[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 295.
[Adopted in 1956 by Ord.
No. 394 (Ch. 13, Part 1, of the 1988 Code of Ordinances)]
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
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.
B.
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]
A.
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,[1] 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).
[1]
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]
A.
PERSON
SEASONAL SALES
(1)
(2)
(a)
(b)
(c)
(d)
As used in this article, the following terms shall have the meanings
indicated:
A natural person, firm, association, corporation or partnership.
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.
For the purposes of this article, "seasonal sales" shall not
include:
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.
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.
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.
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.
B.
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.
B.
Seasonal sales shall be limited to a period of 30 days preceding
the following holiday:
(1)
Christmas.
C.
Seasonal sales shall be limited to sales of flowers, plants, trees
and arrangements of the same.
D.
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.
E.
Seasonal sales shall not be conducted at any time before 8:00 a.m.
or after 10:00 p.m. on any day.
F.
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.
G.
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.
H.
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.
A.
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:
(1)
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.
(2)
The name and address of the person who owns and/or operates the business
to be licensed.
(3)
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.
(4)
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.
(5)
At least three personal references as to the applicant's character,
honesty, and integrity.
(6)
At least three business references as to the quality of the merchandise
and the reliability of the manufacturer, jobber or seller.
B.
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.
C.
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.
D.
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.
A.
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:
B.
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.
C.
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.
D.
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.
