A. 
As used in this article, the following terms shall have the meanings indicated:
CANVASSER
Any person engaging in the activity of questioning persons for the purpose of obtaining information, data or opinions from such persons contacted for any reason whatever, including political, religious or educational reasons, within the municipality, and whether on foot or from within a structure or by use of vehicle or by use of telephone or in any other manner.
SOLICITOR
Any person engaging in the solicitation of money as a donation or for tickets and coupon books or similar material, with or without the distribution by such solicitor of literature, samples, free gifts or other materials, within the municipality, and whether on foot or from within a structure or by use of vehicle or by use of telephone or in any other manner. Included within the definition are all persons engaged in such activities as members of religious organizations or charitable groups.
B. 
Exclusions. Neither of the foregoing definitions shall be deemed to include any of the following activities:
(1) 
Political campaigning, either in person, in public or by telephone or by mail.
(2) 
The solicitation of donations by mail.
(3) 
Either the soliciting of money or canvassing as otherwise defined herein from personal acquaintances of the person engaging in the activity.
Every person/applicant desiring to engage in canvassing or soliciting in the Borough of Marcus Hook shall register with the Borough. Registration shall be on a form approved by the Borough Council and available from the Borough Manager/Secretary. When the Manager/Secretary has approved the issuance of a solicitor's or canvasser's license, the applicant shall be issued a license. The license shall contain the information required on the application and the expiration date, and one of the photographs which was submitted with the application shall be attached. The license shall be carried by each solicitor or canvasser at all times when engaged in such activity and shall be exhibited for inspection to any person approached for purposes of solicitation or canvass.
A. 
The term of each soliciting or canvassing license shall be specified on the license which is issued and shall not exceed one month from the date of issuance.
B. 
Each applicant shall pay a registration fee of $20 for the term specified on the license. The fees for a solicitor's or canvasser's license may be amended from time to time by resolution of the Borough Council.[1] No fee shall be charged for solicitors or canvassers who represent organizations which are charitable, religious or educational. Exemption from taxation by the United States Treasury Department to such organizations shall be sufficient for the exemption from payment of fees set forth in this section. However, tax-exempt determination is not necessary if such organization, in fact, meets the criteria set forth herein. Candidates for political office or their workers also are exempt from the payment of license fees.
[1]
Editor's Note: The current fee schedule is on file in the Borough offices.
The license for soliciting and canvassing shall be valid within the Borough of Marcus Hook, subject to the following limitations for certain days and activities:
A. 
Days of the week.
(1) 
Sundays. Soliciting and canvassing shall be permitted between the hours 1:00 p.m. and 5:00 p.m.
(2) 
Mondays through Saturdays. Soliciting and canvassing shall be permitted in all residential districts and residential buildings and commercial districts between the hours of 9:00 a.m. and 7:00 p.m.
(3) 
No solicitations or canvassing shall be conducted during legal holidays.
B. 
Special requirements.
(1) 
There shall be no physical contact by the solicitor or canvasser with anyone being solicited or canvassed without the person's consent. This shall be deemed to include not only physical force or restraint but also the act of placing objects on the person or clothing of the one solicited.
(2) 
Solicitors and canvassers shall not occupy a fixed location on any public sidewalk or street. There shall be no interference with or blocking of movement of any pedestrian or vehicle by any solicitor or canvasser.
(3) 
A solicitor or canvasser shall not be permitted to make or cause to be made any loud noise to attract attention or for any other purpose. Such noises may include but shall not be limited to shouting, use of loudspeakers, horns, drums, musical instruments or other sound devices.
(4) 
A solicitor or canvasser shall not place or deposit any refuse on any street, public place or property within the Borough.
(5) 
A solicitor or canvasser who is conducting such activity on private property which is not open to the public shall immediately leave such premises on request of any lawful occupant thereof.
C. 
Exceptions. Excepted from the provisions of this article are public or charitable activities in which the Borough of Marcus Hook is a participant, such activities being conducted for the enjoyment and well-being of the community.
D. 
Fraudulent and deceptive practices.
(1) 
No person who engages in canvassing or soliciting shall use any plan, scheme, ruse or make any statement which indicates or implies that the purpose of such personal visit is other than to obtain orders for or to make sales of goods or services.
(2) 
No person who engages in solicitation shall misrepresent the right to a buyer to rescind or cancel a sale under the provisions of applicable law, and such persons shall provide the buyer with all information as required by state and federal regulations.