[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown 1-3-1955 by Ord. No. 46 (Ch. 13, Part 1, of the
1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 320.
[Amended 7-10-1979 by Ord. No. 79-10; 7-29-1986 by Ord. No. 86-14]
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief of Police of the Township of Middletown or such
other person designated by the Board of Supervisors to administer
the provisions of this chapter.
[Amended 12-8-2009 by Ord. No. 09-04]
Any identification card, document for minors or temporary/transient
business license issued pursuant to this chapter.
The document required under the provisions of this chapter
for minors under 18 years of age who engage in solicitation, peddling
or a temporary/transient business.
The document required under the provisions of this chapter
for persons engaged in solicitation or peddling.
A list maintained by the Township of those persons and businesses
within the Township who do not wish or desire to be contacted by persons
engaged in any of the various forms of peddling, soliciting and/or
temporary/transient business governed and regulated by this chapter.
[Added 6-6-2016 by Ord.
No. 16-04]
The activity of any person who, travelling by foot, wagon,
automobile, motor truck, or any other type of conveyance from place
to place, from house to house or from street to street, carries, conveys
or transports goods, wares, services or merchandise for the purpose
of selling or offering for sale such goods, wares, services or merchandise
and providing immediate delivery thereof. The word "peddling" shall
include the words "hawking" and "vending."
The activity of any person who, travelling by foot, wagon,
automobile, motor truck or any other type of conveyance from place
to place, from house to house, or from street to street, seeks, takes
or attempts to take contracts or orders for any goods, wares, services,
merchandise or subscriptions for future delivery, whether or not such
individual has, carries or exposes for sale a sample of the subject
of such sale or whether he is collecting advance payment on such sales
or not. The term "soliciting" shall further mean:
The seeking or taking of contracts or orders for home or other
building repairs, improvements and alterations and also orders or
contracts for any mechanical, electrical, plumbing or heating device
or equipment for the home.
The seeking of contributions of money, property or any other
items.
Any activity which directly leads to an act of solicitation
as defined in this section.
A business conducted from:
No designated location or site in the Township, but not including
those provided for and defined under "peddling" or "soliciting";
A motel room or other similar location normally rented on a
daily or weekly basis; or
A store or similar location where the business operator has
no written lease or the term of the basic agreement is for a period
of three months or less.
The document required under the provisions of this chapter
for persons engaged in a temporary/transient business.
The Township of Middletown, County of Bucks, Commonwealth
of Pennsylvania.
[Amended 7-10-1979 by Ord. No. 79-10; 12-1-1992 by Ord. No. 92-13]
A.
No person shall, either in a public or private place or by entering
in or upon private property within the boundaries of the Township,
without having first registered and obtained an identification card
or document for minors or temporary/transient business license from
the Chief of Police:
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
B.
This section shall not apply to:
(1)
Farmers selling their own products.
(2)
Any manufacturers or producers selling or distributing meat
and meat products or milk or dairy products.
(3)
Anyone regularly engaged in the distribution of fresh produce.
(4)
Anyone regularly engaged in laundry or dry cleaning services
or daily or weekly newspapers.
(5)
Commercial travelers or sales agents selling to dealers or retailers
in the usual course of business.
(6)
Persons authorized to solicit funds on behalf of volunteer fire
companies, volunteer rescue squads and community youth organizations
located in the Township or adjacent boroughs.
C.
Children.
(1)
Children under 16 years of age who are employed or engaged by
any individual, partnership, firm or corporation for the purpose of
soliciting funds for any purpose or soliciting orders or vending,
peddling or hawking any articles shall not be required to obtain an
individual identification card. Said children must, however, comply
with and satisfy the provisions of § 345-112B and C.
(2)
The individual, partnership, firm or corporation employing or
engaging such children shall be responsible for and liable for the
actions of said children when soliciting, vending, peddling or hawking.
D.
All persons engaging in any solicitation, vending, peddling,
hawking or temporary/transient business must comply with the provisions
of this chapter regarding conduct, whether or not such persons are
required to have an identification card or license. Such provisions
are set forth in § 345-103.
[Amended 7-10-1979 by Ord. No. 79-10; 7-29-1986 by Ord. No. 86-14]
All persons engaging in any solicitation, peddling, vending,
hawking or temporary/transient business must:
A.
Immediately vacate the premises upon request by the owners,
tenants or person in charge thereof;
B.
Engage in their activity in such a manner so as not to interfere,
obstruct or impede the convenience of the public or pedestrian or
vehicular traffic;
C.
At all times conduct their activities reasonably and with a
view towards the safety of the community; and
D.
At all times conduct their activities in compliance with the provisions of Chapter 500, Zoning, of the Code.
E.
Not, at any time, nor in any manner or fashion, contact any
person, business or property identified and/or listed on and/or in
the Township no-solicitation registry.
[Added 6-6-2016 by Ord.
No. 16-04]
[Amended 7-10-1979 by Ord. No. 79-10; 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
Every person who seeks to register for the purpose of soliciting
funds shall furnish the following information, verified by oath or
affirmation, to the Chief of Police at the time of making application
for the required identification card:
A.
Full name of the registrant and local address, if any.
B.
Permanent address.
C.
If an individual, a statement as to whether or not the applicant
has ever been convicted of any crime and, if so, when, where, the
nature of the offense, and punishment or penalty imposed therefor.
D.
If a partnership, firm or corporation, a statement meeting the
requirement of § 345-104C for each person to whom an identification
card is to be issued.
E.
If a charitable organization, a statement meeting the requirements
of § 345-104C for each person not a resident of the Township
or of any borough contained within the boundaries of the Township
to whom an identification card is to be issued.
F.
A statement sufficient to show the purpose for which the funds
are being solicited.
G.
The applicant shall also supply a recent photograph in a size
specified for all persons required to be licensed or registered under
this chapter.
[Amended 7-10-1979 by Ord. No. 79-10; 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
Every person who seeks to register for the purpose of taking
orders, vending, peddling or hawking of any articles shall furnish
the following information, verified by oath or affirmation, to the
Chief of Police at the time of making application for the required
identification card or cards and document for minors:
A.
Full name of the registrant and local address, if any.
B.
Permanent address.
C.
If an individual, a statement as to whether or not the applicant
has ever been convicted of any crime, and if so, when, where, the
nature of the offense and punishment or penalty imposed therefor.
D.
If a partnership, firm or corporation, a statement meeting the
requirements of § 345-104A(3) for each person to whom an
identification card is to be issued.
E.
If different from that of registrant, the name and address of
the firm or corporation for or on whose behalf the orders are solicited,
or the supplier of the goods involved.
F.
If an individual, the name of his employer, if any.
G.
If the individual, firm, partnership or corporation engaging
in this activity for profit employs a minor under the age of 18, the
following information must also be supplied:
(1)
The name of the minor.
(2)
The permanent address of the minor.
(3)
The birthdate of the minor.
(4)
Evidence that the employer and minor have complied with the
applicable sections of the Act of May 13, 1915, P.L. 286, § 1
et seq., 43 P.S. § 41 et seq., as amended.[1]
[1]
Editor's Note: 43 P.S. § 41, the Child Labor Law, was
repealed by 2012, Oct. 24, P.L. 1209, No. 151, § 29, effective
Jan. 22, 2013.
H.
The nature of the goods, wares or merchandise offered for sale.
I.
The applicant shall also supply a recent photograph (in a size
specified) for all persons required to be licensed or registered under
this chapter.
J.
Such other information as the Chief of Police may deem necessary
for the proper police protection of the Township.
[Amended 7-10-1979 by Ord. No. 79-10; 7-29-1986 by Ord. No. 86-14]
A.
Every person who seeks to register for the purpose of engaging
in a temporary/transient business shall furnish the following information,
verified by oath or affirmation, to the Chief of Police at the time
of making application for the required license:
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
(1)
Full name of the registrant and local address, if any.
(2)
Permanent address.
(3)
Location of business and present zoning requirements.
(4)
If an individual, a statement as to whether or not the applicant
has ever been convicted of any crime, if so, when, where, the nature
of the offense and punishment or penalty imposed therefor.
(5)
If a partnership, firm or corporation, a statement meeting the
requirement of § 345-106A(4) for each person engaged in
the operation of said business.
(6)
If different from that of the registrant, the name and address
of the firm or corporation for or on whose behalf the orders are solicited
or the supplier of the goods involved.
(7)
If an individual, the name of his employer, if any.
(8)
If the individual, firm, partnership or corporation engaging
in this business employs a minor under the age of 18, the following
information must also be supplied:
(a)
The name of the minor.
(b)
The permanent address of the minor.
(c)
The birthdate of the minor.
(d)
Evidence that the employer and minor have complied
with the applicable sections of the Act of May 13, 1915, P.L. 286,
§ 1 et seq., 43 P.S. § 41 et seq., as amended.[1]
[1]
Editor's Note: 43 P.S. § 41, the Child Labor Law, was
repealed by 2012, Oct. 24, P.L. 1209, No. 151, § 29, effective
Jan. 22, 2013.
(9)
Such other information as the Chief of Police may deem necessary
for the proper police protection of the Township.
B.
Every person who seeks to register for the purpose of engaging
in a temporary or transient business which utilizes an outdoor display
of any goods, wares or merchandise offered for sale by said business
shall submit the following information, verified by oath or affirmation,
along with a copy of his application for a temporary or transient
business license, to the Middletown Township Zoning Officer:
[Amended 7-10-1979 by Ord. No. 79-10; 7-29-1986 by Ord. No. 86-14; 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
Upon satisfactorily furnishing the information required under
§ 345-104, 345-105 or 345-106, the applicant shall be registered
by the Chief of Police in a book of registration maintained for that
purpose, but such registration may not be effective for 48 hours,
during which time the information given by the applicant may be verified.
Thereafter, if the applicant meets all legal requirements, he shall
issue an identification card, document for minors, or temporary/transient
business license to the applicant as provided in § 345-108.
[Amended 7-10-1979 by Ord. No. 79-10]
A.
Upon approval of the application as set forth in § 345-107,
the Chief of Police shall issue the following documents, when applicable,
containing the following information:
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
(3)
Document for minors. If the individual, firm, partnership or
association is engaging in the soliciting, peddling or temporary/transient
business for profit and also employs minors under the age of 18, the
applicant shall also be issued a document setting forth the names,
address and birthdays of those minors who may solicit orders, peddle
or engage in the temporary/transient business.
B.
The identification cards shall be issued as follows:
C.
At the time of issuance of the temporary/transient business
license and the identification card(s), the Chief of Police shall
also issue to the applicant a copy of the Township no-solicitation
registry. The no-solicitation registry shall include the names, addresses
and/or phone numbers of those persons, businesses and/or properties
located within the Township who have placed such information on the
no-solicitation registry in furtherance of their express desire not
to be contacted by persons engaged in any of the various forms of
peddling, soliciting and/or temporary/transient business governed
and regulated by this chapter.
[Added 6-6-2016 by Ord.
No. 16-04]
[Added 7-14-1981 by Ord. No. 81-14; amended 7-10-1979 by Ord. No.
79-10; 7-29-1986 by Ord. No. 86-14; 12-1-1992 by Ord. No. 92-13]
A.
The issuance of any identification card, document for minors
or temporary/transient business license is expressly conditioned on
the compliance with all the provisions of this chapter.
B.
Any identification card, document for minors or temporary/transient
business license may be suspended at any time by the Chief of Police
should it develop or be shown that the person to whom the document
was issued has violated any of the conditions set forth in § 345-103.
The first violation shall result in suspension for a period of 30
days; the second violation shall result in suspension for a period
of 60 days; and subsequent violation shall result in revocation of
said document.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
C.
Any document issued under this chapter may be revoked at any
time by the Chief of Police should it develop or be shown that the
applicant furnished false information in his application or should
the applicant be arrested or convicted for a crime involving moral
turpitude after the issuance of the document. The document may also
be revoked if the applicant is arrested or convicted for disorderly
practices while pursuing the activities for which the document was
issued and required. Revocation may also occur as provided in § 345-109B.
Any document revoked because of an arrest pursuant to this section
shall be immediately reissued following acquittal or dismissal of
the charges upon which the arrest was made.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
D.
At the time of the suspension or revocation of any document
issued under this chapter, written notice shall be given to the holder
of said document as to the cause of the suspension or revocation.
Any person whose document is suspended or revoked may request a prompt
hearing before the Board of Supervisors or its designee. In any such
hearing the Township shall have the burden of proving the cause of
the suspension or revocation.
A.
All issued identification cards, documents or temporary/transient
business licenses shall be valid for a period of 30 days, but the
registrant may make application for a new document to be issued at
any time after the expiration date of an identification card, document
for minors, or temporary/transient license he has previously held;
provided, however, that no more than three temporary/transient business
licenses shall be issued to the same individual, association, corporation
or other entity in any one calendar year.
B.
No individual, firm, partnership or corporation whose document
has been revoked shall be eligible for renewal of the document, and
no individual whose document has been suspended shall be eligible
for renewal during the term of the suspension.
[Amended 3-26-1956 by Ord. No. 58; 7-10-1979 by Ord. No. 79-10; 12-1-1992 by Ord. No. 92-13]
A.
Upon registration in accordance with this chapter, the applicant
shall pay to the Township Treasurer a registration fee as established
from time to time by resolution of the Board of Supervisors.
B.
The fees established by resolution shall be paid upon each renewal
of any document.
[1]
Editor's Note: Township fee schedules are on file in the Township
Municipal Building and available to be viewed on the Township's website
at www.middletownbucks.org.
[Amended 7-10-1979 by Ord. No. 79-10]
A.
No person shall solicit funds or take orders for or vend, peddle,
hawk or offer for sale any goods, wares or merchandise within the
limits of the Township without having in his possession the identification
card or document for minors hereinbefore mentioned.
B.
Any minor for which a document for minors is required under
§ 345-108A(3) shall not solicit orders for or vend, peddle,
hawk or offer for sale any goods, wares or merchandise within the
limits of the Township without having in his possession a copy of
the document for minors hereinbefore mentioned.
C.
All other minors for which a document for minors is not required
under § 345-108A(3) and for which an identification card
is not required under § 345-102C shall not solicit orders
for or vend, peddle, hawk or offer for sale any goods, wares or merchandise
within the limits of the Township without having in their possession
a copy of the identification card issued to the individual, partnership,
firm or corporation by whom the minor was engaged or employed.
D.
No person shall engage in any temporary/transient business within
the limits of the Township without having in his possession the temporary/transient
business license hereinbefore mentioned.
[Amended 7-10-1979 by Ord. No. 79-10]
Persons engaging in soliciting or peddling hereunder shall not
engage in said activity before the hours of 9:00 a.m., nor after the
hour of 8:30 p.m. on Monday through Saturday, nor before the hour
of 10:00 a.m. nor after the hour of 8:30 p.m. on Sunday.
This chapter shall not amend or repeal any existing ordinance
or resolution now in effect in the Township relating to any permits
or licenses now being issued by any other Township officer, but this
chapter is in addition thereto.
All fines and penalties recovered under this chapter shall be
paid to the Township Treasurer for the general use of the Township.
[Amended 7-10-1979 by Ord. No. 79-10; 12-1-1992 by Ord. No. 92-13; 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
