[HISTORY: Adopted by the Borough Council
of the Borough of Milton 5-28-1997 by Ord. No. 1087. Amendments noted where
applicable.]
No person, association, partnership, firm or
corporation shall, either directly or indirectly, sell goods, wares,
merchandise, magazines, periodicals, books or other personal property
by canvassing or soliciting, or solicit or canvass for contribution,
in the Borough of Milton, without first having registered with the
Police Department and obtained an identification card from the Borough.
A.
Any person desiring to engage in canvassing and soliciting
shall submit a written application to the Police Department on a form
to be furnished by the Borough, accompanied by two photographs (two
inches by three inches minimum) of himself, taken within six months
prior to the date of the application.
B.
The applicant shall state in such written application
his name, age, sex, home address, business address, name and address
of employer, if any, what he desires to canvass and solicit for, the
length of time he wishes to engage in this work, the make and type
of vehicle, if any, he will use, its registration number, the driver
registration number, certificate of automobile liability coverage
and whether he has ever been convicted of a felony, misdemeanor or
a crime of any kind.
C.
In addition thereto, the application shall contain
the signature of the employer as well as of the applicant and shall
contain therein the stipulation and agreement on the part of the employer,
in consideration of the issuance of such license or permit, to become
liable for any and all acts of such solicitor while within the Borough
of Milton, in violation of law or otherwise. Such employer liability
shall be construed to have no application to bona fide charitable
organizations.
D.
The applicant shall submit with the application a copy of a background
check from PA PATCH which the applicant shall obtain, at the applicant's
expense through the online application process.
[Added 10-9-2013 by Ord. No. 1185]
A.
An identification card will not be issued to any person
who has been convicted of felony, misdemeanor or a crime of any kind
involving moral turpitude, and such person shall not be allowed to
engage in canvassing and soliciting in the Borough of Milton.
B.
An identification card will be valid for the balance
of the calendar year in which it is issued. Such card may not be transferred
from one person to another and shall be considered a personal permit
or license.
Promptly upon receiving any application for
a permit to canvass or solicit within the Borough of Milton, the Chief
of Police or his designee shall cause such application and applicant
to be thoroughly investigated by the Police Department of the Borough
of Milton. In the event that such investigation should indicate that
the granting of such permit would or might be injurious to the public
interest, or to the public health, safety or morals, the Chief of
Police or his designee shall have, and is hereby given, the power
and authority to refuse to issue such license or permit. In any instance
where the Chief of Police or his designee should deem it necessary
or advisable to secure and check the fingerprints of any such applicant,
refusal of such applicant to voluntarily furnish such fingerprints
shall constitute, in and of itself, sufficient and valid ground for
refusal to issue such license. The Chief of Police or his designee
will issue to the applicant an identification card (to which one of
the applicant's photographs will be affixed) within 10 days from the
date of filing of the application.
Every person to whom an identification card
has been issued shall, in the conduct of his activity, comply with
the following standards of conduct:
A.
He shall carry his identification card at all times
and exhibit it upon request to any police officer, ordinance officer
of the Borough of Milton or to any other person whom he shall call
or with whom he shall talk.
B.
He shall not permit any person to have possession
of his identification card and shall immediately report its loss to
the Borough Police Department. He shall not cause or permit his identification
card to be altered or defaced in any way.
C.
He shall not enter or attempt to enter any dwelling
without the invitation or permission of the occupant and shall immediately
leave any premises upon request of the occupant.
D.
He shall engage in canvassing and soliciting between
the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday and 9:00
a.m. and 12:00 Noon on Saturdays, legal holidays being excepted therefrom.
Such activities at any other time are hereby expressly declared unlawful.
E.
He shall not be guilty of any false pretense or misrepresentation
and particularly, he shall not represent his identification to be
an endorsement of himself or his goods or services or of the goods
or services of his employer.
F.
He shall immediately surrender his identification
card to the Borough of Milton Chief of Police or his designee upon
revocation thereof.
Any identification card may be revoked by the Chief of Police or his designee if the holder fails to comply with the standards of conduct contained in § 177-5 hereof, or any of them, or ascertainment by the Chief of Police or his designee that the holder has made a false statement in his application.
A.
This chapter shall not apply to persons under the
age of 19 years who take orders for and deliver newspapers, greeting
cards, candy and the like, or who represent the Boy Scouts and Girl
Scouts or similar organizations and take orders for and deliver cookies
and the like.
B.
Any person who works for an organization which has
been registered with the Pennsylvania Department of State, as required
by Act No. 337, approved August 9, 1963, known as the "Solicitation
of Charitable Funds Act,"[1] shall not have to register with the Borough of Milton,
but such organization shall cause notice to be given to the Chief
of Police or his designee that such person will be canvassing and
soliciting in the Borough of Milton; any such person shall carry an
appropriate identification card issued by the organization for which
he works.
[1]
Editor's Note: See 10 P.S. § 162.1
et seq.
C.
Any person soliciting funds for a charitable cause
which is not within the purview of the Solicitation of Charitable
Funds Act and not registered thereunder shall be required to file
an application as required under this chapter, except that the Chief
of Police or his designee may, at his option, waive the requirements
for the submission of photographs of the applicant. Further, recognizing
that no profit is derived by any individual from such activity, no
fee shall be charged for the issuance of a license to solicit for
bona fide charitable contributions.
Every person engaged in canvassing and soliciting
in the Borough of Milton and not exempted from the requirements of
this chapter, shall pay a registration fee as follows:
Any person, firm or corporation violating any
of the provisions of this chapter shall, upon conviction thereof before
any District Magistrate, be fined a sum of not more than $100 and
costs of prosecution and, in default of payment of same, shall be
sentenced to imprisonment in the Northumberland County Jail for a
period of not more than 30 days or until such fine and cost shall
be paid. Each day of violation shall constitute a separate offense.
