[Adopted as Section 4-3 of the 1982 Compilation; 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:
CHARITABLE and PHILANTHROPIC
Patriotic, religious, eleemosynary, benevolent, educational, civic or fraternal associations, societies and the like.
CONTRIBUTION
The giving of alms, food, clothes, money, subscriptions, pledges or property of any nature or kind.
PERSON or ORGANIZATION
Any individual, firm, copartnership, corporation, company, association, church, religious denomination, society, class or league.
SOLICIT and SOLICITATION
The request, directly or indirectly, of money, credit, property, financial assistance and other things of value on the plea or representation that such money, credit, property, financial assistance or other thing of value will be used for a charitable and philanthropic purpose as defined in this article. "Solicitation" shall be deemed to be complete when made, whether or not the person making the same receives any contribution.
No person shall engage in the business of solicitation of charitable and philanthropic contributions within the Borough without first obtaining a permit. 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.
The Borough Clerk upon authorization by the Borough Council shall grant a permit to such persons as may be proper according to the provisions of this article to carry on solicitation of charitable and philanthropic contributions.
The Borough Clerk shall maintain a list of all property owners who have notified the Borough that they do not wish for any solicitation of charitable and philanthropic contributions be made by anyone upon their property whether for commercial or noncommercial purposes. This No Solicitation List will be provided by the Borough to all permit holders and noncommercial purposes whether or not a permit is required. It is requested that no solicitation of charitable and philanthropic contributions be requested upon any private property that is included upon the No Solicitation List. Violators of this section may be subject to fine and/or suspension or revocation of the permit granted under this article.
There shall be no fee for a permit issued hereunder.
No permit may grant the right to solicit for a period longer than 90 consecutive days unless authorized by the Borough Council. No solicitation of charitable and philanthropic contributions 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 charitable or philanthropic contributions to produce a permit and to enforce the provisions of this article against any person found to be violating the same.
Any person or organization receiving money from any contributor under a solicitation made pursuant to this article shall give to the contributor a written receipt signed by the solicitor showing the date and the amount received, provided that this section shall not apply to any contribution collected by means of a closed box or receptacle used in solicitation where the use thereof has been approved by the Borough Council, where it is impractical to determine the amount of each contribution.
Any permit 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 permit the same shall be inoperative and void. Any suspension or revocation is subject to the approval of the Borough Council.
Any person violating any part of this article shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Article III.