[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights as indicated in article histories. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 295.
[Adopted in 1956 by Ord. No. 394 (Ch. 13, Part 1, of the 1988 Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling as hereinabove defined.
- The selling or offering for sale of any goods, wares 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, upon any of the streets or sidewalks or from house to house within the Borough of Clifton Heights. Provided, the word "peddling" shall not apply to farmers selling or offering for sale their own produce; to the selling or offering for sale of bread or bakery products, meat and meat products, or milk and milk products by any manufacturer or producer thereof; to the selling or offering for sale of insurance by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania; and provided further that the word "peddling" shall not include soliciting as said word is defined in this article.
- Any natural person, association, partnership, firm or corporation.
- The seeking or taking of contracts or orders for any goods, wares, or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks or from house to house within the Borough of Clifton Heights. Provided, the word "soliciting" shall not apply to farmers seeking or taking orders for the sale of their own produce; to the seeking of or taking of orders by any manufacturer or producer for the sale of bread or bakery products, meat and meat products, or milk or milk products; to the seeking or taking of orders, by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania, for insurance.
- Any person who shall engage in soliciting, as hereinabove defined.
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Borough of Clifton Heights without first registering with the Chief of the Borough Police Department.
Every person desiring to engage in soliciting or peddling in the Borough of Clifton Heights shall first register, under oath, with the Chief of Police of said Borough. Upon such application, such person shall give his name; address; his sex; his race; his age; his previous criminal record, if any; the name and address of the person for whom he works, if any; the type or types of article, device, subscription, contribution, service or contract which he desires to sell or for which he wishes to solicit within the Borough; the length of time for which he wishes to be registered; the type of vehicle he uses, if any, and its registration number. Provided, where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper. No license issued under this article shall be transferable from one person to another.
[Amended 8-15-1988 by Ord. No. 682]
No permit or license shall be issued under this article until the proper fee, as established from time to time by the Borough Council, shall be paid to the Borough Treasurer, receipt for which may be given by the Borough Treasurer or the Chief of the Police Department.
Upon registering with the Chief of the Police Department, as aforesaid, each solicitor or peddler shall be issued a license or permit and may, unless he shall have been convicted of a crime involving moral turpitude, be permitted to solicit or peddle within the Borough for the license period beginning on the date such license or permit is issued and ending on the expiration date thereof. Such permit shall not be transferable.
Every solicitor or peddler shall, at all times, while engaged in soliciting or peddling in the Borough, carry evidence of such registration upon his person and shall exhibit such evidence, upon request, to all police officers, Borough officials and citizens. No solicitor or peddler shall engage in selling or offering for sale or in seeking or taking of orders or contracts for any goods, wares, merchandise, article, device, subscription, contribution, service or contract not mentioned upon such license, nor shall any person use any vehicle for soliciting or peddling other than the vehicle registered upon his license.
No person shall engage in soliciting or peddling at any time on Sunday or on any other day of the week before 9:00 a.m. or after 5:00 p.m.
No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts, or services upon any of the streets or sidewalks of the Borough, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which members of the public are annoyed.
No person engaged in soliciting or peddling shall park any vehicle upon any of the streets or alleys of the Borough in order to sort, rearrange, or clean any of his goods, wares or merchandise, or samples, order books, contracts, circulars, literature or advertising matter pertaining thereto; nor may any such person place or deposit any refuse upon any such streets or alleys; nor may any such person maintain or keep a street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to solicit from or peddle to persons residing in the immediate vicinity.
No person engaged in soliciting or peddling shall occupy any fixed location upon any of the streets or alleys or sidewalks of the Borough for the purpose of soliciting or peddling, with or without any stand or counter.
The Chief of Police shall keep a record of all registrations made under this article, and the Chief of Police shall supervise the activities of all holders of such licenses.
Entering a private residence or place of business in the Borough of Clifton Heights by a solicitor or peddler under false pretenses for the purpose of selling or offering for sale or for soliciting orders for goods, wares, merchandise, contracts or personal services or remaining in a private residence or the premises thereof or any place of business or on the premises thereof, after the owner or occupant thereof shall have requested any solicitor or peddler to leave, or going in and upon the premises of a private residence or place of business by a solicitor or peddler for any such purposes when the owner or occupant thereof has displayed a "No Soliciting" sign on such premises is prohibited and is further declared to be a nuisance.
Notwithstanding any of the provisions hereof, or hereinbefore contained, any person, corporation, partnership or association and agents or employees who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of May 13, 1925, P.L. 644, as amended, governing solicitations for charitable, benevolent, patriotic or other purposes, or who are soliciting for any civic, religious or charitable organization, representative of any public school student, church, fire company, veterans organization or similar institution, shall be permitted, in lieu of the registration hereinbefore required, to register its solicitors and peddlers acting for and on behalf of such organization or association by the submission of the names and addresses of all persons acting for and on behalf of such organization, together with a certification by the person submitting such list that all of the persons whose names appear on such list are members of such organization and/or are acting on its behalf and are of good repute and without prior criminal record (of a crime involving moral turpitude).
Editor's Note: See now 10 P.S. § 162.1 et seq.
Permits shall be issued in numerical order; provided, however, that separate records and a separate numerical order shall be retained and maintained of such permits as are issued without payment of a permit or license fee.
Each permit shall be issued in card form, shall be carried by the person for whose benefit it is issued and shall contain the following, to wit: number of permit, fee paid, date of issue, expiration date, name, age, height, weight, color, name of employer, address and signature of holder. The reverse side of such permit shall contain any regulations then in effect and controlling the holder, as well as any conditions and/or limitations to which such permit is subject.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this article continues shall constitute a separate offense.
[Adopted 12-20-1993 by Ord. No. 741]
As used in this article, the following terms shall have the meanings indicated:
- A natural person, firm, association, corporation or partnership.
- (1) Any temporary business of selling and/or delivering of goods, merchandise or services by any person, as defined herein, whether as owner, agent, consignee, or employee, upon any street, alley, sidewalk or private ground within the Borough of Clifton Heights conducted for seasonal purposes for, or in advance of, specific yearly holidays as provided in this article.
- (2) For the purposes of this article, "seasonal sales" shall not include:
- (a) Any person, as defined herein, whether as owner, agent, consignee, or employee, who conducts a permanent business within the Borough; provided, however, that no such person shall be relieved from the provisions of this article by reason of a temporary association with any local dealer, trader, merchant or auctioneer or by conducting such a temporary or transient business in connection with or as part of or in the name of any local dealer, trader, merchant or auctioneer.
- (b) Any such person, as defined herein, who, as part of his permanent business, conducts a temporary sidewalk sale in an area immediately adjacent to or contiguous to the building where his permanent business is conducted, provided that such a sale is operated in such a manner as to comply with any other chapters of the Code of the Borough of Clifton Heights.
- (c) A person, as defined herein, exhibiting goods for sale concurrent with or as an adjunct to a group display, meeting or convention duly authorized to be held in a publicly owned building and authorized and licensed pursuant to the appropriate sections of the Code of the Borough of Clifton Heights.
- (d) A person who sells his or her own property, which was not acquired for resale, barter or exchange, who does not conduct such sales more than twice during any calendar year and who has obtained the appropriate authorization, licenses and permits pursuant to the Code of the Borough of Clifton Heights.
In this article, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.
Seasonal sales shall be limited to a period of 30 days preceding the following holiday:
Seasonal sales shall be limited to sales of flowers, plants, trees and arrangements of the same.
Seasonal sales transactions shall not be conducted from a motor vehicle or trailer parked upon any street or highway or any lot or premises within the Borough of Clifton Heights, but such motor vehicle or trailer may be used for the storage of supplies or goods to be sold.
Seasonal sales shall not be conducted at any time before 8:00 a.m. or after 10:00 p.m. on any day.
No peddler, hawker or vendor of seasonal sales shall shout or otherwise cry or advertise his wares in any manner which disturbs the peace and quiet of the neighborhood.
The total area of all signs used in connection with seasonal sales may not exceed 16 square feet, and all use of any off-premises or illuminated signs for such purposes is hereby prohibited.
The sales display area must be located in such a manner as to allow at least 12 feet of pedestrian walk between the edge of the street and the sales display area.
Any person who desires to engage in seasonal sales as defined herein shall be required to register with the Code Enforcement Officer of the Borough of Clifton Heights and to pay a registration fee of $100 per season per place of business located in the Borough of Clifton Heights.
The applicant must complete and file an application in writing, signed and verified by the applicant, under penalty of perjury, which application shall set forth:
A detailed description of the kind and character of the business to be licensed, including a detailed statement of the merchandise to be sold or for which orders are to be solicited.
The name and address of the person who owns and/or operates the business to be licensed.
A written confirmation, from the owner of the property to be used in connection with the seasonal sales, guaranteeing permission to the seller to use the property for such use.
A detailed description of the location or locations at which the business is to be operated, including a plan showing in square feet the area at the site to be devoted for the exclusive use of the applicant's customers, as well as all required parking spaces.
At least three personal references as to the applicant's character, honesty, and integrity.
At least three business references as to the quality of the merchandise and the reliability of the manufacturer, jobber or seller.
The applicant must give to the Borough a certificate of insurance providing for the minimum coverage in the amount of $100,000 to $300,000 for bodily injury and $50,000 for property damage.
The applicant must give to the Borough a one-hundred-dollar refundable escrow deposit to guarantee the cleanup and restoration of the sales site to its preuse condition, with such deposit to be returned within two working days following the completion of such cleanup. In the event that the applicant fails to complete such cleanup, the Borough may cause the same to be done and apply the escrow deposit to the cost thereof, as well as collect any additional cost, together with a penalty of 10% of such cost, in the manner provided by law for the collection of municipal claims or by action of assumpsit, without the filing of a municipal claim, with both the seasonal seller and the property owner held to be jointly and severally liable for such costs.
The Code Enforcement Officer shall refer all such applications to the Chief of Police of the Borough of Clifton Heights for a determination as to whether the proposed seasonal business operation would constitute a traffic safety hazard because of any increased parking or highway traffic congestion it is likely to create.
It shall be permissible for nonprofit and charitable organizations, upon prior notification to the Department of Code Enforcement and upon compliance with the other provisions of this article, to engage in seasonal sales as defined herein and be exempt from the registration fee prescribed in § 244-19.
Upon receipt of such application and the prescribed fee, the Code Enforcement Officer, if he shall find such application in order, shall issue the license required under this article, but no such license shall be issued if:
In the event that it is determined that any of the information supplied by the applicant has been falsified, or if in the event that the application violates any other provision of this article while operating his seasonal sales business, the Code Enforcement Officer shall revoke the previously issued license. In case of any such revocation, the Code Enforcement Officer shall notify the applicant in writing.
Every license holder shall display such license at the location or locations where he shall engage in such business and shall exhibit such license upon request to all police officers, Borough officials and citizens of the Borough and customers.
If aggrieved by the Code Enforcement Officer's refusal to issue and license the applicant or the Code Enforcement Officer's subsequent revocation of such license, the applicant may appeal, in writing, to the Borough Council of the Borough of Clifton Heights within 10 days after such refusal or revocation or 30 days after filing his application, whichever is sooner; and the Borough Council shall thereupon afford them an opportunity for hearing, after which hearing the Borough Council may sustain the Code Enforcement Officer's refusal or revocation or direct the Code Enforcement Officer to issue a license.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof by any Magisterial District Judge, be sentenced to pay a fine of not less than $100 nor more than $600, together with the costs of prosecution, and each day a violation exists shall constitute a separate offense. Where there are multiple locations being operated under a single license and the same violation occurs at each location, then each violation shall constitute a separate offense. In default of the payment of the fine, the defendant shall be sentenced to jail for a period not exceeding 30 days.