[HISTORY: Adopted by the Borough Council of the Borough of Clarion 11-4-1981 by Ord. No. 81-608; amended in its entirety 6-6-2012 by Ord. No. 2012-789. Subsequent amendments noted where applicable.]
The following definitions apply to the interpretation and enforcement of this chapter:
- CHARITABLE, NONPROFIT ORGANIZATIONS
- Includes political, patriotic, religious, service, welfare, benevolent, educational, civic or fraternal corporations, organizations, associations, societies and the like, not organized for private gain. Examples of charitable, nonprofit organizations include veterans groups and organizations which assist the poor, the aged, the sick, the physically or mentally challenged, or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including but not limited to evidence of tax exemption.
- COMMERCIAL SOLICITOR
- Any person engaged in public solicitation.
- GOVERNMENTAL AGENCIES
- Includes local municipal agencies, school districts, county agencies, Commonwealth of Pennsylvania and federal agencies. This will include but not be limited to the agencies obtaining survey data or information for government purposes, including census takers and assessment officials.
- LEGAL HOLIDAY
- A legal holiday means and includes all legal holidays established by and for the Commonwealth of Pennsylvania.
- LICENSE FEES
- License fees will be established by Council each year by resolution at the time that said Council shall enact its annual budget ordinance.
- NONCOMMERCIAL SOLICITOR
- Any person who is a member of a bona fide religious, educational, charitable, nonprofit organization, service organization or government agencies as defined in this chapter and candidates or campaign workers for political office or for legitimate campaign issues who travel door to door in the Borough who are not engaged in the sale of a product or the solicitation of donations or contributions.
- Includes the singular and the plural and shall also mean and include any person, firm or corporation, association, club, copartnership, society, government agency or any other organization.
- PUBLIC SOLICITATION
- Public solicitation means and includes the following: engaging in peddling, seeking donations, soliciting, taking orders, soliciting for information or seeking the purchase of, either by sample or otherwise, any goods, including food and drink, wares, charities or merchandise, upon any street, right-of-way, alley, sidewalk or public ground or from house to house or to the employees of any business for their personal use within the Borough.
- SERVICE ORGANIZATIONS
- Includes benevolent, civic or fraternal organizations, associations, societies and the like, not organized for private gain. Examples of nonprofit organizations include organizations which provide a free community service, assist the poor, the aged, the sick, the physically or mentally challenged, or which aid victims of fire, flood or similar catastrophes. This enumeration is intended to be typical and shall not be construed as exclusive. All applicants shall provide satisfactory proof of nonprofit status upon request, including but not limited to evidence of tax exemption. Examples of service organizations as defined for the purposes of this chapter are as follows: Rotary, Kiwanis, Elks, Lions Club, etc.
- SPECIAL EVENT
- Any act or public solicitation which requires special permission by the Clarion Borough Council and which may involve the activities or support of the Borough's police, public works or code enforcement officers or personnel.
No person shall engage in any public solicitation or special event within the Borough without first having obtained from the Borough Manager or designated agent a license.
Upon making an application, no license fee shall be charged under this section for the following:
To farmers selling their own produce.
For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products (This category does not include or apply to ice cream or other frozen desserts.)
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
To charitable, nonprofit organizations.
To governmental agencies; or
To service organizations.
All persons exempted hereby from the payment of the license fee shall be required to register with the Borough Manager or designated agent and obtain a license without fee; provided, further, that any person dealing in one or more of the above-mentioned exempt categories and dealing with other goods, wares or merchandise not so exempt shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; and provided, further, that every license issued under the provisions of the article shall be issued on an individual basis to persons engaging in such business. Every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain the license for the applicants therein.
The Borough Manager or his designated agent may limit the number and location of persons engaged in public solicitations for the public's convenience and safety.
Nothing contained in this chapter shall be meant to prohibit any sale required by statute or by order of any court or to prevent any bona fide estate or property auction.
No application for a license, no license fee and no license shall be required of any of the following:
Persons 18 years and younger engaging in public solicitation for newspaper orders or delivery, or the sale of greeting cards, magazines, candy, fruit or similar products as part of school activities, or by the Boy Scouts, Girl Scouts or similar organizations for orders and delivery of cookies, candies or similar products, or the conduct of special "tag days" for the benefit of school-sponsored organizations by persons 18 years or under.
"Lemonade stands" or similar activities conducted by persons under the age of 10 years.
Any commercial solicitor who was invited by the property owner to meet at the property owner's residence to discuss the sale of his product.
Every person desiring a license under this chapter must first make application to the Borough Manager or designated agent. In the event that a license for the activity is also required by any state or county office, this license must be presented to the Borough for review prior to the issuance of a license by the Borough. The applicant shall:
Provide his name and address, both local and permanent.
Furnish proof of identity.
State the name and address of the employer.
Describe the type of goods, wares, charity and merchandise he wishes to solicit for.
Provide the length of time for which the license is to be issued.
Provide the type and license number of the vehicle to be used, if any.
A delay may be exercised prior to the issuance of a license to allow the Borough police to investigate the applicant.
Clarion Borough Council shall set the fees for the public solicitation license, including special events, which shall be valid for one year, by resolution at the time that said Council shall enact its annual budget ordinance. If Clarion Borough Council shall not set a fee regulated by this chapter at the time that it enacts its annual budget ordinance, then in such case the fees which were in effect for the preceding year and not changed shall remain in effect for the subsequent year.
Upon receipt of the application and the prescribed fee, the Borough Manager or designated agent will issue the license required under this chapter, if the application is in order. Every license holder will carry the license upon his person and display such license at the location if the license holder is engaged in public solicitation from house to house or on any of the streets, alleys, sidewalks or public grounds. He shall exhibit such license, upon request, to all police officers, Borough officials and citizens or residents of the Borough.
No person engaged in any public solicitation will:
Sell or solicit any products, purpose or type of product not mentioned in his license.
Hawk or cry his wares upon any of the streets, alleys, rights-of-way, sidewalks or public grounds in the Borough and when operating from a vehicle, stop or park such vehicle upon any of the streets, alleys or rights-of-way in the Borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
Place, set up, exhibit or display on the public sidewalks any goods, wares or merchandise nor set up and operate on said sidewalks any implements or fixtures used in connection with the display and/or sale of goods, wares or merchandise, provided that the Borough Manager may, in his discretion, establish special sidewalk sales days, during which the provisions of this section shall be suspended for such periods of time and in such locations as the Borough Manager shall designate.
Park any vehicle upon any of the streets, alleys or rights-of-way in the Borough for the purposes of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or any stock or wares of foodstuffs which have become unsalable through handling, age or otherwise.
Engage in any public solicitation, except by prior appointment, at any time on a Sunday or legal holiday.
The Borough Manager or designated agent will supervise the activities of all persons holding licenses under this chapter, and he will keep a record of all licenses issued hereunder.
[Amended 12-20-2013 by Ord. No. 2013-798]
The Borough Manager or designated agent may suspend or revoke any license issued under this chapter, when such suspension or revocation is deemed beneficial to the public health, safety or morals, for violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from the suspension or revocation may be made to the Borough Council at any time within 10 days of receipt of notice of suspension or revocation. See Chapter 113, Licenses, Article I, for provisions relating to suspensions, revocations and appeals.
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person who shall violate any section of this chapter shall be guilty of a summary violation and, upon conviction thereof by a Magisterial District Judge, be sentenced as follows:
The first conviction shall be punishable by a maximum fine of $200 and the costs of prosecution and, in default of payment of such fine and costs, by imprisonment for not less than two and not more than four days.
The second conviction shall be punishable by a maximum fine of $400 and the costs of prosecution and, in default of payment of such fine and costs, by imprisonment for not less than four and not more than eight days.
The third and subsequent conviction(s) shall be punishable by a maximum fine of $600 and the costs of prosecution and, in default of payment of such fine and costs, by imprisonment for not less than eight and not more than 30 days.
The provisions of this chapter, so far as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and regulations and not as new enactments. The provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit of prosecution pending or to be instituted to enforce any of these repealed ordinances or regulations.
If any section of this chapter shall be found to be invalid, the other sections of this chapter shall not be affected thereby.
Any ordinance or any part of any ordinance now in effect in Clarion Borough, Clarion County, Pennsylvania, which conflicts with this chapter is hereby repealed insofar as the same is affected by the terms of this chapter.