[Adopted 1-11-1983 by Ord. No. 824 (Ch. 13, Part 4, of the
1989 Code)]
It shall be unlawful for any solicitor or canvasser representing
a nonprofit organization, as defined in § 220-43, to engage
in any soliciting or canvassing for any purpose within the Borough
limits of the Borough of Wilmerding without first obtaining a permit
and license therefor in compliance with the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
Any corporation, community chest, fund or foundation, individual
person, unincorporated associations, partnerships or the like organized
and operated exclusively for religious, charitable, scientific, public
safety, literary or educational purposes, or to foster national or
international amateur sports competition, or for the prevention of
cruelty to children or animals, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, and
which has been officially recognized as a nonprofit organization by
either the Commonwealth of Pennsylvania or the United States Internal
Revenue Service.
A.
Applicants for permit and license under this article must file with
the Borough Secretary a sworn application in writing on a form to
be furnished by the Borough Secretary which shall give the following
information:
(1)
Full name of organization;
(2)
Permanent address of organization and full local address of the individual
applicant;
(3)
A brief description of the activities engaged in by the organization;
(4)
A brief description of the nature of the canvassing and/or soliciting
program intended to be conducted within the Borough limits;
(5)
The length of time expected to conduct the canvassing and/or soliciting
program for the organization; and
(6)
The names and addresses of the individual who will be conducting
the canvassing and/or soliciting program for the organization.
B.
Applicants for a permit and license shall also provide the Borough
Secretary with a copy of any articles of incorporation, decree of
court or other organizational and operational document, and a copy
of the Commonwealth of Pennsylvania or Internal Revenue Service nonprofit
organization tax exemption document.
C.
At the time of the filing of this application, a fee of $10 shall
be paid to the Borough Secretary to cover the cost of investigation
of the facts stated in the application for permit and license.
A.
Upon receipt of the application for permit and license, the original
copy shall be referred to the Chief of Police, who shall cause an
investigation of the applicant's organization and named individual's
reputation and moral character to be made as he deems necessary for
the protection of the public good.
B.
If as a result of such investigation the applicant organization's
reputation and the moral character of those individuals named in the
application are found to be unsatisfactory, the Chief of Police shall
endorse on such application his disapproval and the reasons for the
same and return the application to the Mayor of the Borough, who shall
have final authority to approve or disapprove said application and
who shall notify the applicant that the application is disapproved
and no permit and license will be issued if such decision is made.
C.
If as a result of such investigation the reputation of the applicant
organization and the moral character of the individuals named in the
application are found to be satisfactory, the Chief of Police shall
endorse on the application his approval and forward such application
to the Mayor of the Borough, who shall have the final authority to
finally approve the application and, if such approval is given, execute
a permit and license addressed to the applicant organization for carrying
on the canvassing and/or soliciting applied for upon the payment of
the prescribed fee. Such permit and license shall contain the signature
of the issuing officer and shall show the name and address of the
licensee, the amount of the fee paid, the date of issuance, and the
length the same shall be operative. The Mayor of the Borough shall
keep a permanent record of all licenses issued.
A.
The license fees which shall be charged by the Borough for such permit
and license shall be $5 per day, $20 per week, $75 per month, or $850
per year.
B.
None of the license fees provided for by this article shall be so
applied as to occasion an undue financial burden upon the licensee
nonprofit organization. In any case where a license fee is believed
by a licensee or applicant for license to place an undue financial
burden upon the nonprofit organization, it may apply to the Borough
Council for an adjustment of the fee so that it shall not be discriminatory,
unreasonable or unfair to the nonprofit organization. Such application
may be made before, at or within six months after payment of the prescribed
license fee. The applicant shall, by affidavit and supporting testimony,
show that the nature of the nonprofit organization is such that any
license fee would create an undue financial burden on that organization
and such other information as the Council may find relevant in order
to determine the extent, if any, of the undue financial burden on
the nonprofit organization. The Borough Council shall then conduct
an investigation and shall make findings of fact from which it shall
determine whether the fee fixed by this article is unfair, unreasonable
or discriminatory as to the applicant nonprofit organization and shall
fix as a license fee for the applicant an amount that it deems fair,
reasonable and nondiscriminatory or, if the fee has already been paid,
shall order a refund of the amount above and over the fee so fixed.
In fixing the fee to be charged, the Borough Council shall have the
power to base the fee on other fees assessed on nonprofit organizations
of like nature in the Borough of Wilmerding or other municipalities
within the Commonwealth of Pennsylvania.
Any nonprofit organization soliciting or canvassing within the
Borough limits is required to exhibit its license at the request of
any citizen.
Any nonprofit organizations licensed under this article shall
be limited to any canvassing and/or soliciting activities within the
Borough limits and shall be limited to such activities between the
hours of 9:00 a.m. and 9:00 p.m. on any weekday.
Any nonprofit organization licensed to canvass and/or solicit
under this article shall report to the Police Department of the Borough
of Wilmerding the schedule of its canvassing and/or soliciting activities,
and such report shall be made to the Police Department at least one
week prior to the beginning of the scheduled activity.
A.
Permits and licenses issued under the provisions of this article
shall be revoked by the Borough Council of Wilmerding, after notice
and hearing, for any of the following reasons:
(1)
Fraud, misrepresentation or false statement contained in the application
for license;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying out any canvassing and/or soliciting activities;
(3)
Any violation of this article; or
(4)
Conducting the business of canvassing and/or soliciting in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, by regular
mail, postage prepaid, to the licensee at its last known address at
least five days prior to the date set for hearing.
Any person or organization aggrieved by the action of the Chief
of Police or Mayor of the Borough in the denial of permit or license
as provided in § 220-45 or the action of the Borough Council
in the assessing of the fee as provided in § 220-46 shall
have the right to appeal to the Council of the Borough of Wilmerding.
Such appeal shall be taken by filing with the Council, within 14 days
after notice of the action complained of has been mailed to such person's
or organization's last known address, a written statement setting
forth fully the grounds for the appeal. The Council shall set a time
and a place for a hearing on such appeal, and notice of such hearing
shall be given to the appellant in the same manner as provided in
§ 220-50 for notice of hearing on revocation. The decision
and order of the Council on such appeal shall be final and conclusive.
All annual licenses issued under the provisions of this article
shall expire on the 31st of December in the year when issued. Licenses
other than annual shall expire on the date specified in the license.
[Amended 11-14-1989 by Ord. No. 899]
Any person, firm or corporation who shall violate any provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
