[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park as Ch. 35 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 151.
[Amended 5-21-2014 by Ord. No. 3-2014]
It shall be unlawful for any person, partnership, firm or corporation not exempted by § 154-8 hereof, who is not the holder of a valid and unexpired license issued pursuant to this chapter, to engage in selling or soliciting the sale or purchase, by use of sample or otherwise, of food, printed matter, services, goods, wares or merchandise of any description or to engage in soliciting contributions, gifts, pledges of money by visitation to private homes or residences or on the public streets or highways of the Borough of Ridley Park.
All such persons, whether operating as pedestrians or by motor
vehicle, selling or offering for sale the products hereinabove set
forth shall be required to pay a license fee, covering the period
of proposed operation, of $1 per day per person or $5 per week per
person or $20 per month per person or $75 per year per person. All
fees herein required shall be collected by the Borough Secretary and
paid into the Borough treasury.
[Amended 5-21-2014 by Ord. No. 3-2014]
A.
Any person not exempted by § 154-8 hereof, desiring to obtain a license to engaging the activities described in § 154-1, shall make application therefor, in person to the Borough Manager on a form provided, which form shall be transmitted to the Borough Police Department and approved by the Chief of Police and/or his/her designee.
B.
The application shall supply, over his/her signature, the following
information:
(1)
His/her true name;
(2)
His/her palace and date of birth and social security number;
(3)
His/her address and telephone number;
(4)
The address at which he/she will receive notices under this chapter;
(5)
The name and address of his/her employer or principal and telephone
number, if any, and the nature of the business activity thereof, with
federal EIN number;
(6)
The nature of the business or activity in which the applicant wishes
to engage with in the Borough;
(7)
List of any other current or expired soliciting permits within the
last 24 months from the Borough or any other entity;
(8)
A true statement as to whether the applicant has been convicted in
any jurisdiction of any crime other than of minor traffic violations
and if so, what crime or crimes. The Borough shall not issue a peddling
or solicitation licensee to any application convicted of a felony
or misdemeanor who is still under court-ordered supervision of any
kind as a result of said convictions(s).
C.
The applicant shall, together with his/her application, submit a copy of his/her photo identification, all to be recorded by the Borough Police Department, and shall pay a fee(s) as set forth in § 154-2, to defray the costs of administering this chapter. The fee(s) shall be submitted together with the application to the Borough Manager.
D.
Upon submission of said application and supporting evidence of identification and the payment of a fee as aforesaid, there shall be issued to the application a license in the form of a card, which shall, unless revoked, entitle the license to engaging in the activities described in § 154-1 therefor for a period of six months from the date of issuance. A license shall be issued or denied within three business days from the date the application is submitted and the fee(s) paid.
[Amended 5-21-2014 by Ord. No. 3-2014]
Every person to whom a license has been issued hereunder shall,
in the carrying on of his/her business or activities in the Borough,
comply with the following rules of conduct:
A.
He/she shall carry his/her license card at all times and exhibit
it upon request of any police officer or any person upon whom he/she
shall talk in carrying on his/her licensed activities.
B.
He/she shall not permit any other person to have possession of his/her
license card and shall immediately report its loss to the Borough
Police Department. He/she shall not cause or permit his/her license
card to be altered or defaced.
C.
He/she shall not enter or attempt to enter any dwelling house without
invitation or permission of the occupant and shall immediately leave
any premises upon request.
D.
He/she shall not represent his/her license card to be an endorsement
of himself/herself or his/her goods or services or the goods or services
of his/her principal employer or the Borough.
E.
He/she shall immediately surrender his/her license card upon revocation
of his/her license as hereinafter provided.
F.
He/she shall peddle, solicit or distribute merchandise or materials
only between the hours of 10:00 a.m. and 7:00 p.m., Monday through
Saturday, specifically having been invited to a house by the occupant
or having made an appointment with such person previously; provided,
however, that ice cream trucks, peddlers engaging in similar activity
shall be permitted to operate until dusk, which, for purposes of this
subsection, is hereby defined as occurring 1/2 hour after sunset.
G.
Every person licensed to solicitor or peddle in the Borough shall
report in person on those days on which he/she intends to solicitor
or peddling and register with the Police Department by signing a registration
book, indication his/her name, license number and names and license
numbers of all licensed helpers.
H.
He/she shall comply with "No Soliciting" notices on any property
or business in the Borough.
I.
In an effort to ensure pedestrian safety and maintain the efficient flow of traffic, no person, firm or corporation required to be licensed under § 154-1 shall distribute, including but not limited to, flyers, pamphlets or other written material or solicit funds on any roadway, medial barrier, berm, shoulder, or traffic way within the Borough.
[Amended 5-21-2014 by Ord. No. 3-2014]
Nothing may be licensed by fee under this chapter which is prohibited by state law or other Borough ordinances, but every such person must have a license and fulfill the remaining requirements of this chapter even though he may not be required to pay a fee in the certain instances as described in § 154-8. The mere possession of a license does not permit the holder to create or maintain a nuisance or violate any Borough ordinance or law of the Commonwealth of Pennsylvania. All licenses shall expire within six months of the date of their issuance.
[Amended 10-21-2003 by Ord. No. 1131]
Every licensee shall carry his license with him at all times
while engaged in the activity permitted by the license issued to him
under this chapter and shall exhibit the same upon request. Every
licensee shall report to the Chief of Police within 48 hours any change
of residence of said licensee or change in ownership of any motor
vehicle.
Nothing herein contained shall be construed to permit any licensee
hereunder to keep or maintain a curb stand or street market on any
street or alley of the Borough of Ridley Park any longer than is necessary
to sell therefrom to persons resident within the immediate vicinity
thereof, nor shall any licensee deposit or cause to be deposited any
refuse upon any such street or alley.
[Amended 5-21-2014 by Ord. No. 3-2014]
The following persons are exempt from the licensing requirements
of this chapter:
A.
Persons soliciting contributions on behalf of organizations or nonprofit
corporations or political entity for purposes of political canvassing
exempted from the provisions of or duly registered pursuant to 10
P.S. § 162.1 et seq., as amended, who, while soliciting,
are possessed of a card or other written evidence of their appointment
or authority to solicit for said organization or corporation or political
entity, including organized and recognized religious organizations
and groups.
B.
Persons who have been licensed by the Commonwealth of Pennsylvania to engaging in activity described in § 154-1 hereof, when so engaged; including, without limitation, real estate, insurance or securities brokers and salespeople.
C.
Persons soliciting funds or canvassing for purpose permitted under
the Act of 1937, June 3, P.L. 113 (25 P.S. § 2601 et seq.),
as amended.
D.
Authorized persons, carrying satisfactory identification, engaged
in making surveys or collecting information for the federal, state,
county or Borough of Ridley Park government or any agency thereof.
Also exempt shall be authorized persons carrying satisfactory identification,
engaged in making surveys or collecting information for any bona fide
educational or quasi-governmental agency, if such activity has previously
been approved by Borough Council.
E.
The collection of or sale of any foods, goods, wares or merchandise
donated by owners thereof, the proceeds of which are to be applied
to any charitable or philanthropic purposes.
[Amended 10-21-2003 by Ord. No. 1131]
Food products offered for sale by any licensee shall be subject
to inspection by the Health Officer of the Borough of Ridley Park
or his authorized assistants. In the event that the Health Officer
determines that the sale of such products would be injurious to the
health and safety of the residents of the Borough of Ridley Park or
is contrary to the provisions of any ordinance or health regulation
of the Borough of Ridley Park or the laws of the Commonwealth of Pennsylvania,
then in such event said licensee shall herein be prohibited from selling
such products.
No licensee under this chapter shall hawk or cry his wares upon
any of the streets or sidewalks of this Borough, nor shall be use
any loudspeaker, bell, siren, horn, music-playing machine or other
noisemaking device.
[Added 5-21-2014 by Ord.
No. 3-2014[1]]
A.
The Chief of Police or his/her designee may immediately suspend any
license for just cause or in the interest of public safety.
B.
Any license hereafter issued may be revoked by Borough Council upon the failure of licensee to comply with the rules of conduct established by § 154-4 hereof, or upon ascertainment that the licensee has made any false statements in his/her application for license hereunder.
C.
Any person whose license has been revoked shall be entitled to appear,
with counsel, if he/she so desires, before Borough Council at a regular
or special meeting and be heard on behalf of a request for reinstatement
of his/her licenses.
[Amended 10-21-2003 by Ord. No. 1131; 5-21-2014 by Ord. No. 3-2014]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof before a Magisterial District Justice, be
subject to a penalty or fine of not more than $600, plus costs of
prosecution, and, in default of payment of such fine and costs, to
imprisonment in the county jail for a term not exceeding 30 days,
for each such violation. Every act or day of continuance of said offense
shall be deemed a separate offense.
[Added 5-21-2014 by Ord.
No. 3-2014]
If any paragraphs, subparagraphs, sentence, clause, phrase,
or any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, or of any provision of any part
of this chapter as applied to any particular situation or set of circumstances
be declared invalid or unconstitutional, such invalidity shall not
be construed to affect the remaining portions of this chapter not
so held to be invalid, or the application of this chapter not so held
to be invalid.
[Added 5-21-2014 by Ord.
No. 3-2014]
This chapter repeals any prior ordinances, resolutions or parts thereof which are in conflict or are inconsistent herewith with respect to the Code of the Ordinances of the Borough of Ridley Park and provisions of Chapter 154. All other existing ordinances, resolutions or parts thereof not inconsistent herewith shall remain in effect.
