[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim 4-2-2015 by Ord. No. 1-2015. Amendments noted where
applicable.]
It is the purpose and intent of this chapter to provide the
Township with standards defining and regulating peddling and soliciting.
These standards are intended to protect the safety and privacy of
the residents of West Manheim Township by regulating the behavior
and location of peddlers and solicitors and by limiting peddlers'
and solicitors' access to residents who do not wish to interact with
them.
As used in this chapter, the following terms shall have the
meanings indicated:
The sale, display or taking of orders by sample, or otherwise,
of goods, wares or merchandise, and such activities commonly known
as "huckstering," "peddling," "vending," "soliciting," "canvassing,"
or "panhandling."
A peddler's or solicitor's license issued by the designated
Township official in accordance with the provisions of this chapter.
Asking for money in a public place.
Any person engaged in peddling.
To engage in the peddling, soliciting, hawking, vending,
taking of orders (either by sample or otherwise), selling or offering
for sale commercial services, goods, wares, merchandise, printed matter
or food products, by visitation to private homes or residences without
the direct invitation of the inhabitants thereof, or on the public
streets or highways of the Township, provided the word "peddling"
shall not apply to farmers selling their own produce.
Any individual, joint venture, association, partnership,
trust, corporation, or other legal entity.
To engage in the solicitation or panhandling of any money
or gifts of any services, goods, wares, merchandise, or other articles
of value by visitation to private homes or residences without the
direct invitation of the inhabitants thereof, or on the public streets
or highway or within any public right-of-way.
Any person engaged in soliciting.
Any street, road, highway, alley, public right-of-way, and
shall include the median and sidewalk within the lines of, or alongside
of, the same.
Any person who is the owner or lawful occupant of private property
within the Township may prohibit the practice of going in or upon
the private property of such owner or occupant by peddlers or solicitors
by posting upon such property a sign which reads "No Peddling or Soliciting"
or substantially similar language in a location which is reasonably
visible to a person who intends to enter upon such property.
Peddlers and solicitors are prohibited from entering upon any
property that is posted with a "No Peddling or Soliciting" sign or
sign with similar language and may be prosecuted for trespassing.
If such sign is posted, the peddler or solicitor, whether licensed
in accordance with this chapter or not, shall immediately and peacefully
depart from the property.
No person shall engage in peddling or soliciting in the Township
of West Manheim without first having obtained a license, as more fully
set forth in this chapter.
A.
Every person
desiring to engage in a transient business in the Township shall first
make application to the Township for a license. The person making
such application shall have photo identification, give his name and
address, the name and address of the firm or corporation which he
is representing, the type of goods, wares or merchandise with which
the business will be involved, the length of time the license is being
applied for, the type of vehicle or vehicles which will be used, if
any, and the names and addresses of all those persons who will be
participating in such business in any manner within the Township.
B.
Every person
intending to engage in peddling or soliciting within the Township
shall make application for a license.
C.
No license
issued under this chapter shall be transferable from one person to
another.
D.
All licenses
issued by the Township shall be exhibited in clear view by the person
peddling or soliciting at all times, and shall not be altered or used
by any other person except the licensee.
E.
All licenses
shall expire after 90 days but may be renewed for an additional 90
days by written request to the Township.
The fee for such license shall be as established by resolution
of the Board of Supervisors.
The following shall apply to all persons engaging in peddling
or soliciting:
A.
There shall
be no calls made within the Township by physical presence upon a premises
except Monday through Saturday between the hours of 9:00 a.m. and
6:00 p.m., prevailing time.
B.
Any person
calling or appearing upon a premises shall carry the issued license
upon his person and shall exhibit such license, upon request, to all
police officers, Township officials or citizens occupying or owning
said premises.
D.
Physical
presence upon a premises prominently posted with a "No Soliciting
or Peddling" or similar sign shall be prohibited.
E.
Physical
presence upon a premises for peddling or soliciting for a period exceeding
five minutes after being asked to leave by anyone in possession thereof
shall be prohibited.
F.
No peddling
or soliciting, or any other activities, whether or not a license is
required, shall occur within any street or right-of-way.
A.
The Township
is hereby authorized to suspend or revoke any license issued under
this chapter for any violation of any provisions of this chapter,
or for giving false information upon any application for a license.
B.
The Township
is further authorized to refuse a license to any person with a prior
criminal record or to any person who would present threat of harm
or danger to the citizens of West Manheim Township.
A.
Persons
engaged in door-to-door canvassing on religious or political subjects,
or distributing religious or political handbills shall be exempt from
license requirements of this chapter. All such persons, however, shall
carry official identification, such as a driver's license, upon his
or her person at all times and shall exhibit it upon request of any
person who is the subject of the canvassing or distribution.
B.
The license
requirements may be waived by the Township for persons soliciting
or peddling on behalf of organizations of purely public charities,
such as local churches, scout troops, civic and service organizations,
fire companies, athletic organizations, and the like; provided, however,
that any such group must notify the Township in writing in advance
of any such peddling or solicitation, setting forth the dates peddling
or solicitation will take place within the Township, and request a
waiver.
C.
Nothing
in this chapter shall prohibit the placing of handbills or advertising
materials in or on exterior doors, so long as there is no attempt
to sell such product or service other than use of a handbill or advertising
materials.
Any person who violates any provision of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
