[Adopted 11-12-1990 by Ord. No. 11-12-90B][1]
[1]
Editor's Note: Originally adopted by Ord. No. 64-9-51.
Ord. No. 64-9-51 was repealed and replaced by Ord. No. 11-12-90B.
Loud Noise and Speaking Devices section was replaced by Ord. No. 8-12-91C.
48.1.1.Â
It shall be unlawful for any peddler or canvasser, as defined in
the definition section of this ordinance, to engage in any activity
regulated by this ordinance without first obtaining a license therefor
in compliance with the provision contained herein.
48.2.1.Â
When used in this ordinance, the following terms shall have the following
meanings:
48.2.2.Â
CANVASSER — Includes any person, whether a resident of the
Municipality of Bethel Park or not, who goes from house to house,
place to place, or from street to street soliciting funds or contributions,
or soliciting or attempting to take orders from individuals for 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
payment on such orders, or conducts or attempts to conduct surveys
for research purposes (other than those conducted by an agency of
the state or federal government, or surveys of a political, religious
or charitable nature, provided the surveyor is not soliciting funds
or donations), to make analyses, to take opinion polls to compile
rating data and to conduct any similar work which, by its nature,
involves door-to-door or place-to-place activity.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.2.3.Â
PEDDLER — Includes any person, whether a resident of the Municipality
of Bethel Park or not, who goes from house to house, from place to
place or from street to street conveying or transporting goods, wares
or merchandise for sale or offering or exposing the same for sale
or making sales or delivering articles, goods, wares or merchandise
to purchasers.
48.3.1.Â
The terms of this ordinance shall not be held to include the acts
of persons delivering products on a scheduled or prearranged basis,
such as milk and newspaper delivery.
48.4.1.Â
Every individual canvasser or peddler whether or not he is employed
by, directed by or supervised by a person holding a license shall
secure a license pursuant to the terms of this ordinance before engaging
in any activity regulated by this ordinance.
48.5.1.Â
Applicants for license under this ordinance must file with the Police
Department of the Municipality a sworn application in writing on a
form to be furnished by the Municipality, which will give the following
information:
[Amended 9-8-2003 by Ord. No. 9-8-03]
1.Â
Name and physical description of applicant.
2.Â
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 or goods shipped.
3.Â
A brief description of the business and the goods to be sold.
4.Â
The manufacturer, producer or maker of the goods or property proposed
to be sold, or orders taken for the sale thereof; and the proposed
method of delivery.
5.Â
If employed, the name and address of the employer, together with
proof of employment.
6.Â
A recent photograph of the applicant, which shall be approximately
two inches square, showing the head and shoulders of the applicant
in a clear and distinguishable manner.
7.Â
If the person shall use a motor vehicle in relation to his canvassing
or peddling activity, the make, year and color of the vehicle, the
license number and the registered owner.
48.5.2.Â
The completed application shall be submitted to the Police Department
of the Municipality together with the initial fee to cover the expenses
of investigation of $5 payable to the Municipality of Bethel Park.
An application which is not totally complete or one that contains
erroneous information shall not be acted upon and shall be rejected
until such application is totally complete and correct.
48.6.1.Â
Upon receipt of each application, it shall be referred to the Chief
of Police or his designee, who shall immediately institute such investigation
of the application for the protection of the public, health, safety
and welfare.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.6.2.Â
If the application is found to be satisfactory, the Chief of Police
or his designee shall, upon payment of the prescribed initial license
fee, deliver to the applicant his or her license within three working
days after it has been filed by the applicant with the Clerk.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.6.3.Â
Such license shall contain the signature of the issuing officer,
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods to be sold thereunder,
the amount of fee paid, the date of issuance and the expiration date,
as well as the license number and other identifying description of
any vehicle used in such licensed business. Each peddler or canvasser
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 shall keep a permanent record of all licenses issued and
those rejected.
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.7.1.Â
After investigation of the application and approval of the application by the Chief of Police as set forth in Section 48.6 (Investigations and issuance of license) hereof, the Police Department shall issue the license without the payment of fees as set forth in Section 48.9 (Fees), provided the applicant demonstrates that:
[Amended 9-8-2003 by Ord. No. 9-8-2003]
48.8.1.Â
Upon being satisfied that such organization, society, association, or corporation is a religious and charitable organization, group or other organization whose purpose is to advocate and advance the causes and interests of the consumer and other persons representing a group or organization dedicated to advancing concerns of the environmental or other sociological or ecological issues or is a scouting organization or is a group or representative of an activity sponsored, authorized or approved by the Bethel Park School District, the Police Department shall issue a permit without the payment of fees as set forth in Section 48.9 (Fees), provided the applicant presents proof of the aforementioned. Upon completion of the application and presentment of proof of the aforementioned, the Chief of Police shall issue a license immediately without an investigation as set forth in Section 48.6 (Investigations and issuance of license).
[Amended 8-12-1991 by Ord. No. 8-12-91C]
48.9.1.Â
Every applicant for a license under this ordinance except those that qualify for an exemption under Sections 48.7 (Regular route; exception) and 48.8 (Religious and charitable organizations) shall pay, in addition to the initial fee to the Police Department, fees as follows:
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.9.2.Â
None of the license fees provided for under this section shall be
so applied as to occasion an undue burden upon interstate commerce
nor upon the manufacturers within this commonwealth and their agents
who are within Section 2922 of Act Number 568, approved the 10th day
of July, A.D. 1947, P.L. 1621, commonly known as the "Municipality
Code."
[Amended 9-8-2003 by Ord. No. 9-8-03]
48.10.1.Â
No licensee shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location
thereon, nor shall any licensee or person be permitted to operate
in a congested area where such operation might impede or inconvenience
the public use of such streets or sidewalks or endanger the public
health, safety or welfare.
48.10.2.Â
No licensee shall be permitted to solicit on weekends (Saturday
or Sunday) before 12:00 noon or after 8:00 p.m. or to solicit on weekdays
(Monday through Friday) before 10:00 a.m. or after 8:00 p.m., Eastern
standard time or daylight saving time, whichever then shall be in
effect, except as provided in the subsection below.
[Amended 4-10-2017 by Ord. No. 4-10-17B]
48.10.3.Â
Religious and charitable organizations, groups or other organizations whose purpose is to advocate and advance the causes and interests of the consumer and other persons representing a group or organization dedicated to advancing concerns of the environmental or other sociological or ecological issues as determined by Section 48.8 (Religious and charitable organizations) whether licensed or not, may solicit on any day of the week between the hours of 10:00 a.m. and 9:00 p.m. Eastern standard time or daylight saving time, whichever then shall be in effect.
48.11.1.Â
Licensees are required to exhibit their certificate of license
at the request of any citizen or municipal officer or employees.
[Amended 9-8-2003 by Ord.
No. 9-8-03; 4-10-2017 by Ord. No. 4-10-17B]
48.12.1.Â
No person, whether a licensee or not, shall be permitted to
solicit upon posted private property for any purpose whatsoever when
said property is posted in the manner set forth below:
1.Â
A sign posted on the property which is plainly visible and legible
and which states "No Solicitors or Peddlers Invited" or "No Soliciting"
or "No Peddling or Canvassing" or any equivalent language which would
inform a peddler, canvasser or transient merchant that solicitation
was not desired.
48.12.2.Â
An owner or occupant of any private property within the Municipality
may notify the Chief of Police, in writing, that no person is permitted
to solicit upon the private property. The Chief of Police shall create
a no-soliciting list which includes the addresses of each residence
that has opted out of solicitation in this manner. The no-soliciting
list shall be provided to each licensee under this article and shall
be published on the Municipality of Bethel Park website. No person
shall be permitted to solicit upon private property included on the
no-soliciting list.
48.13.1.Â
The Chief of Police is hereby empowered to make reasonable rules
and regulations for the operation and enforcement of this ordinance
as he deems necessary.
48.14.1.Â
Any person, firm or corporation that shall violate any of the
provisions of this ordinance shall forfeit and pay to the Municipality
of Bethel Park for each and every separate offense a sum of not less
than $100 nor more than $300, to be sued for and recovered as other
fines and penalties are now by law recoverable, and in default of
payment of the fine and cost of prosecution, shall be committed to
the County jail for a period not exceeding 30 days.
48.15.1.Â
The provisions of this ordinance are declared to be severable,
and if any section, sentence, clause or phrase of this ordinance shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this ordinance, but they shall stand notwithstanding
the invalidity of any part.
48.16.1.Â
All ordinances or parts of ordinances conflicting with the provisions
of this ordinance are hereby repealed to the extent of such conflict.