[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:
A.
Farmers selling their own produce.
B.
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.
C.
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.
D.
Manufacturers or producers of bread and baking products,
meat and meat products or milk or milk products who sell their own
products.
E.
Insurance and real estate agents and brokers licensed
by the Commonwealth of Pennsylvania.
F.
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.[1]
G.
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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:
A.
Sell any product or type of product not mentioned
in his license.
B.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the Borough.
C.
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.
D.
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.[1]
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.