[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi 12-14-2022 by Ord. No. 1043.[1] Amendments noted where applicable.]
[1]
editor's Note: This ordinance also superseded former Ch. 249,
Peddling and Soliciting, adopted 9-13-1973 by Ord. No. 802; readopted 10-8-1991 by Ord. No.
873 as Ch. 79 of the 1991 Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person engaging in peddling within the Borough.
Engaging in selling any goods, wares or merchandise for immediate
delivery, upon any of the streets or sidewalks, or from house to house,
within the Borough.
Any person, natural person, association, firm, partnership,
corporation, syndicate, organization, institution, agency, authority,
or other entity recognized by law as the subject of rights and duties.
The singular shall include the plural, and the masculine shall include
the feminine, other genders and the neuter.
Any peddler, solicitor, hawker, or transient person or retail
merchant, engaging in photography or videography or the taking of
orders for photograph sessions within the Borough.
The taking of orders for goods, wares or merchandise, including
but not limited to subscriptions for magazines or other printed matter,
and the obtaining of contracts for home and building devices, repairs
and improvements, and other services, upon any of the streets or sidewalks,
or from house to house, within the Borough, by any person without
a permanent place of business in the Borough.
Any person engaging in soliciting and hawking within the
Borough.
A license issued to any person, firm or corporation, as principal
or agent, or both, which engages in, does or transacts any temporary
or transient business in this Borough for six months or less, either
in one locality or in traveling from place to place in this Borough,
offering for sale or selling goods, wares, merchandise, food or beverages,
and including those who, for the purpose of carrying on such business,
hire, lease, use or occupy any permanent or mobile building, structure,
motor vehicle including trucks, or real estate for the exhibition
by means of samples, catalogues, photographs and price lists or sale
of such goods, wares or merchandise.
No person shall sell or offer for sale, order or exchange, or
go from door to door soliciting the purchase of, or gift of any products,
wares, merchandise, retail food, or other articles of value or any
money, or any services, in any place, in, upon, along or through the
streets, alleys or other public places within the Borough, unless
he is the holder of a license which is in full force and effect issued
pursuant to provisions of this chapter. Such person shall at all times
have the license with him while exercising such calling, and shall
exhibit the license at all times in plain view, and present it to
any Borough officer, official or resident upon demand.
This section shall not apply to any person engaged in the sale
and distribution of items as and at a farmers market food vendor;
children under the age of 18 years who take orders and deliver fundraising
items; fundraisers that directly support a charity, school, child-based
club, or organization; newspaper carriers along their regular delivery
routes; or any Borough business that already engages in retail sales
in the Borough and pays mercantile or business privilege taxes.
A.Â
Requirements:
(1)Â
Any person who desires to engage in the business of a peddler, solicitor,
or transient vendor shall make application in person for a license
with the Borough Manager, his designee, or Code Enforcement Officer
upon a form provided when presenting proper, valid ID. The Borough
reserves the right to request the Police Department to make such investigation,
when required, into the character of the applicant and the business
to be conducted as he deems necessary to protect the interest of the
Borough residents, and may require that character references, photographs
and fingerprints be submitted.
(2)Â
The peddlers, soliciting or transient sales license does not replace
or supersede any other license required by the local, state, or federal
authorities.
(3)Â
Proof of a retail sales and use tax is required from all applicants.
B.Â
Restrictions:
(1)Â
No person shall engage in peddling, soliciting or hawking and no
person shall act as a transient vendor or photographer in the Borough
without first having obtained a license form the Borough. No such
license shall be issued until all requirements are met and applicable
fees paid in full.
(2)Â
It shall be unlawful for any person who shall have obtained a license
under this section to continue to engage in peddling, soliciting or
hawking, or to act as a transient vendor, or photographer, as the
case may be, after the expiration of such license, without first having
obtained an extended or new license and having paid the prescribed
fee therefor, depending upon the period of time for which such license
shall be desired.
C.Â
Process:
(1)Â
Any persons seeking to peddle, solicit, hawk, or participate as a
transient vendor shall first submit an application to the Borough
and pay a nonrefundable processing fee as set from time to time by
resolution of Borough Council along with any and all required licensing
fees as set from time to time by resolution of Borough Council.
(2)Â
Applicants shall allow up to 10 business days to process all applications.
Once a decision is rendered, the application will be contacted and,
if approved, the applicant can pick up the license at the Borough
Building. No applicant may engage in any of the activities described
here within until the license is in hand.
(3)Â
The Borough of Charleroi reserves the right to reject any and all
applications at any time for any reason. If the license is not approved,
any amount paid minus the nonrefundable processing fee will be sent
to the applicant within 21 days.
D.Â
The Borough Manager, or his designee, may issue a license for transient
sales on site the day of an event, festival, or gathering and at his
discretion; a person may be exempt if the total of all merchandise
offered for sales for a single day is less than $100 gross.
A.Â
No person, whether licensed or not, shall engage in any door to door
for profit solicitation before the hour of 9:00 a.m. or after the
hour of 6:00 p.m. nor on Sundays or on any legal holiday. All other
types of sales will restrict the hours of operations from 9:00 p.m.
to dusk on any day.
B.Â
No licensed peddler or solicitor shall engage in or transact any
type of business or solicitation other than that specified on the
license application.
A.Â
The Borough Manager, his designee, or Police Chief may suspend or
revoke any peddler's, solicitor's, or transient sale's
license for violation of any Borough ordinance, false or incorrect
information submitted on the license application or for any fraud,
or if the sales create any danger or nuisances to any Borough resident,
business, or visitor of the Borough, or if the sales create any traffic
congestion, or misrepresentation made in the solicitation or sale.
Such person whose license is suspended above may not apply for a new
license thereafter until one complete calendar year after such revocation
or license suspension.
B.Â
Any business, person, or entity that is required to obtain a license
and fails to do so shall cease all sales immediately and is in violation
of this chapter.
C.Â
If any person, business, or entity fails to stop selling or soliciting
after instructed to do so by an officer of the City, may be ticketed
and cited for each additional item sold or solicitation made as a
separate offense.
A.Â
Any person who violates any of the provisions of this chapter, and any owner of property who permits violation by his contractor, employees or agents shall be guilty of a violation of this chapter and punished as provided in Chapter 1, Article II, Enforcement; General Penalty, in addition to municipal ticketing. Each day that a violation continues beyond the date fixed for compliance shall constitute a separate offense; in addition, each additional item sold or solicitation made shall also each constitute a separate offense.
B.Â
Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this chapter, and any person who violates any of the provisions of this chapter, and any owner of property who permits violation by his contractor, employees or agents shall be guilty of a violation of this chapter and punished as provided in Chapter 1, Article II, Enforcement; General Penalty, in addition to municipal ticketing.
C.Â
Nothing herein shall limit, prevent or preclude the Municipality
from taking any and all legal action or exercising any other remedy
available to the Municipality by law, including but not limited to,
the initiation of civil or criminal proceedings or injunction relief
in order to enforce or ensure compliance with this chapter. As an
additional remedy, the Municipality may abate any nuisance, dangerous
or hazardous condition by any means permitted by law, which shall
include, but no limited to, an action in the Court of the Common Pleas
of Washington County, Pennsylvania, for injunctive relief; the use
of any Municipal personnel, equipment and materials or that of an
authorized agent or contraction hired by the Municipality to remove
or abate any nuisance, dangerous or hazardous condition, and with
all costs thereof or related thereto to be charged against the property
owner(s) and/or person who has violated the article or portion thereof;
said costs shall include all actual costs and expenses, including
all costs of collection and reasonable administrative costs of the
Municipality, incurred in enforcing the provisions of the article.
D.Â
In addition to and not in lieu of the foregoing, the Municipality
may seek equitable and legal relief to compel compliance with this
chapter.
The Borough Manager, or his designee, and the Code Enforcement
Officer are hereby empowered to make reasonable rules and regulations
for the operation and enforcement of this chapter, including but not
limited to: establishing the form of applications, establishing acceptable
forms of security or guarantees, inspector certifications, acknowledgments
and certifications, and licensing.
All relevant ordinances, regulations, and policies of the Borough
of Charleroi, Pennsylvania, not amended shall remain in full force
and effect.
A.Â
If any section, clause, provision or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
minus the invalid portion.
B.Â
The Borough reserves the right to amend this chapter or any portion
thereof from time to time as it shall deem advisable in the best interests
of the promotion of the purposes and intent of this chapter and the
effective administration thereof.
C.Â
The Borough reserves the right to amend this chapter, fee schedule,
or any portion thereof from time to time by resolution or ordinance.
Nothing in this chapter shall limit in any fashion whatsoever
the Borough's right to enforce its ordinances or laws of the
Commonwealth. Nothing in this chapter shall be a defense to any citation,
ticket, or other charges issued by any municipal corporation or the
Commonwealth pursuant to any law or ordinance.
This chapter shall be effective immediately upon enactment or
as soon thereafter as the applicable laws of the Commonwealth of Pennsylvania
allow.
