[Adopted 12-8-2005 by Ord. No. 1178 (Ch.
190 of the 1999 Code)]
1.
The Borough Council
of Homestead Borough finds that many citizens of this community expect
the Borough to assist them in preserving their privacy, avoiding becoming
the victims of theft, fraud or harassment and avoiding petty annoyances
that disrupt the quiet enjoyment of their homes. However, other persons
often desire to interrupt the quiet enjoyment of one's home without
the intent to engage in harassment, theft or fraud but instead for
the purpose of soliciting donations for various causes, or to canvas
for support for particular religious, ideological, or political causes,
or for reasons of prompting commerce.
2.
An important
part of the freedom enjoyed by all citizens and residents of the United
States is the right to speak freely, to express ideas that may be
unpopular, and to engage others in debate without government interference.
The Supreme Court of the United States has consistently recognized
another interest of citizens and residents of the United States, which
is the right to be protected by local government from theft, fraud
and harassment, particularly when solicitation of money is involved.
3.
It is the responsibility
of all units of government, including Homestead Borough, to balance
these competing interests in a manner consistent with the Constitution
of the United States and consistent with the Constitution of the Commonwealth
of Pennsylvania, while attempting to minimize fraud, theft and other
crimes, and protect the privacy of our citizens.
As used in this Part the following words have
the meaning indicated:
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of:
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
Distributing a handbill or flyer advertising a noncommercial
event or service.
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of attempting to sell a
good or service. A "hawker" or "peddler" does not include a person
who distributes handbills or flyers for a commercial purpose, advertising
an event, activity, good or service that is offered to the resident
for purchase at a location away from the residence or at a time different
from the time of visit. Such a person is a "solicitor"
A person who attempts to make personal contact with a resident
at his/her residence without prior specific invitation or appointment
from the resident for the primary purpose of:
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, even if incidental to
such purpose there is the sale of some good or service; or
Distributing a handbill or flyer advertising a commercial event
or service.
No person shall act as a hawker, peddler or
as a solicitor within the Borough without first registering with the
Borough Secretary in accordance with this Part. A canvasser is not
required to register but any canvasser may do so for the purpose of
reassuring Borough residents of the canvasser's good faith.
This Part does not set fees for registration.
Fees for registration shall be the amount(s) adopted and revised from
time to time by Borough Council in its annual fee resolution under
the section of the annual fee resolution captioned: "Vending, Solicitation
and Peddling License" or "Vending, Solicitation and Peddling Registration."
The term "license" whenever used in the annual fee resolution shall
be considered for the purpose of this Part to be synonymous with and
to have the same meaning as "registration." Where a canvasser voluntarily
elects to register but is not required by this Part to do so, there
is no filing fee for the registration.
Any person or organization required to register
under this Part shall provide the following information:
1.
The name, physical
description and photograph of each person required to register. In
lieu of this information, a driver's license, state identification
card, passport, or other government-issued identification card (issued
by a government within the United States) containing this information
may be provided and a photocopy taken.
2.
The permanent
and (if any) local address of the organization or business to be represented
by a hawker, peddler, solicitor or canvasser.
3.
The permanent
and (if any) local address of each person acting as a hawker, peddler,
solicitor or canvasser.
4.
A brief description
of the proposed activity related to this registration. (Copies of
literature to be distributed may be substituted for this description
at the option of the applicant.)
5.
The motor vehicle
make, model, year, color, vehicle identification number and state
license plate number of any vehicle which will be used by each person.
6.
The total number
of days, weeks or months the hawking, peddling, soliciting or canvassing
activities will be engaged in and the actual or anticipated dates
on which said activities will be engaged in.
8.
The web address
for this organization, person, or group (or other address) where residents
having subsequent questions can go for more information.
The Borough Secretary shall maintain a list
of persons within the Borough who restrict visits to their residential
property (including their leasehold, in the case of a tenant) by hawkers,
peddlers, solicitors, and canvassers. A copy of the no-visit list
shall be provided by the Borough Secretary to each hawker, peddler,
solicitor, or canvasser upon request. It shall be the responsibility
of all hawkers, peddlers, solicitors and canvassers to insure that
they have obtained or been provided with a copy of the most current
no-visit list and to ensure their compliance therewith.
In addition to the other regulations contained
herein, a solicitor or canvasser leaving handbills or commercial flyers
about the community shall observe the following regulations:
1.
No handbill or
flyer shall be left at or attached to any sign, utility pole, or other
structure within the public right-of-way.
2.
No handbill or
flyer shall be left at or attached to any privately owned property
in a manner that causes damage to such privately owned property.
4.
Any person observed
distributing handbills or flyers shall be required to identify himself/herself
to the police. This is for the purpose of knowing the likely identity
of the perpetrator if the Borough receives a complaint of damage caused
to private property during the distribution of handbills or flyers.
1.
No hawker, peddler,
solicitor or canvasser shall:
A.
Enter upon any
private property where the property is clearly posted in the front
yard a sign visible from the right-of-way (public or private) indicating
a prohibition against peddling, soliciting and/or canvassing. Such
sign need not exceed one square foot in size and may contain words
such as "no soliciting" or "no solicitors" in letters of at least
two inches in height. The phrase "no soliciting" or "no solicitors"
shall also prohibit hawkers, peddlers and canvassers.
B.
Remain upon
any private property where a notice in the form of a sign or sticker
is placed upon any door or entrance way leading into the residence
or dwelling at which guests would normally enter, which sign contains
the words "no soliciting" or "no solicitors" and which is clearly
visible to the hawker, peddler, solicitor or canvasser.
C.
Enter upon any
private property where the current occupant has posted the property
on the Borough's no-visit list (except where the posting form indicates
the occupant has given permission for this type of visit), regardless
of whether a front yard sign is posted.
D.
Use or attempt
to use any entrance other than the front or main entrance to the dwelling,
or step from the sidewalk or indicated walkway (where one exists)
leading from the right-of-way to the front or main entrance, except
by express invitation of the resident or occupant of the property.
E.
Remove any yard
sign, door or entrance sign that gives notice to such person that
the resident or occupant does not invite visitors.
F.
Canvass, solicit,
hawk or peddle between the hours of 9:00 p.m. and 7:00 a.m.
2.
It shall be an
affirmative defense to any violation of this section that the hawker,
peddler, solicitor or canvasser has an express invitation from the
resident or occupant of a dwelling allowing him/her to enter upon
any posted property.
This Part shall not apply to a federal, state
or local government employee or a public utility employee in the performance
of his/her duty for his/her employer.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation
of this Part shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this Part
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this Part in equity in the Court of Common Pleas of Allegheny County.
