[HISTORY: Adopted by the Borough Council
of the Borough of Oakmont 2-9-1981 by Ord. No. O4-81. Amendments noted where
applicable.]
[Amended 12-17-2018 by Ord. No. O47-2018]
It is the purpose of this chapter to regulate commercial peddlers,
solicitors, transient merchants and itinerant vendors who, without
local retail or wholesale outlets, come into the municipality to sell
or attempt to sell, to take orders or attempt to take orders or to
solicit subscriptions or attempt to solicit subscriptions, such regulation
in the interest and for the protection of residents of the Borough,
and further requiring permit fees to offset the cost of regulation
and administration of this chapter.
[Amended 12-17-2018 by Ord. No. O47-2018]
It shall be unlawful for any person to engage in the business of peddler, solicitor, transient merchant or itinerant vendor, as defined in § 144-3 of this chapter, within the Borough without first obtaining a permit therefor as provided in this chapter. A canvasser shall be exempt from the permitting requirements of this chapter.
When used in this chapter, the following terms
shall have the following meanings:
Any person, whether a resident of the Borough or not, traveling
from private residence to residence for noncommercial purposes, without
invitation from the owner or occupant, to solicit donations, advocate
for causes, convey a message or otherwise express his or her views.
Examples of canvassers include representatives of nonprofit organizations,
political campaigns, and religious groups.
[Amended 12-17-2018 by Ord. No. O47-2018]
See "transient merchant."
Any person, whether a resident of the Borough or not, traveling
by foot, wagon, automotive vehicle or any other type of conveyance
from place to place, from house to house or from street to street,
carrying, conveying or transporting goods, wares, merchandise, fish,
vegetables or fruits, offering and exposing the same for sale or making
sales and delivering articles to purchasers or who, without traveling
from place to place, shall sell or offer the same for sale from a
wagon, automotive vehicle, railroad car or other vehicle or conveyance,
and further provided that one who solicits orders and as a separate
transaction makes deliveries to purchasers as a part of a scheme or
design to evade the provisions of this chapter shall be deemed a peddler
subject to the provisions of this chapter. The word "peddler" shall
include "hawker" and "huckster."
Any person, whether a resident of the Borough or not, traveling
from private residence to residence for commercial purposes, without
invitation from the owner or occupant for commercial purposes including
any person who, without necessarily having the intention of making
a direct sale, distributes literature, pamphlets, handbills, samples
and the like for the purpose of advertising.
[Amended 12-17-2018 by Ord. No. O47-2018]
Any person, whether as owner, agent, consignee or employee,
whether a resident of the Borough or not, who engages in a temporary
business of selling and delivering goods, wares and merchandise within
said Borough and who, in furtherance of such purpose, hires, leases,
uses or occupies any building, structure, room, apartment, shop or
any other place within the municipality for the exhibition and sale
of such goods, wares and merchandise, either privately or at public
auction. The person so engaged shall not be relieved from complying
with the provisions of this chapter merely by reason of associating
temporarily with any local dealer, trader, merchant or auctioneer
or by conducting such transient business in connection with, as a
part of or in the name of any local dealer, trader, merchant or auctioneer.
The terms of this chapter, as defined in § 144-3, shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles nor to newsboys nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor shall the terms of this chapter be held to include or apply to any farmer or truck gardener who shall vend, sell or dispose of the products of the farm or garden occupied and cultivated by him, nor shall it apply to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court or to prevent any person conducting a bona fide auction sale pursuant to law.
A.
Applicants for a permit under this chapter must file
with the Police Department of the Borough a sworn application, in
writing on a form to be furnished by the Borough, which shall give
the following information:
(1)
The name and physical description of the applicant.
(2)
The complete permanent home and full local address
of the applicant and, in the case of transient merchants, the local
address from which proposed sales will be made.
(3)
A brief description of the nature of the business
and the goods to be sold.
(4)
If employed, the name and address of the employer,
the name and address of the employee's immediate supervisor, together
with credentials establishing the exact employment relationship.
(5)
The length of time for which the right to do business
is desired.
(6)
If a vehicle is to be used, a description of the same,
together with the license number or other means of identification.
(7)
The source of supply of the goods or property proposed
to be sold or orders taken for the sale thereof, and the proposed
method of delivery.
(8)
A recent photograph of the applicant, which shall
be approximately two inches by two inches, showing the head and shoulders
of the applicant in a clear and distinguishing manner.
(9)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor or violation of any municipal
ordinance, other than traffic violations, the nature of the offense
and the punishment or penalty assessed therefor.
B.
At the time of filing the application, a fee as set
from time to time by resolution of the Borough Council shall be paid
to the Borough Manager or designated representative to cover the cost
of the investigation.
A.
Upon receipt of such application, the original shall
be referred to the Chief of Police, who shall cause such investigation
of the applicant's business and moral character to be made as he deems
necessary for the protection of the public good.
B.
If, as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reasons therefor and return said application to the Police
Clerk, who shall notify the applicant of the disapproval and that
no permit shall be issued.
C.
If, as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on the application his approval,
execute a permit addressed to the applicant for the carrying on of
the business applied for and return said permit, along with the application,
to the Police Clerk, who shall, upon payment of the prescribed fee,
deliver to the applicant his permit. Such permit shall contain the
signature and seal of the issuing officer and shall show the name,
address and photograph of said permittee, the class of permit issued
and the kind of goods to be sold thereunder, the amount of fee paid,
the date of issuance and the length of time the same shall be operative,
as well as the permit number and other identifying description of
any vehicle to be used.
D.
The Clerk shall keep a permanent record of all permits
issued and those rejected and shall issue a monthly report to the
Borough Council of said applicants.
[Amended 1-9-1995 by Ord. No. O4-95]
A.
Every applicant for a permit under this chapter who
owns real or personal property located within the Borough used primarily
for business, for which permit application is made and which property
is on the tax rolls of the Borough, or who is an agent or represents
a person who owns property located within the Borough used for the
business, for which permit application is made and which property
is on the tax rolls of the Borough, shall pay the following fee(s):
(1)
For each person proposing to peddle, canvass or solicit
on foot, per day, per week, per month or per year: as set from time
to time by resolution of the Borough Council.
(2)
For each person proposing to peddle, canvass or solicit
from any type of vehicle or conveyance, per day, per week, per month
or per year: as set from time to time by resolution of the Borough
Council.
(3)
For each helper or assistant to those using vehicles,
per day, per week, per month or per year: an additional amount as
set from time to time by resolution of the Borough Council. Said helpers
must also procure a permit as herein provided for solicitors, peddlers,
etc.
B.
Every applicant for a permit under this chapter who
does not own real or personal property located within the Borough
used primarily for the business, for which permit application is made
and which property is not on the tax rolls of the Borough, shall pay
the following permit fee(s):
(1)
For each person proposing to peddle, canvass or solicit
on foot, per day, per week, per month or per year: as set from time
to time by resolution of the Borough Council.
(2)
For each person proposing to peddle, canvass or solicit
from any type of vehicle or conveyance, per day, per week, per month
or per year: as set from time to time by resolution of the Borough
Council.
(3)
For each helper or assistant to those using vehicles,
per day, per week, per month or per year: as set from time to time
by resolution of the Borough Council. Said helpers must also procure
a permit as herein provided for solicitors, peddlers, etc.
C.
In the case of transient merchants and itinerant vendors
who temporarily occupy a building, structure, room, apartment or shop
within the municipality for the exhibition and sale of goods, etc.,
such merchant or vendor shall pay the following permit fee(s), per
day, per week, per month or per year: as set from time to time by
resolution of the Borough Council.
Every applicant not a resident of Allegheny
County, Pennsylvania, or who, being such resident, represents a firm
whose principal place of business is located outside the Commonwealth
of Pennsylvania shall file with the Police Clerk a surety bond in
favor of the Borough in the amount of $500 if the permit is issued
for less than six months and $1,000 if the permit is issued for six
months or longer, with surety acceptable to and approved by the Chief
of Police, conditioned that said applicant shall comply fully with
the provisions of the Oakmont Borough Code and the statutes of the
Commonwealth of Pennsylvania, regulating and concerning the business
of peddlers, solicitors, canvassers, transient merchants and itinerant
vendors and guaranteeing to any citizen of the Borough that all moneys
paid as down payment will be accounted for and applied according to
the representations of the permittee and further guaranteeing to any
citizen of the Borough doing business with said permittee that the
property or object purchased will be delivered according to the representations
of the permittee. Action on such bond may be brought in the name of
the Borough for the use or benefit of the aggrieved person or persons
or may be brought by the aggrieved person or persons individually,
but the surety may be relieved of further liability by paying, pursuant
to order of the court, the face amount of the bond to the Clerk of
court in which suit is commenced.
No permittee, nor any person in his behalf,
shall shout, cry out, blow a horn, ring a bell or use any sound or
amplifying device upon any of the streets, alleys, parks or other
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, alleys, parks or
other public places for the purpose of attracting attention to any
goods, wares or merchandise which such permittee proposes to sell.
No permit issued under the provisions of this
chapter shall be used at any time by any person other than the one
to whom it was issued.
A.
No permittee shall have exclusive right to any location
in the public streets or sidewalks, nor shall any be permitted a stationary
location thereon, nor shall any permittee be permitted to operate
in a congested area where such operations might impede or inconvenience
the public use of such streets or sidewalks.
B.
No permittee shall be permitted to operate on Sunday
nor before 9:00 a.m. or after 4:00 p.m. weekdays or before 9:00 a.m.
and after 12:00 noon on Saturdays, prevailing time.
C.
Canvassers shall be permitted to go door to door from 9:00 a.m. to
7:00 p.m. seven days a week.
[Added 12-17-2018 by Ord.
No. O47-2018]
D.
No permittee or canvasser shall contact any residence within the
Borough that is posted with signage providing that such contact, solicitation
or canvassing is not desired by the resident thereof. Permittees and
canvassers shall immediately leave a residence when requested to do
so by the owner or occupant of the premises.
[Added 12-17-2018 by Ord.
No. O47-2018]
[Added 12-17-2018 by Ord.
No. O47-2018]
It shall be the duty of any peddler, solicitor,
canvasser, transient merchant or itinerant vendor to produce his permit
upon request of any citizen. A canvasser shall be exempt from the
permitting requirements of this chapter.
[Added 12-17-2018 by Ord.
No. O47-2018]
It shall be the duty of any peddler, solicitor,
canvasser, transient merchant or itinerant vendor to produce his permit
upon request of any police officer of the Borough. A canvasser shall
be exempt from the permitting requirements of this chapter.
The Chief of Police shall report to the Borough
Manager all convictions for violation of this chapter, and the Police
Clerk shall maintain a record for each permit issued and record the
reports of violation therein.
A.
Permits issued under the provisions of this chapter
may be revoked by any District Justice having jurisdiction with respect
to such persons, after notice and hearing, for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for permit.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as solicitor, peddler, canvasser
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting his business in an unlawful manner or in
such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
B.
Notice of the hearing for revocation of a 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 permit, as provided in § 144-6 of this chapter, or in the action of the Manager in the assessing of the fee, as provided in § 144-7E of this chapter, shall have the right of appeal to the Borough Council. Such appeal shall be taken by filing with the Council, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Borough Council 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 § 144-15 of this chapter for notice of hearing on revocation.
All annual permits issued under the provisions
of this chapter shall expire on the 31st of December in the year when
issued. All permits other than annual permits expire on the date specified
in the permit.
In addition to the penalties provided for violation
of the Oakmont Borough Code, all contracts made by any peddler, solicitor,
canvasser, transient merchant or itinerant vendor who has failed to
procure a permit as required by this chapter shall be unenforceable
by the person operating without such permit.
[Amended 1-9-1995 by Ord. No. O-95; 3-13-2000 by Ord. No. O9-2000]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$600, plus costs of prosecution, and in default of payment of such
fine and costs by imprisonments for not more than 30 days in the Allegheny
County Jail.
