[HISTORY: Adopted by the Borough Council
of the Borough of Churchill 4-9-2018 by Ord. No. 743.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 264.
[1]
Editor’s Note: This ordinance also repealed former Ch.
232, Peddling and Soliciting, adopted 9-11-1984 by Ord. No. 597, as
amended.
When used in this chapter, the following terms shall have the
following meanings:
The practice of going in and upon private residences in the
Borough of Churchill soliciting or attempting to take orders from
individuals for the sale of goods, wares or merchandise, including
magazines, books, periodicals or personal property of any nature whatsoever,
for future delivery or for service to be performed at that time or
in the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such order or whether or not he
or she is collecting advance payment on such orders; attempting to
gather data, conduct surveys or take polls on behalf of a for-profit
or commercial entity or for the purpose of generating a profit; or
distributing handbills, flyers, pamphlets or information advertising
a commercial event or service.
The practice of going in and upon private residences in the
Borough of Churchill soliciting funds or contributions for a political,
religious, civic or charitable purpose; distributing handbills, flyers,
pamphlets or information of a political, religious, civic or charitable
nature; or conducting or attempting to gather data, conduct surveys
or take polls for research purposes on behalf of an agency of the
state or federal government, or for a political, religious, civic
or charitable purpose.
A.
Before engaging in commercial solicitation under this chapter, each
individual solicitor shall hold a valid registration issued by the
Police Department of the Borough of Churchill identifying himself
or herself and his or her organization. Anyone seeking to register
as a commercial solicitor under this chapter shall complete a registration
form and shall submit the following information:
(1)
Name and photo ID of applicant;
(2)
Permanent home address and full local address of applicant;
(3)
Brief description of the nature of the business and, if applicable,
the nature of the goods to be sold;
(4)
If employed, the name and address of the employer and proof of employment;
(5)
Length of time for which the registration is requested, not to exceed
45 days;
(6)
Place where the goods or property proposed to be sold or orders taken
for the sale thereof are manufactured or produced, where such goods
or products are located at the time said application is filed and
the proposed method of delivery, if applicable;
(7)
Identification of vehicle or vehicles to be used including year,
make, model, color, license plate number and name of registered owner;
(8)
The number of assistants to be used by the applicant and a complete
application filled out for each assistant;
(9)
A statement as to whether or not the applicant has been convicted
of any crime, any misdemeanor or any violation of this chapter, the
nature of the offense and the punishment or penalty assessed therefor;
and
B.
The Chief of Police or his designee shall issue each commercial solicitor
an identification card upon completion of the registration requirements.
Such card shall be displayed at all times while commercial solicitation
is conducted within the Borough of Churchill.
C.
Any applicant intending to engage in commercial solicitation shall
pay, at the time of the initial application, an application fee of
$50 to cover the Borough of Churchill's expenses to investigate
and process the application.
D.
Registrations shall be valid for not more than 45 days from the date
of issuance. The expiration date shall be set forth on all registrations.
Renewal of an expired registration shall require submittal of all
information required for initial registration, along with a $25 fee
to cover the Borough of Churchill's expenses to investigate and
process the application.
E.
An application for registration may be denied, or a previously-issued
registration may be revoked, by the Chief of Police for any of the
following reasons:
(1)
Fraud, misrepresentation, or false statement contained in the application
for registration;
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a commercial solicitor;
(3)
Any violation of this chapter;
(4)
Conviction of any crime involving moral turpitude; or
(5)
Conducting his business 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 general public.
F.
Every applicant for registration as a commercial solicitor or assistant
shall obtain a criminal history record background check from the Pennsylvania
State Police, dated no earlier than one year prior to the date of
application, and submit this background check with his or her application.
The applicant shall be responsible for any cost related to obtaining
background checks. The Chief of Police shall deny the application
for registration if the applicant has:
(1)
Committed any act consisting of fraud or misrepresentation;
(2)
Committed any act which, if committed by a commercial solicitor,
would be grounds for revocation of a registration;
(3)
Within the previous 10 years, been convicted of a felony directly
relating to his or her fitness to engage in the conduct of a commercial
solicitor, and including, but not limited to, those felonies involving
moral turpitude, fraud or misrepresentation;
(4)
Been charged with a felony of the type defined in Subsection F(3) of this section, and disposition of that charge is pending;
(5)
Been refused registration under the provisions of this chapter; provided,
however, that any applicant denied a registration under the provisions
of this chapter may reapply if and when the reasons for denial no
longer exist; or
(6)
Made any false or misleading statements in the application.
Any individual engaged in either commercial solicitation or
noncommercial solicitation within the Borough of Churchill shall be
subject to the following terms and conditions, of which any failure
to comply shall be a violation of this chapter:
A.
No commercial solicitation or noncommercial solicitation shall be
conducted in the Borough of Churchill except during the hours of 8:00
a.m. to 8:00 p.m., prevailing time.
B.
The Borough Police Department shall be responsible for compiling
and maintaining a list of property owners and residents who notify
the Police Department that they do not wish to be solicited. This
no-soliciting list shall also be posted on the Borough website. No
commercial or noncommercial solicitor may go in or upon any address
listed on the no-soliciting list. At the time of registration with
the Borough of Churchill Police Department, commercial solicitors
shall be given a copy of the no-soliciting list.
No person shall be permitted to solicit upon property posted
with a plainly visible and legible sign stating "No Solicitors," "No
Peddlers," "No Canvassers," or "No Soliciting, Peddling or Canvassing,"
or any equivalent language which would inform a solicitor, canvasser
or transient merchant that solicitation is not desired. This section
shall apply to all persons, including but not limited to commercial
solicitors and noncommercial solicitors.
The provisions of this chapter shall not be applicable to children
under 18 years of age who solicit donations or who sell, take orders
for or deliver coupons, periodicals, greeting cards, candy, bakery
products or similar items on behalf of youth groups or organizations
benefitting youth. Such organizations shall include, but are not limited
to, scout groups, sports teams, extracurricular activities, extracurricular
clubs, and booster clubs.
Any person violating the provisions of this chapter shall be
fined not more than $600 for each offense (each call at a separate
residence being interpreted as an offense), plus costs and attorneys'
fees, the same to be collected as other fines are collected by law.
Any person aggrieved by the denial or revocation of a registration
provided hereunder shall have the right to appeal to Borough Council
by filing a Notice of Appeal within 14 days of the action complained
of. Borough Council shall set a time for such hearing and shall provide
written notice to the appellant at least seven days prior to the hearing.
