Borough of Marietta, PA Chapter 250 Peddling and Soliciting

[HISTORY: Adopted by the Borough Council of the Borough of Marietta 12-13-1983 by Ord. No. 83-10 (Ch. 71 of the 1983 Code). Amendments noted where applicable.]

§ 250-1 Purpose.

[Amended 4-8-1986 by Ord. No. 86-2]

This chapter is adopted to regulate the distribution of certain materials, peddling, soliciting and related activities within the Borough of Marietta. The registration of persons engaged in the above-mentioned activities is required so that the identity of persons going door to door or distributing materials within the Borough or temporarily selling merchandise from a stand or a kiosk within the Borough may be established, so that general regulations may be more effectively enforced, for the protection and maintenance of the health, safety and welfare of the inhabitants of the Borough and to prevent dishonest business practices and dishonest solicitation of funds in the Borough.

§ 250-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTRIBUTOR

Any person who distributes or causes to be distributed on any street or public place within the Borough any handbill, advertisement, circular, card, pamphlet or printed material of any kind other than a regularly delivered newspaper, magazine or periodical.

MERCHANDISE

All goods, wares, food, meat, fish, ice cream, fruits, vegetables, magazines, periodicals, printed material, farm products, services and orders or contracts for services, home improvements or alterations and anything that may be sold or distributed by peddlers, solicitors or distributors, as defined herein.

PEDDLER

Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise for the purpose of selling and delivering the merchandise to customers. The word "peddler" shall also include the words "hawker," "huckster" and "transient merchant." In addition to the foregoing, the definition of "peddler" shall also include persons who are not residents of the Borough who set up stands, kiosks or other fixed places of business on a temporary basis for the sale of merchandise.

[Amended 4-8-1986 by Ord. No. 86-2]

SOLICITOR

Any person, whether a resident of the Borough or not, who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not such individual has, carries or exposes for sale a sample of the merchandise or services, and whether or not he/she is collecting advance payments on such sales or orders, or who engages in any of the foregoing activities from a stationary location on any street or other public place. The word "solicitor" shall also include the word "canvasser" or any person who goes from door to door, as described above, for the purpose of soliciting contributions and/or who collects funds from a stationary location on any street or other public place.

§ 250-3 Registration required.

It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Borough without first filing an application for registration and obtaining a registration certificate from the Borough of Marietta.

§ 250-4 Registration certificate.

Upon obtaining a registration certificate as hereinafter provided, a peddler, solicitor, distributor or transient merchant may conduct his activities within the Borough only as long as he/she adheres to the regulations set forth herein and carries the registration certificate upon his person at all times during the conduct of his activities. The registration certificate shall identify the person and the type of activity for which he/she has registered and shall be shown to any police officer or citizen upon request. All certificates shall expire on the date shown thereon, but in no case shall any certificate be issued for a period of time of more than one month.

§ 250-5 Application for certificate.

A. Every applicant for a certificate under this chapter, other than for the solicitation of contributions, shall file with the Susquehanna Regional Police Department a sworn written application on a form to be furnished by the Borough, which shall give or be accompanied by the following information or documents:

(1) Name and description of the applicant.

(2) Permanent home address and full local address of the applicant.

(3) A brief statement of the nature of the activity and a description of the merchandise or service to be sold or performed.

(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship.

(5) The length of time for which the certificate is desired.

(6) If a vehicle is to be used, a description of such vehicle and its license number.

(7) A statement as to whether the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

B. In the case of solicitation of contributions, one person shall make application for the organization at least 30 days prior to the proposed date the solicitation will begin, which application shall give or be accompanied by the following:

(1) Name and local residence of applicant.

(2) Name and official address of the organization represented and the names and addresses of the organization's local officers and managers.

(3) Purpose of solicitation.

(4) Name and address of the person or persons who will be in direct charge of conducting the solicitation.

(5) A list of the names and addresses of all sponsors, promoters and solicitors connected with the solicitation.

(6) An outline of the methods to be used in conducting the solicitation.

(7) The dates when the solicitation is to be made, giving the commencement and termination dates.

(8) A statement as to whether or not any commission, fee, wage or other compensation is to be paid in connection with such solicitation and, if so, details as to the amount to be expended from the funds collected.

§ 250-6 Issuance of certificate.

A. Upon receipt of the completed application form and payment of the fee herein required, a registration certificate shall be issued by the Susquehanna Regional Police Department. The certificate shall give such information as shall be deemed necessary to adequately identify the registrant and the activity in which he/she is involved. The expiration date of the registration certificate shall in all cases be indicated.

B. In the case of solicitation of contributions, the certificate shall be issued to the organization, which shall supply each of its agents or solicitors with credentials, in a form approved by the Susquehanna Regional Police Department, giving the name of the solicitor, the name of the sponsoring organization, the purpose for which the solicitation is being made, the signature of the managing officer of the organization, the dates during which the solicitation is authorized to be made and the number of the registration certificate issued to the organization by the Borough.

C. Except as provided in Subsection B above, where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately. Upon expiration of a certificate, a new certificate will be issued upon compliance with all provisions of this chapter.

§ 250-7 General regulations.

No person shall:

A. Peddle, solicit or distribute merchandise except between the hours of 9:00 a.m. and 6:00 p.m., unless specifically having been invited into a house by the occupant or having made an appointment with a person previously.

B. Attempt to peddle, solicit or distribute merchandise or printed material without first having identified himself as a peddler, solicitor or distributor registered with the Borough and having displayed his certificate or credentials in the case of the solicitation of funds.

C. Have exclusive right to any location in the public streets or operate in any congested area where his operations might impede or inconvenience the public.

D. Enter or attempt to enter the residence of any person in the Borough without an express invitation from the occupant of such residence.

E. Conduct himself in such a manner as to become objectionable to or annoy an occupant of any residence.

F. Shout, cry out, blow a horn, ring a bell or use any sound-making or amplifying device upon any of the streets, parks or public places of the Borough or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, parks or other public places of the Borough or upon private premises, for the purpose of attracting attention to any merchandise or services.

G. Distribute obscene merchandise or printed material or that which advocates unlawful conduct.

H. Litter the streets, public places or properties within the Borough with any merchandise or printed material.

§ 250-8 Exemptions.

The following persons or organizations are exempt from the registration procedure upon compliance with all other provisions of this chapter and submission of applicable identification and documents to support the claim to exemption:

A. Any charitable or religious society that shall conduct sales of personal property when the proceeds thereof shall be applied to the payment of the expenses thereof and to the charitable or religious object for which the society exists.[1]

[1] Editor's Note: Original § 71-8B of the 1983 Code, regarding any person honorably discharged from the military services of the United States, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Any person selling fruits and farm products grown by himself, with or without the help of others, or any person delivering bread and bakery products, meat and meat products or milk and milk products.

C. Any person engaged in the delivery of goods, wares or merchandise or other articles or things, in the regular course of business, to the premises of persons who had previously ordered the same or were entitled to receive the same by reason of a prior agreement.

D. Any school, political or civic organization, benevolent society, service club or organization not for profit whose principal office is located in the Borough.

E. Newsboys.

F. Persons selling personal property at wholesale to dealers in such articles.

G. Persons conducting a bona fide auction sale pursuant to law or a sale required by statute or by order of any court.

H. Petitioners or candidates for elected office or representatives of political or political-cause organizations.

§ 250-9 Interstate commerce; interpretation of provisions.

This chapter shall not be applied so as to occasion any undue burden upon interstate commerce with respect to any business or activity referred to herein. It is the intent of the Mayor and Council that this chapter be interpreted so as to achieve the primary purpose of protecting the health, safety and welfare of the inhabitants of the Borough and not as to unduly regulate or control the proper conduct of any business or commercial activity.

§ 250-10 Fees. [1]

The fees to be paid to the Borough pursuant to the provisions of this chapter shall be as established by resolution of the Borough Council.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-11 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Lancaster County.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).