[HISTORY: Adopted by the Municipal Council of the Municipality of Monroeville 1-10-1984 by Ord. No. 1402.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed Ord. No. 36.
When used in this chapter, the following terms shall have the following meanings:
CHARITABLE ORGANIZATION
Any organization which has been granted an exemption by the United States Internal Revenue Service under § 501(c) or § 509(a) of the Internal Revenue Code.
PARKING LOT
Includes any place maintained for the outdoor parking of cars, excepting on a street, alley or other public place where such parking is permitted upon payment of compensation or is made available solely to patrons or customers of any place of business.
[Added 3-13-1984 by Ord. No. 1410]
SOLICITOR
Includes any person who:
[Amended 3-13-1984 by Ord. No. 1410; 8-13-1991 by Ord. No. 1767]
A. 
Goes from private house to private house, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales or delivering articles, goods, wares or merchandise to purchasers.
B. 
Goes from private house to private house, 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 is collecting advance payments on such orders.
C. 
Goes from private house to private house, business to business or parking lot to parking lot, disseminating any written information for himself or herself or for any organization for any purposes, soliciting donations or moneys for himself or herself or for any organization for any purpose, whether or not anything of value is given in return.
D. 
Goes from house to house, business or business or parking lot to parking lot, delivering magazines, books, periodicals, or advertising materials of whatsoever nature.
[Added 5-11-1994 by Ord. No. 1889]
TRANSIENT MERCHANT
Includes any person who, temporarily and for a short time, hires, rents or obtains a definite place of business, whether a storeroom, market stand, motel room or a private residence, for the sale of goods, wares, merchandise, fresh fruit or produce to offer or expose the same for sale or for future delivery and sale. "Temporarily" and "for a short time" shall be construed as three months or less.
The terms of this chapter shall not be held to include the acts of merchants or their employees or agents in delivering goods or services in the regular course of business, 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.
It shall be unlawful for any solicitor or transient merchant, as defined in § 282-1 of this chapter, to engage in any such business within the Municipality of Monroeville without first obtaining a license therefor in compliance with the provisions of this chapter.
A. 
Applicants for a license under this chapter must file with the Police Department of the Municipality of Monroeville an application, in writing, on a form to be furnished by the Municipality of Monroeville, which will give the following information:
(1) 
The name and physical description of the applicant.
(2) 
The complete permanent home and 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 or the organization on behalf of which funds are solicited.
(4) 
If employed, the name and address of the employer.
(5) 
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 and delivery area/route.
[Amended 5-11-1994 by Ord. No. 1889]
(6) 
Two recent photographs of the applicant, which shall be approximately two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner.
(7) 
A statement as to whether or not the applicant has been convicted of any felony.
(8) 
Applications involving solicitation for a charitable institution shall be accompanied by a copy of the grant of exemption issued by the Internal Revenue Service.
(9) 
The period and times during which solicitation is to be conducted.
B. 
This application completed as to all matters inquired of shall be turned over to the Police Department of the Municipality of Monroeville, together with the initial fee to cover the expenses of investigation, payable to the Municipality of Monroeville.
C. 
In lieu of the requirements of Subsection A(1) through (9), any school, political, patriotic, philanthropic or civic organization, benevolent society, service club or organization, not for profit, which is not a transient merchant and whose solicitors are permanent residents of the Municipality and which is subject to the provisions of this chapter, shall file with the Police Department of the Municipality of Monroeville an application, on a form to be furnished by the Municipality of Monroeville, which will give the following information:
(1) 
The name and purpose of the cause for which the permit is sought.
(2) 
The name and address of the local sponsor.
(3) 
The period and times during which solicitation is to be conducted.
(4) 
A list of the names and addresses of all of the members of the organization who shall participate in the solicitation.
D. 
Once the application of the organization, society, club or association referenced in Subsection C of this section has been completed and it has been established that its nature is that referenced in Subsection C of this section, then the Police Department shall issue a permit to the group without charge.
A. 
Upon receipt of each application, it shall be immediately reviewed by the Police Department for accuracy.
B. 
If, as a result of such review, the application is found to be true, the Chief of Police or his designee shall endorse on the application his approval and, upon payment of the prescribed initial license fee, deliver to the applicant his or her license within five days after payment of the fee, provided that no license shall be issued to any convicted felon.
C. 
Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of said licensee and the date of issue and the expiration date. Each solicitor or transient merchant must secure an individual license. No license shall be used at any time by any person other than the one to whom it is issued. The Police Department of the Municipality of Monroeville shall keep a permanent record of all licenses issued and those rejected.
Solicitors for charitable organizations shall comply with the provisions of this chapter, but no application or license fee shall be charged.
[Amended 7-8-1997 by Ord. No. 2042]
A. 
The application fee for solicitors and transient merchants shall be as provided in Chapter 194, Fees.
B. 
The license fee for solicitors and transient merchants shall be as provided in Chapter 194, Fees.
A. 
No licensee shall solicit at private residences on Sunday, nor before 9:00 a.m. or after 5:00 p.m. prevailing time on weekdays.
B. 
No licensee shall solicit at any private residence exhibiting a sign reading "No Solicitors" or words of the same meaning.
C. 
Residents may erect a "No Solicitors" or similar sign, not to exceed 120 square inches in size, which for the purpose of this chapter shall be conspicuously displayed near their entrance walk or doorway.
D. 
Solicitors may solicit at business properties in the Municipality with the permission of the property owner during all business hours and may solicit in Municipal streets and other public places from 9:00 a.m. prevailing time to sunset, provided that such solicitors obtain a license as required by this chapter and that they shall be subject to all the other provisions of this chapter.
Licensees shall exhibit their licenses at the request of any resident or police officer.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Chief of Police or his designee with respect to such persons after notice and opportunity for a hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or transient merchant.
(3) 
Any violation of this chapter.
(4) 
Conviction of a felony or misdemeanor.
(5) 
Conducting solicitation or business in an unlawful manner or in such a manner as to constitute a breach of the peace.
(6) 
Refusing to leave the premises when asked to do so by the occupant.
(7) 
Continuation of service after notification.
[Added 5-11-1994 by Ord. No. 1889]
B. 
Notice of the revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the opportunity for a hearing. Such notice shall be transmitted by certified mail, postage prepaid, to the permittee at his last known address.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 282-5 of this chapter or in the action of the revocation provided in § 282-10 of this chapter shall have the right to appeal within five days thereafter to the Municipal Manager and then, if unresolved, by filing written notice of appeal for hearing by the Municipal Council at its next meeting. Upon such appeal, the Municipal Council may reverse, affirm or modify in any regard the determination of the Municipality of Monroeville.
All permits expire on the date specified in the permit.
[Amended 7-8-1997 by Ord. No. 2042]
Any person, firm or corporation that shall violate any of the provisions of this chapter shall forfeit and pay to the Municipality for each and every separate offense a sum of not more than $600, to be used for and recovered as other fines and penalties are now by law enforceable, and, in default of payment of the fine and costs of prosecution, shall be issued a citation.