[Adopted as Section 4-2 of the 1982 Compilation; amended 7-8-2002 by Ord. No. 02-23; 4-10-2006 by Ord. No. 12-06; amended in its entirety 8-7-2018 by Ord. No. 10-18]
As used in this article, the following terms shall have the
meanings indicated:
Any person, also known as a "canvasser," whether a resident
of the Borough or not, traveling by foot, automobile, motor truck
or any other type of conveyance, from place to place, from house to
house or from street to street, to take or attempt to take orders
for sale of goods, wares and merchandise, personal property of any
nature whatsoever for future delivery or for services to be furnished
or performed in the future, whether or not the individual has, carries
or exposes for sale a sample of the subject of the sale and whether
or not payment is accepted in advance for the goods. Any person taking
a poll or a survey from house to house or on the streets; or distributing
advertisements, handbills, pamphlets, or literature is included.
No solicitor or canvasser shall engage in such business within
the Borough without first obtaining a license. An investigation of
the application shall be made by the Chief of Police to determine
that the person or organization is bona fide. Upon making such a determination
the Chief of Police shall notify the Borough Clerk. A license under
this article shall expire on the first day of January next after the
same shall have been granted.
The Borough Clerk upon authorization by the Borough Council
shall grant licenses to such persons as may be proper according to
the provisions of this article to carry on the trade or business or
act in the capacity of a solicitor or canvasser.
The Borough Clerk shall maintain a list of all property owners who have notified the Borough that they do not wish for any solicitor or canvasser to enter upon their property for solicitation or canvassing purposes whether for commercial or noncommercial purposes. This No Solicitation List will be provided by the Borough to all licensees and noncommercial purposes whether or not a license is required. No solicitor or canvasser shall enter upon any private property that is included upon the No Solicitation List, or any households that have posted a sign prohibiting solicitation. Violators of this section may be subject to fine and/or suspension or revocation of the license granted under this Article II.
This article shall not apply to any person who has obtained a charitable solicitations permit in accordance with Article III of this chapter, nor shall it apply to any person distributing literature or handbills on behalf of a candidate for public office or a religious organization.
The fee for a solicitor's or canvasser's license shall
be $50.
The Borough Clerk shall issue to each licensee at the time of
delivery of the license a badge on which shall appear the words "licensed
solicitor," the period for which the license is issued and the number
of the license, in letters and figures easily discernible from a distance
of 10 feet. During the time the licensee is engaged in soliciting,
the licensee's badge shall be worn constantly and conspicuously
on the front of the licensee's outer garment.
No soliciting or canvassing activities shall be conducted before
9:00 a.m. or later than 9:00 p.m., nor on Sundays or holidays. Any
request to do so for hours or days other than those stated herein
shall be stated on the application to be reasonably approved by the
Borough Council. Any approval shall be plainly stated on the license
issued by the Borough Clerk.
It shall be the duty of any police officer of the Borough to
require any person seen soliciting or canvassing to produce a license
and to enforce the provisions of this article against any person found
to be violating the same.
Any license granted under the provisions of this article may
be suspended or revoked by the Mayor upon satisfactory cause shown,
and during the suspension of such license the same shall be inoperative
and void. Any suspension or revocation is subject to the approval
of the Borough Council.
