Township of Manheim, PA Chapter 352 Peddling and Soliciting

[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 7-12-1976 by Ord. No. 1976-7; amended in its entirety 6-21-1999 by Ord. No. 1999-10 (Part 6, Ch. 2, Art. B, of the 1976 Code of Ordinances). Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 346.

Secondhand dealers — See Ch. 390.

Streets and sidewalks — See Ch. 435.

§ 352-1 License required; exceptions.

It shall be unlawful for any individual to solicit funds, peddle, canvass, or take orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public place or from house to house in the Township without first obtaining a license as provided herein, except that no license shall be required from the following:

A. Farmers selling their own products.

B. Persons soliciting funds or selling goods, wares or merchandise, donated by the owner thereof, where the funds or the proceeds of sale are to be applied exclusively for a charitable purpose.

C. Representatives and members of Boy Scouts of America, Girl Scouts of America, Lions, Rotary, Kiwanis, American Association of Retired Persons, Disabled American Veterans, YWCA and YMCA, YWHA and YMHA, Red Cross, Salvation Army and other national and international service organizations and associations existing for the benefit of youth, aged, handicapped or stricken and soliciting or selling for the purpose of self-perpetuation and who may be registered as charitable organizations with the state or federal government.

D. Manufacturers or producers of bread and bakery products, meat and meat products, or milk or milk products, who sell their own products.

E. Insurance and real estate agents and brokers licensed by the Commonwealth of Pennsylvania.

F. Individuals distributing sales literature door hangings if there is no attempt to contact the home or business occupant.

§ 352-2 Licensing requirements and procedures.

A. Every individual desiring to engage in those acts referred to in § 352-1 and not exempted thereby must obtain a license from the Police Department.

B. To obtain a license, individuals must complete a written application which shall contain such information as is reasonably required by the Police Department, shall pay a license fee as set by resolution of the Board of Commissioners, and shall permit the Police Department to photograph the individual for the purpose of personal identification. Applicants that wish to engage in magazine sales for profit must first provide a current license issued by the Pennsylvania Attorney General's office as required by the Consumer Protection Law.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Applicants must, at their own expense, provide a completed criminal records check from the state in which they reside, dated within 30 days of the date of application for the solicitor's permit.

D. Following the completion of the application and the payment of the license fee, the Police Department shall have five working days to investigate the applicant.

E. The Chief of Police, or his authorized deputy, may refuse to issue a license in cases where investigation shall disclose a criminal record or any false or misleading statement on the application. The appeal on the refusal to issue a license shall be made within five days to the Township Commissioners by filing written notice of appeal with the Manager-Secretary. The decision of the Commissioners shall be final.

F. The Chief of Police, or his authorized deputy, is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be in the interest of the public health, safety, or morals, or for violation of any of the provisions of this chapter or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection E of this section.

G. The license shall be dated and signed by the Chief of Police or his authorized deputy and shall be valid for that period of time desired by the applicant, not to exceed 180 days. The license shall be in the individual's possession while engaged in solicitation and shall be exhibited upon request to all police officers, Township officials and residents of the Township.

H. Solicitors, whether licensed or exempted, with the exception of mobile ice cream vendors, shall only engage in solicitations between 9:00 a.m. and 5:00 p.m., except by prior appointment. Mobile ice cream vendors may solicit until dusk but may not solicit on high traffic roadways.

I. Upon expiration, the license may be renewable for additional periods, not to exceed 180 days each, upon registration and payment of an additional fee as set by resolution of the Board of Commissioners for each one-hundred-eighty-day or less period.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 352-3 Violations and penalties. [1]

Any person violating any provision of this chapter shall, upon conviction before a Magisterial District Judge, be sentenced to pay a fine of not more than $600, plus costs of prosecution, for each and every offense and, in default of payment thereof, to undergo imprisonment for a period not to exceed 30 days.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).