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Ordinance 551 – Soliciting

This is a retyped copy of the original Ordinance to be used for reference purposes only.

To view or obtain a copy of the original document, please contact the Martinsburg Police Department.

ORDINANCE NO. 2004-551

AN ORDINANCE OF THE BOROUGH OF MARTINSBURG REGULATING CANVASSING, PEDDLING AND/OR SOLICITING

BE IT ENACTED AND ORDAINED by the Borough of Martinsburg, Blair County, Pennsylvania, and it is hereby enacted and ordained by the authority of the same as follows that no person shall engage in canvassing, peddling and/or soliciting in the Borough for commercial purposes without first having registered and obtained a permit from the Police Department.

SECTION 1. DEFINITIONS:

As used in this Ordinance, the following terms shall have the definitions indicated:

CANVASSING, PEDDLING AND /OR SOLICITING -  the taking of orders for goods, wares or merchandise or for any commercial purpose, including subscriptions for magazines or other printed matter and the obtaining of information and/or contracts for home and building devices, repairs and improvements.  In no manner shall this section apply to religious, charitable or political activities or causes.

SECTION 2. PERMIT REQUIRED:

No person shall engage in canvassing, peddling and/or soliciting in the Borough for commercial purposes without first having registered and obtained a permit from the Police.

SECTION 3. APPLICATION, ISSUANCE OF PERMIT:

a.    Any person desiring to engage in canvassing, peddling and/or soliciting shall submit a written application to the Police Department, during regular business hours, on a form to be furnished by the Borough and pay an application fee as required.

b.    The application shall state his/her name, business address, name and address of employer, if any, what he/she desires to canvas, peddle and/or solicit for, the length of time he/she wishes to engage in this work, the make and type of vehicle, if any, he/she will use, its registration number and whether and by whom he/she is being paid.  The applicant shall provide acceptable proof of identification, a copy of which will be made part of the permit.

c.    Each application shall require a one time non-refundable fee to be determined by borough resolution.

d.    Upon approval of any application, the Police Department will issue a permit to the applicant.

e.    A permit will be valid for the balance of the calendar year in which it is issued. Such permit may not be transferred from one person to another.

SECTION 4. CONDITION OF PERMIT:

The applicant shall conduct his/her canvassing, peddling and/or soliciting in accordance with the laws of the Commonwealth of Pennsylvania and the ordinances of the Borough and only during the hours of 9:00 a.m. to 8:00 p.m.

SECTION 5. EXCEPTIONS:

This section shall not apply to boys or girls under 18 years of age who take orders for and deliver newspapers, greeting cards, candy, cookies and other fund raising items, and the like or who represent the Boy Scouts, Girl Scouts, school, churches or similar organizations.

SECTION 6. ENFORCEMENT:

The police of the Borough shall be charged with the responsibility of enforcing the provisions of the several sections of this Ordinance.

SECTION 7. VIOLATIONS AND PENALTIES:

Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this section shall, upon conviction, be sentenced to pay a fine of not less that $50.00, nor more than $600.00, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 90 days; provided, however, that if the District Justice determines that the Defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such Defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Judge deems to be just.

SECTION 8. All Ordinances or parts of Ordinances which are inconsistent herewith are hereby repealed.

SECTION 9. This Ordinance shall be known as the “Solicitation Ordinance”.

ORDAINED AND ENACTED as an Ordinance of the Borough of Martinsburg, Blair County, Pennsylvania, this 1st day of November, 2004.

ATTEST: BOROUGH OF MARTINSBURG
M. Jane Staily Brian K. Gahagan
Secretary Vice- President
Now, this 6th day of December 2004, the within Ordinance is approved.
William Lewis
Mayor