[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen Adopted 11-5-2013 by Ord. No. 214. Amendments noted where
applicable.]
A.Â
Findings. The Township has determined that the safety and privacy
of Township residents, particularly children and the elderly, may
be jeopardized by transient merchants soliciting or peddling goods
or services to Township residents, and that it is in the best interest
of the Township to differentiate between certain categories of transient
merchants, including solicitors, peddlers and canvassers, and to regulate
their activities.
B.Â
Purposes. It is the purpose and intent of this chapter to provide
the Township with standards defining and regulating door-to-door soliciting,
peddling and canvassing. These standards are intended to protect the
safety and privacy of the residents of Perkiomen Township by regulating
the activities of door-to-door solicitors, peddlers and canvassers
and by, among other things, limiting access to residents who do not
wish to interact with solicitors, peddlers or canvassers.
As used in the chapter, the following terms shall have these
meanings:
A person engaging in the activity of canvassing.
The activity of going from residence to residence to:
Conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
To make analyses, to take opinion polls, to compile rating data;
To obtain or seek contributions for any nonprofit organization
or cause;
To advance religious or political causes or the preaching or
converting with regard thereto; or
To conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars for
other than a commercial purpose.
A person engaging in the activity of peddling.
The selling or offering for sale of any goods, wares, merchandise
or services for prompt or immediate delivery.
The activity of going onto the residence of other persons,
without prior arrangement with the owner or occupant, for the principal
purpose of the sale or taking of orders for future sales of any type
of tangible goods, including, but not limited to, books, magazines
or other periodicals; or to enter into any agreement for the provision
of services; or any combination of the sale of goods or services;
or the distribution of advertising circulars relating to the sale
of goods or services.
A person engaging in the activity of door-to-door soliciting.
The activity of selling goods from a vehicle located on a
street, roadway or public right-of-way, except a sidewalk abutting
a property of which such person is the owner or a lawful occupant
thereof. This definition does not include a farmer selling his or
her own produce.
A.Â
Any person or organization intending to engage or to cause persons to engage in the activity of soliciting or peddling, as defined in this chapter, prior to commencing such activity shall obtain a permit from Perkiomen Township. In the case of an organization, each person engaging in door-to-door solicitation shall be required to obtain an individual permit, and no organization shall have issued to its agents or employees more than five active permits at any one time. Such permit or permits shall be issued only after the person or persons seeking to obtain such permit shall have provided all information and documentation requested on the application, which information shall be provided under the penalty of law as provided in 18 Pa.C.S.A. § 4904. In addition, the applicant shall execute an acknowledgement of receipt of the terms of § 213-9 of this chapter and shall provide notice to Perkiomen Township of the neighborhoods and locations in which the soliciting or peddling activity is to take place.
B.Â
Every person to whom a permit shall have been issued under this chapter
shall carry the permit on his or her person at all times and exhibit
it, upon request, to any police officer or to any person on whom he
or she may call or with whom he or she may talk. Permittees shall
also refrain from making multiple visits to the same residence.
C.Â
Any person soliciting or peddling or any organization employing any solicitors or peddlers that shall engage in such activity without obtaining the required permit shall be in violation of this chapter and shall be liable for the penalty provided for in § 213-11.
D.Â
Permit applications shall be processed by Perkiomen Township. An
applicant must obtain his or her criminal history/record directly
from the Pennsylvania State Police and present it to Perkiomen Township
with the permit application. The criminal history/record must have
been issued by the Pennsylvania State Police within one year of the
date the permit application is submitted.
E.Â
The permit fee for each person engaging in soliciting or peddling
shall be established from time to time by resolution by the Board
of Supervisors. All such permits shall be valid for 30 days.
F.Â
The terms of this section shall not apply to:
(1)Â
Farmers selling their own produce;
(2)Â
Boys or girls under the age of 18 years who deliver or take orders
for delivery of newspapers, greeting cards, candy and the like, or
who represent the Boy Scouts, Girl Scouts, sports clubs, schools or
similar organizations and take orders for and deliver cookies and
the like;
(3)Â
Canvassers as defined above;
(4)Â
Bona fide candidates for elective office and their supporters; or
(5)Â
Any other individual or activity the regulation of which would unlawfully
impinge upon a constitutionally protected right to freedom of speech,
freedom of the press, or freedom of religion.
It is recommended that persons or organizations intending to
engage or to cause persons to engage in canvassing, as defined in
this chapter, prior to commencing such activity, notify Perkiomen
Township and provide the approximate dates, times and locations where
and when such activity is to take place. There shall be no fee charged
for such notification.
No person shall engage in soliciting, peddling or canvassing
upon the premises of another person prior to 9:00 a.m. or after 8:00
p.m. prevailing time, or sunset if earlier. No soliciting or peddling
shall take place on any Sunday.
No person shall engage in "street sales," as defined in this
chapter, said activity being strictly prohibited.
The owner or lawful occupant of any premises within Perkiomen
Township not desiring to have persons enter onto their premises may
post on such premises a legible sign, not to exceed one square foot
in size, stating "No Solicitors," "No Solicitation" or words of similar
meaning.
The owner or lawful occupant of any premises within Perkiomen Township not desiring to have persons enter onto their premises may, in addition to posting their premises according to § 213-7, register annually (in writing) with Perkiomen Township to have his or her address placed on a registry to be distributed to those solicitors and peddlers required to obtain a permit under § 213-3.
A.Â
A solicitation or peddling permit shall not be issued to any person
who:
(1)Â
Has had a Perkiomen Township soliciting or peddling permit revoked
within the last one year.
(2)Â
Has been convicted within seven years preceding the date of the application
of a misdemeanor involving theft or a theft-related offense; fraud
or any fraud-related offense; any crime involving violence or sexual
activity; any Drug Act violation; or any other offense tending to
show dishonesty or violence.
(3)Â
Has been convicted of any felony or more serious criminal offense
within 15 years preceding the date of the application.
B.Â
A soliciting or peddling permit shall be revoked for any of the following
reasons:
(1)Â
Conduct by any permit holder that constitutes a violation of this
chapter.
(2)Â
A permit holder entering upon premises either posted "No Solicitors" or "No Solicitation" or appearing on the No-Solicitors or No-Solicitation Registry provided for in § 213-8 of this chapter, or both.
(3)Â
Conduct by any permit holder while on private premises that constitutes
a summary offense or criminal act (misdemeanor or felony), including,
but not limited to, defiant trespass.
C.Â
If a company or other entity has more than one person soliciting or peddling in Perkiomen Township, and the permit issued to any one such person is revoked under Subsection B above, the permits for all door-to-door solicitors working for that company may be revoked, if deemed necessary by Perkiomen Township, in its sole discretion.
D.Â
In the event that a solicitation or peddling permit is revoked under
this section, no administrative or other fees shall be refunded to
the permit holder.
The Township Code Enforcement Officer will promptly investigate all written complaints alleging violations of this chapter and determine whether the complaint has merit. If the Township Code Enforcement Officer determines that a violation of this chapter has occurred, said Officer shall issue a notice to said permit holder that his/her solicitation permit has been revoked as set forth under § 213-9 of this chapter.
Any person who violates any provision of this chapter shall
be prosecuted for a summary offense and shall, upon conviction by
a Magisterial District Judge, be required to pay a fine of not more
than $1,000 and/or be sentenced to a term of imprisonment in accordance
with law. Each and every violation of this chapter shall be punishable
as a separate offense.
All ordinances or parts of ordinances inconsistent herewith
or in conflict with any of the specific terms enacted hereby, to the
extent of said inconsistencies or conflicts, are hereby specifically
repealed. Ordinance No. 8, enacted September 12, 1960, and Ordinance
No. 10, enacted September 12, 1960, are specifically repealed hereby.
