[HISTORY: Adopted by the Borough Council of the Borough of Millersville 8-28-2001 by Ord. No. 2001-4. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Millersville Borough Peddler and Solicitor Ordinance."
It shall be unlawful for any individual to solicit funds, peddle, canvas or take orders for any goods, wares or merchandise upon any street, alley, sidewalk or public place or from house to house in Millersville Borough without first obtaining a license as provided herein, except that no license shall be required for the following:
Farmers selling their own produce.
Persons soliciting funds or selling goods, wares or merchandise donated by the owner thereof where the funds or proceeds of the sale are to be applied exclusively for a charitable or philanthropic purpose.
Representatives and members of Boy Scouts of America, Girl Scouts of America, Lions, Kiwanis, American Association of Retired Persons, Disabled American Veterans, YWCA and YMCA and YMHA, Red Cross, Salvation Army and other national and international service organizations and associations existing for the benefit of young, aged, handicapped or stricken persons and soliciting or selling for the purpose of self-perpetuation and which may be registered as charitable organizations with the state or federal government.
Manufacturers or producers of bread and baking products, meat and meat products or milk or milk products who sell their own products.
Insurance and real estate agents and brokers licensed by the Commonwealth of Pennsylvania.
School children selling goods, wares or merchandise where the funds or proceeds of the sale are to be applied exclusively for a function or organization sponsored or approved by the school where such children attend.
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
Every individual desiring to engage in those acts prohibited in § 274-2 of this chapter and not exempted thereby must obtain a license from the Borough Police Department.
To obtain a license, individuals must complete a written application which shall contain such information as is reasonably required by the Borough Police Department and shall permit the Borough Police Department to photograph the individual for the purpose of identification, if requested to do so.
Following the completion of such application, the Borough Police Department shall have 72 hours to investigate the applicant and to grant or deny the license.
The Mayor, the Chief of Police of Millersville Borough, or his authorized deputy may refuse to issue a license in cases where investigation shall disclose a criminal record or any false or misleading statement on the application. The appeal on refusal to issue a license shall be made within 10 days to the Borough Council of Millersville Borough by filing a written notice of the appeal with the Secretary of the Borough. The Borough Council shall thereafter hold a hearing and render a decision on the refusal to issue a license pursuant to the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
The Mayor, the Chief of Police, or his authorized deputy is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be in the interest of the public health, safety, or morals or for the violation of any of the provisions of this chapter or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection D of this section.
The license shall be dated and signed by the Mayor, the Chief of Police, or his authorized deputy and shall be valid for the period of time desired by the applicant, not to exceed 30 days. The license shall be in the individual's possession and shall be prominently displayed at all times while engaged in solicitation.
No license issued under this chapter shall be transferable from one person to another.
Each person who shall actually conduct the soliciting or peddling shall file a separate application. This requirement shall apply where an employer desires to secure licenses for his employees, agents or servants.
The license granted pursuant to this chapter shall be valid for 30 days after the date such license is issued; and upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a license. Such licenses may be issued in advance for consecutive thirty-day periods not to exceed six in number.
No person engaged in any transient retail business shall:
Sell any product or type of product not mentioned in his license.
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
Park any vehicle upon any of the streets or alleys in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton or wrapping material or of any stock or wares or foodstuffs which shall have become unsalable through handling, age or otherwise.
No person shall engage in any transient retail business within the Borough without first having obtained a license as set forth herein. The license fee shall be as established by resolution or ordinance of the Borough Council for each period for which the license is valid as set forth in § 274-3F herein.
Soliciting funds, canvassing, peddling or taking orders, whether by sample or otherwise, for any goods, wares or merchandise from house to house in the Borough of Millersville shall be permitted only between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for not more than 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.