[HISTORY: Adopted by the Borough Council of the Borough of
Middletown 4-6-1987 by Ord. No.
943. Amendments noted where applicable.]
This chapter is adopted to regulate the distribution of certain
materials, peddling, soliciting and related activities within the
Borough of Middletown. The registration of persons engaged in the
above-mentioned activities is required so that the identity of persons
going door to door or distributing materials within the Borough may
be established, so that general regulations may be more effectively
enforced for the protection and maintenance of the health, safety
and welfare of the inhabitants of the Borough and to prevent dishonest
business practices and dishonest solicitations of funds in the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Borough any handbill, advertisement,
circular, card, pamphlet or printed material of any kind other than
a regularly delivered newspaper, magazine or periodical.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed materials, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors, as defined herein.
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker," "huckster" and "transient merchant."
Any person, whether a resident of the Borough or not, who
goes from house to house, from place to place or from street to street
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not he is collecting advance payments on such sales or orders,
or who engages in such activities from a stationary location on any
street or in any other public place. The word "solicitor" shall also
include the word "canvasser" or any person who goes from door to door
as described above for the purpose of soliciting contributions and/or
who collects funds from a stationary location on any street or other
public place.
It shall be unlawful for any peddler, solicitor, distributor
or transient merchant to sell, offer for sale or distribute merchandise,
printed material or services within the Borough without first filing
an application for registration and obtaining a registration certificate
from the Chief of Police of the Borough of Middletown.
Upon obtaining a registration certificate as hereinafter provided,
a peddler, solicitor, distributor or transient merchant may conduct
his activities within the Borough only as long as he adheres to the
regulations set forth herein and carries his registration certificate
upon his person at all times during the conduct of his activities.
The registration certificate shall identify the person and the type
of activity for which he has registered and shall be shown to any
police officer or citizen upon request. All certificates shall expire
on the date shown thereon, but in no case shall any certificate be
issued for a period of time of more than one month.
A.
Every applicant for a certificate under this chapter shall file with
the Chief of Police of the Borough a sworn written application on
a form to be furnished by the Borough, which shall give or be accompanied
by the following information or documents:
(1)
The name and description of the applicant.
(2)
The permanent home address and full local address of the applicant.
(3)
A brief statement of the nature of the activity and a description
of the merchandise or service to be sold or performed.
(4)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
(5)
The length of time for which the certificate is desired.
(6)
If a vehicle is to be used, a description of such vehicle, the operator's
license number, the vehicle registration number and the vehicle license
number.
(7)
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
B.
In the case of solicitation of contributions, one person shall make
application for the organization, at least 30 days prior to the proposed
date the solicitations will begin, which application shall give or
be accompanied by the following:
(1)
The name and local address of the applicant.
(2)
The name and address of the organization represented and the names
and addresses of the organization's legal officers and managers.
(3)
The purpose of soliciting.
(4)
The name and address of the person or persons who will be in direct
charge of conducting the solicitation.
(5)
A list of names and addresses of all sponsors, promoters and solicitors
connected with the solicitation.
(6)
An outline of the methods to be used in conducting the solicitation.
(7)
The dates when the solicitation is to be made, giving the commencement
and termination dates.
(8)
A statement as to whether or not any commission, fee, wage or other
compensation is to be paid in connection with such solicitation and,
if so, details as to the amount to be expended from the funds collected.
The fees to be paid in conjunction with the issuance of a nontransferable
registration certificate pursuant to this chapter, payable to the
Borough of Middletown at the time the application is made, shall be
$20 per day or $100 per year. Such fee is imposed for the purpose
of defraying the costs of administering and enforcing the provisions
of this chapter.
A.
Upon receipt of the completed application form and payment of the
fee herein required, a registration certificate shall be issued by
the Chief of Police. The certificate shall give such information as
shall be deemed necessary to adequately identify the registrant and
the activity in which he is involved. The expiration date of the registration
certificate shall in all cases be indicated.
B.
In the case of solicitation of contributions, the certificate shall
be issued to the organization, which shall supply each of its agents
or solicitors with credentials, in a form approved by the Chief of
Police, giving the name of the solicitor, the name of the sponsoring
organization, the purpose for which the solicitation is being made,
the signature of the managing officer of the organization, the date
during which the solicitation is authorized to be made and the number
of the registration certificate issued to the organization by the
Borough.
C.
Except as provided in Subsection B above, where an organization has several agents peddling, soliciting or distributing merchandise or printed material, each agent shall be registered separately. Upon expiration of a certificate, a new certificate may be issued upon compliance with all the provisions of this chapter.
D.
Any certificate issued under this chapter may be suspended or revoked
by the Chief of Police upon proof being furnished to him that the
application for the certificate contained false information or that
the applicant was convicted of a crime involving moral turpitude after
the issuance of such certificate or that the applicant was convicted
of disorderly conduct under any law of the Commonwealth of Pennsylvania
or any ordinance of the Borough of Middletown.
[Added 5-6-1991 by Ord.
No. 1016, approved 5-6-1991]
No person shall:
A.
Peddle, solicit or distribute merchandise except during daylight
hours only, but, in any event, not later then 8:00 p.m. during summer
months.
B.
Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor registered with the Borough and having displayed his certificate
or credentials.
C.
Have exclusive right to any location in the public streets or operate
in any congested area where his operations might impede or inconvenience
the public.
D.
Enter or attempt to enter the residence of any person in the Borough
without an express invitation from the occupant of such residence.
E.
Conduct himself in such a manner as to become objectionable to or
annoy an occupant of any residence.
F.
Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device upon any of the streets, parks or public places
of the Borough or upon private premises, where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, parks or other public places of the
Borough or upon private premises, for the purpose of attracting attention
to any merchandise or services.
G.
Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
H.
Litter the streets, public places or properties within the Borough
with any merchandise or printed material.
I.
Violate any motor vehicle law of the Borough or the Commonwealth
of Pennsylvania.
The following persons or organizations are exempt from the payment
of fees upon compliance with all other provisions of this chapter
and submission of applicable identification and documents to support
the claim of exemption:
A.
Any charitable or religious society that shall conduct solicitations
or sales of personal property when the proceeds thereof shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists.
B.
Any person engaged in the delivery of goods, wares or merchandise
or other articles or things, in the regular course of business, to
the premises of the persons who had previously ordered the same or
were entitled to receive the same by reason of a prior agreement.
C.
Any school, political or civic organization, benevolent society,
service club or organization, not for profit, whose principal office
is located in the Borough.
E.
Any person selling fruits and farm products grown by himself, with
or without the help of others, or any person delivering bread and
bakery products, meat and meat products or milk and milk products.
F.
Persons conducting a bona fide auction sale pursuant to law or a
sale required by statute or by order of any court.
This chapter shall not be applied so as to occasion any undue
burden upon interstate commerce with respect to any business or activity
referred to herein. It is the intent of the Council that this chapter
be interpreted so as to achieve the primary purpose of protecting
the health, safety and welfare of the inhabitants of the Borough and
not to unduly regulate or control the proper conduct of any business
or commercial property.
[Amended 7-11-1988 by Ord. No. 972, approved 7-11-1988]
Any person who shall be convicted of violating or failing to
comply with the provisions of this chapter before any District Justice
shall be punishable by a fine of not more than $1,000, together with
costs of prosecution, and, in default of payment of such fine and
costs, the violator shall be subject to imprisonment in the county
jail for a term not to exceed 30 days. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of a violation
may be punished as provided above for each separate offense.
