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Borough of Hamburg, PA
Berks County
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Table of Contents
Table of Contents
[Ord. 680, 12/28/1998]
CHARITABLE ORGANIZATION 
Any person, firm, group, partnership, corporation or association whose avowed purpose and object is to benefit, assist, aid and further the following causes:
(1) 
Philanthropy.
(2) 
Assistance to persons who are poor, impoverished, destitute, underprivileged, needy, diseased, injured, crippled, disabled, handicapped or in need of physical or mental rehabilitation.
(3) 
Churches, religious societies or other religious sects, groups or orders espousing spiritual and altruistic motives or conduct.
(4) 
The teaching of patriotism or promoting relief and assistance to this nation's war veterans.
(5) 
Beneficial education of the mind or assistance to educational institutions.
(6) 
The protection, shelter and sustenance of animals.
CHARITABLE SOLICITATION
Seeking money donations, pledges thereof or anything of value to benefit, assist, aid and further the cause of a charitable organization, either orally or by literature distribution.
LITERATURE
Books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines, or any other written or printed material.
[Ord. 680, 12/28/1998]
It shall be unlawful for any charitable organization to solicit funds, as defined in § 301 of this Part, within the limits of the Borough, without first applying for and obtaining a permit therefor and wearing at all times an identification card as provided herein.
[Ord. 680, 12/28/1998]
1. 
A sworn application in writing for a permit under this Part must be filed in duplicate with the Borough Secretary at least three days in advance of the first day sought for solicitation on a form to be furnished by the Borough and shall state:
A. 
The full name and address (legal and local) of the person or organization sponsoring, conducting or promoting the fund drive.
B. 
Whether or not the applicant is a branch or division of a national organization, and if so the name thereof and the mailing and street address of same.
C. 
The purpose or object of the charitable solicitation.
D. 
The dates of the solicitation.
E. 
The number of persons to participate in the solicitation and the true legal name and address of each and the sex, height, color of hair and eyes of each.
F. 
Statement as to whether any person who will participate in the solicitation has ever been convicted of engaging in a fraudulent transaction or enterprise, a felony or other criminal offense involving moral turpitude.
2. 
No fee shall be required for the filing of the application.
[Ord. 680, 12/28/1998]
The application shall be registered in a book called the Registry Book. The application shall be granted and the permit issued within 48 hours after the application has been filed unless, upon investigation by the Borough Secretary, one or more of the following facts are found to exist:
A. 
That one or more of the statements in the application is not true.
B. 
That the applicant or any agent or representative of the applicant who will participate under the permit has been convicted of engaging in a fraudulent transaction or enterprise, a felony or other criminal offense involving moral turpitude, in which case the permit shall be denied to the applicant or to the agent or representative so convicted.
C. 
When the applicant or any agent or representative of the applicant who will participate under the permit has previously violated any of the terms and provisions of this Part or any prior permit issued thereunder.
[Ord. 680, 12/28/1998]
Any permit granted hereunder may be cancelled after issuance if any of the reasons for prior refusal should be discovered or become apparent during the solicitation period.
[Ord. 680, 12/28/1998]
Within 10 days after notice of the action has been mailed and hand delivered, the applicant shall notify the Borough Secretary in writing of his intent to contest said action. Within 30 days after receipt of said notice to contest, the Borough Council shall hold a hearing on the appeal petition and render a decision or may institute a proceeding for temporary, preliminary and permanent injunction to restrain the denied solicitation in a court of competent jurisdiction, which action shall be governed by the applicable rules of procedure and the time limits thereunder.
[Ord. 680, 12/28/1998]
Upon issuance of a permit, the Borough Secretary shall note his/her approval in the Registry Book and shall, at the point, issue to the applicant or any agent or representative of the applicant who will participate under the permit, an identification card, which card shall state the applicant's name, address, sex, height, color of hair and eyes and full name of the charitable organization which he or she represents.
[Ord. 680, 12/28/1998]
When permits for charitable solicitation are granted, the following rules and standards shall apply:
A. 
Location. Such permits shall be restricted to public areas of the Borough and shall not be construed as permission by any private property owner to conduct said activity on private premises.
B. 
Time. Permit holders shall be restricted to the hours of 9:00 a.m. to 9:00 p.m. on the days of operation.
C. 
Manner of Operation.
(1) 
Each person included in a permit shall wear the identification card issued by the Borough on the upper clothing and in a manner clearly visible to the public. It shall not be transferred to another person and must be returned to the Borough Secretary at the expiration of the permit.
(2) 
Each person included in a permit shall not initiate any physical contact with prospective donors unless said donor has either consented to such contact or agreed to make a contribution.
(3) 
Permittees are at all times subject to all laws, statutes, and ordinances, Federal, State or local, regarding fraud, assault, battery, theft, littering and any other law relating to the conduct of persons in public places.
[Ord. 680, 12/28/1998]
A permit shall expire after 30 days from the date of issuance. A permit may be renewed for successive thirty day intervals if written request for the same is received by the Borough Secretary within the period of 10 days prior to the expiration date and the request for renewal contains a statement that the request is predicated on the same information as contained in the original application.
[Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision of this Part 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 imprisonment for a term not to exceed 30 days.