[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.]
[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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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]
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.
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.
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.
A.Â
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)Â
Name and description of the applicant.
(2)Â
Permanent home address and full local address of the
applicant.
(3)Â
A brief statement of the nature of the activity and
a description of the merchandise or service to be sold or performed.
(4)Â
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(5)Â
The length of time for which the certificate is desired.
(6)Â
If a vehicle is to be used, a description of such
vehicle and its license number.
(7)Â
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.Â
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)Â
Name and local residence of applicant.
(2)Â
Name and official address of the organization represented
and the names and addresses of the organization's local officers and
managers.
(3)Â
Purpose of solicitation.
(4)Â
Name and address of the person or persons who will
be in direct charge of conducting the solicitation.
(5)Â
A list of the names and addresses of all sponsors,
promoters and solicitors connected with the solicitation.
(6)Â
An outline of the methods to be used in conducting
the solicitation.
(7)Â
The dates when the solicitation is to be made, giving
the commencement and termination dates.
(8)Â
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.
A.Â
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.Â
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.Â
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.
No person shall:
A.Â
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.Â
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.Â
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.Â
Enter or attempt to enter the residence of any person
in the Borough without an express invitation from the occupant of
such residence.
E.Â
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any residence.
F.Â
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.Â
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
H.Â
Litter the streets, public places or properties within
the Borough with any merchandise or printed material.
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.Â
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]
B.Â
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.Â
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.Â
Any school, political or civic organization, benevolent
society, service club or organization not for profit whose principal
office is located in the Borough.
E.Â
Newsboys.
F.Â
Persons selling personal property at wholesale to
dealers in such articles.
G.Â
Persons conducting a bona fide auction sale pursuant
to law or a sale required by statute or by order of any court.
H.Â
Petitioners or candidates for elected office or representatives
of political or political-cause organizations.
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.
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.
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.