever,
for future delivery or for service to be performed at that time or
in the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such order or whether or not he
or she is collecting advance payment on such orders; attempting to
gather data, conduct surveys or take polls on behalf of a for-profit
or commercial entity or for the purpose of generating a profit; or
distributing handbills, flyers, pamphlets or information advertising
a commercial event or service.
NONCOMMERCIAL SOLICITATION
The practice of going in and upon private residences in the
Borough of Churchill soliciting funds or contributions for a political,
religious, civic or charitable purpose; distributing handbills, flyers,
pamphlets or information of a political, religious, civic or charitable
nature; or conducting or attempting to gather data, conduct surveys
or take polls for research purposes on behalf of an agency of the
state or federal government, or for a political, religious, civic
or charitable purpose.
Any individual engaged in either commercial solicitation or
noncommercial solicitation within the Borough of Churchill shall be
subject to the following terms and conditions, of which any failure
to comply shall be a violation of this chapter:
A. No commercial solicitation or noncommercial solicitation shall be
conducted in the Borough of Churchill except during the hours of 8:00
a.m. to 8:00 p.m., prevailing time.
B. The Borough Police Department shall be responsible for compiling
and maintaining a list of property owners and residents who notify
the Police Department that they do not wish to be solicited. This
no-soliciting list shall also be posted on the Borough website. No
commercial or noncommercial solicitor may go in or upon any address
listed on the no-soliciting list. At the time of registration with
the Borough of Churchill Police Department, commercial solicitors
shall be given a copy of the no-soliciting list.
No person shall be permitted to solicit upon property posted
with a plainly visible and legible sign stating "No Solicitors," "No
Peddlers," "No Canvassers," or "No Soliciting, Peddling or Canvassing,"
or any equivalent language which would inform a solicitor, canvasser
or transient merchant that solicitation is not desired. This section
shall apply to all persons, including but not limited to commercial
solicitors and noncommercial solicitors.
The provisions of this chapter shall not be applicable to children
under 18 years of age who solicit donations or who sell, take orders
for or deliver coupons, periodicals, greeting cards, candy, bakery
products or similar items on behalf of youth groups or organizations
benefitting youth. Such organizations shall include, but are not limited
to, scout groups, sports teams, extracurricular activities, extracurricular
clubs, and booster clubs.
Any person violating the provisions of this chapter shall be
fined not more than $600 for each offense (each call at a separate
residence being interpreted as an offense), plus costs and attorneys'
fees, the same to be collected as other fines are collected by law.
Any person aggrieved by the denial or revocation of a registration
provided hereunder shall have the right to appeal to Borough Council
by filing a Notice of Appeal within 14 days of the action complained
of. Borough Council shall set a time for such hearing and shall provide
written notice to the appellant at least seven days prior to the hearing.