[HISTORY: Adopted by the Borough Council of the Borough of Kane 4-4-1983
by Ord. No. A-825. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any right-of-way dedicated to or condemned by the Borough of Kane
for purpose of public travel.
The taking of orders for goods, wares or merchandise, including subscriptions
for magazines or other printed matter, the obtaining of contracts for home
and building devices, repairs and improvements and the securing of contributions
to various causes and organizations, from house to house in the borough.
The selling of merchandise for commercial purposes either from house
to house, or from motor vehicles parked or stopped in the right-of-way of
a borough street in such a manner as to require or induce the purchaser to
approach the motor vehicle or the person of the seller on the sidewalk, cartway
or any other portion of the right-of-way of a borough street.
No person shall engage in the sale of merchandise or canvassing and
soliciting in the borough without first having registered with the Police
Department and obtained an identification card from the Borough Secretary.
A.
The applicant shall state 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
and whether he has ever been convicted of a felony, misdemeanor or a crime
of any kind involving moral turpitude.
B.
The Borough Secretary will issue to the applicant, within
10 days from the date of filing of the application an identification card.
C.
An identification card will not be issued to any person
who has been convicted of a felony or 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.
D.
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.
Every person to whom an identification card has been issued shall, in
the conduct of his activities, 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 or to any person on 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
Secretary. 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 not engage in the sale of merchandise or in
canvassing and soliciting after dark.
E.
He shall not be guilty of any false pretense or misrepresentation,
and, particularly, he shall not represent his identification card as an endorsement
of himself, his goods or services or the goods or services of his employer.
F.
He shall immediately surrender his identification card
to the Borough Secretary upon revocation thereof.
Any identification card may be revoked by the Borough Secretary if the holder fails to comply with the standards of conduct contained in § 112-4 hereof, or any of them, or upon ascertainment by the Police Department that the holder has made a false statement in his application.
This chapter shall not apply to boys and girls under 18 years of age
who take orders for and deliver newspapers, magazines, 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, or to any person representing
an organization which has 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]
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
Upon application, either in person or by mail, the Borough Secretary
is authorized to issue a license upon payment of a fee of $50.
No person, firm or corporation shall engage in the sale of merchandise
from motor vehicles parked or stopped within the right-of-way of any borough
street.
Any person who shall violate any provision hereof shall, upon conviction
thereof, be sentenced to pay a fine not exceeding $300, together with costs
of prosecution, or to undergo imprisonment for not more then 30 days. Provided
that each violation of any provision hereof, and each day same is continued,
shall be deemed a separate offense.
