[HISTORY: Adopted by the Borough Council
of the Borough of New Freedom 12-13-2021 by Ord. No. 2021-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 156,
Peddling and Soliciting, adopted 2-10-1975 by Ord. No. 1975-2 (Ch.
13, Part 2, of the 1983 Code of Ordinances), as amended.
The following words and phrases, as used in this chapter, shall
mean:
Any person who shall engage in peddling as defined in the
definition of "peddling."
The selling or offering for sale of any goods, wares, services,
or merchandise for immediate delivery, which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, on any of the streets or sidewalks, from house to house,
by visitation to private residences, or by entering in or on private
or public property or business establishments within the Borough.
A natural person, association, partnership, firm, organization,
or corporation.
The seeking or taking of contracts or orders for any goods,
wares, services, or merchandise for future delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks, from house
to house, by visitation to private residences, or by entering in or
on private or public property or business establishments, within the
Borough. The seeking or taking of contracts or orders for home or
other building repairs, improvements, and alterations, or for work
on trees, landscaping, or fences, and orders or contracts for any
mechanical, electrical, plumbing or heating device or equipment for
houses, or other building improvements or repairs, on or from the
places stated within the Borough.
Any person who shall engage in soliciting as defined in the
definition of "soliciting."
A.
No person shall engage in soliciting or peddling in the Borough without
first having registered as provided in this chapter, except as listed
below.
B.
Registration requirements shall not apply to:
(1)
Farmers seeking or taking orders for the sale of their own products.
(2)
The seeking or taking of orders by any manufacturer or producer for
the sale of bread and bakery products, or milk and milk products.
(3)
The sale of single-serve treats on a seasonal basis, such as ice
cream or shaved ice, on public or private property.
(4)
The seeking or taking of orders by insurance or real estate agents
or brokers licensed under the laws of the Commonwealth of Pennsylvania.
(5)
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
(6)
Public or charitable activities in which the Borough is a participant,
the activities being conducted for the enjoyment and well-being of
the community.
A.
Every person desiring to engage in solicitation or peddling in the
Borough shall register with the Secretary on a form provided by the
Secretary. The registration shall contain only the following information
verified by certification by the registrant, and separate forms shall
be provided for profit or nonprofit (religious, public, or charitable)
organizations:
(1)
For profit-making registrants:
(a)
Full name of applicant, local address, and telephone number.
(b)
Permanent address and telephone number.
(c)
Name, address, and telephone number of employer, or a statement
that the applicant is self-employed.
(d)
The nature of the goods, wares, services, or merchandise offered
for sale.
(e)
The type of vehicle to be used and the license plate number
of each vehicle, if any.
(f)
Identification (driver's license number or social security
number).
(g)
Signature of applicant.
(h)
A registration card shall be issued which, in addition to other
information, shall contain the following statement: "The issuance
of this card does not endorse or sanction the activity of bearer."
(i)
All applicable personal information specified above shall be
given for every person registering. An individual registration card
shall be required for each helper. No registration card under this
chapter shall be transferable from one person to another.
(2)
For charitable, religious, public organizations (nonprofit):
(a)
Full name of organization, address, and telephone number.
(b)
Name, address, telephone number and title of individual registering
on behalf of above.
(c)
Purpose of organization.
(d)
Nature of solicitations being made or goods or services offered
for sale.
(e)
Give dates when activity will be performed.
(f)
Has organization complied with provisions of the Act 202 of
1990, Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq., as amended, governing solicitations for charitable, benevolent,
patriotic, or other purposes.
(g)
The registrant shall supply a list of all solicitors and peddlers,
providing name, address, and telephone number.
(h)
A registration card shall not be issued or required.
Each applicant under this chapter shall pay a registration fee of $25 for the primary application and $5 at the time of registration for each person who shall actually conduct the soliciting or peddling. No fee shall be charged to an organization as described under § 156-3A(2) of this chapter.
The registration cards granted under this chapter shall be for
a period not to exceed seven consecutive days. Unless granted a special
exception by the Borough Council, only one registration will be accepted
per calendar year.
The registration card, when issued, shall state the products
to be sold, services to be rendered or subscriptions or contributions
to be solicited by the registrant. Every solicitor or peddler shall
at all times, when engaged in soliciting or peddling in the Borough,
carry the registration card on his person and shall exhibit it on
request to all police officers, Borough officials and citizens. No
solicitor peddler shall engage in selling any product or service not
mentioned on the registration card.
The Borough Manager or Secretary shall keep a record of all
registrations issued under this chapter and shall forward daily to
the Chief of Police a list of registrations issued under this chapter.
The Chief of Police shall supervise the activities of registrants.
The Borough Manager/Administrator or Secretary shall furnish information
to citizens as requested by them.
No person operating as a solicitor or peddler under this chapter
shall engage in soliciting or peddling on Sundays or legal holidays
or any other day of the week before 8:00 a.m. or after 9:00 p.m.
No person operating as a solicitor or peddler shall maintain
or keep a secret or curb market by parking a vehicle on a street or
alley for any longer than necessary to make his presence known to
persons residing in the immediate vicinity. No such person shall place
or deposit any refuse on a street, highway, or alley.
No person operating as a solicitor or peddler under this chapter
shall occupy a fixed location on any of the sidewalks, streets, highways,
or alleys of the Borough for the purpose of soliciting or peddling
with or without a stand or counter.
No person shall engage in peddling or soliciting at, or remain
on the premises of, a residence after having been asked by the occupant
to leave the premises or residence.
It shall be unlawful for a person to engage in peddling or soliciting
on any premises or residence if the premises or residence is posted
against solicitation by a notice prominently displayed, upon which
is printed in the legend: "No Solicitors." A residence shall be deemed
to be posted against peddling or soliciting if there is exhibited,
on or near the main entrance to the premises on or near the main door
to any residence located on the premises, a sign at least three inches
by four inches in size, which bears the legend above in letters at
least 1/3 inch in height.
A.
No person who engages in canvassing or soliciting shall use any plan,
scheme or ruse or make a statement which indicates or implies that
the purpose of the person's visit is other than to obtain orders
for or to make sales of goods or services.
B.
No person who engages in solicitation shall misrepresent the right
of a buyer to rescind or cancel a sale under the provisions of applicable
law, and he shall provide buyer with all information required by state
and federal regulations.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 90 days. Every day that a violation of this chapter continues
shall constitute a separate offense.
