[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 10-16-1952 by Ord. No. 71; amended in its entirety 6-26-2019 by Ord. No. 05-2019. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, organization, firm, partnership, corporation, company, association, church, religious denomination, society, class, league or other entity or group.
- SOLICIT AND SOLICITATION
- Offering goods or services for sale or making sales and delivering articles door to door to purchasers, or the request, directly or indirectly, for money, property, financial assistance, or other things of value, including for a charitable and philanthropic purpose. The word "solicitor" shall not include salespersons calling on retail merchants. Solicitation shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
It shall be unlawful to solicit within the Borough of Riverdale without first registering with the Borough Clerk on a form to be provided by the Borough Clerk which shall indicate the identification of the individual or individuals soliciting and include proof of identification, the planned date or dates, time, and place where the solicitation will occur. The registration shall be effective for the calendar year in which it is completed. The registrant shall be responsible for updating the Borough Clerk with any changes to the dates, times, and place where the solicitation will occur throughout the calendar year. A copy of the "do not solicit" list shall be provided to every person registering with the Borough Clerk. Anyone engaged in solicitation shall have proof of registration and shall have personal identification outwardly visible on their person at all times while soliciting in Riverdale. No solicitation shall commence before 10:00 a.m., and solicitation shall end no later than 8:00 p.m.
Any person who owns or rents property within the Borough may register such property to be included on the "do not solicit" list by registering through the Borough Clerk's office.
Maintenance of the "do not solicit" list shall be as follows:
The "do not solicit" list shall be maintained by the Borough Clerk. The list shall be available through the official Borough website.
The "do not solicit" list shall consist solely of property addresses and shall include no further identifying information concerning the ownership of each property.
The Tax Assessor shall notify the Borough Clerk of any change in ownership of property within the Borough. The Borough Clerk shall remove from the "do not solicit" list any property which has changed ownership.
Other than by sale of property, a property, once listed, may only be removed from the list by submitting a written request to the Borough Clerk.
The Borough Clerk shall provide a copy of the "do not solicit" list to any person notifying the Borough Clerk's office pursuant to this chapter of his/her intention to engage in soliciting within the Borough. The failure of the Borough Clerk to provide the "do not solicit" list to such person or the failure of such person to have received a copy of the "do not solicit" list from the Borough Clerk shall not provide a defense to the requirement of having in his/her possession a copy of the updated "do not solicit" list.
It shall be unlawful to solicit at any property listed on the "do not solicit" list.
The prohibition in this chapter shall not apply to an individual visiting a property where the owner or occupant of such property has directly or implicitly indicated to the solicitor, through prior interaction, that his/her visit would be welcomed. The burden of persuasion shall be on the person claiming this exemption.
A person found by the Borough Clerk to have engaged in solicitation on a property listed on the "do not solicit" list shall, after notice and an opportunity to be heard, have his or her right to solicit and the right of any person for which he or she was employed while soliciting within the Borough suspended for a period of 30 days for a first offense, 60 days for a second offense, and indefinitely after a third offense. The individual shall have a right to appeal the suspension to the Borough Council, which shall hear the appeal at its next regularly scheduled meeting. The suspension shall be in addition to any other penalties for violation which may be imposed by the Municipal Court. Any person violating the provisions of this chapter shall be subject to the general penalties provided for in Chapter 1, Article II, General Penalty, of this Code.
There shall be a fee of $25 per person or organization where there are multiple persons for each registration as a solicitor. Registration and the payment of this fee shall be required on an annual basis, and all registrations shall expire at the end of the calendar year.