[Adopted 11-21-2002 by Ord. No. 02-11]
A.
CANVASS
CANVASSER
CANVASSING
PEDDLE
PEDDLER
PEDDLING
PERSON
SOLICIT
SOLICITING
SOLICITOR
For the purposes of this Part 5, the following terms shall have the
meanings set forth below, unless a different meaning clearly appears
from the context:
The act of going upon property or approaching people to discuss
or explain issues, which shall include religious proselytizing, exercising
an individual's freedom of speech or campaigning for political
votes, that does not include the request for contributions or donations
or the sale of goods or products.
A person who engages in canvassing.
To canvass.
The act of going upon property or approaching people to sell
goods or products.
A person who engages in peddling.
To peddle.
Any natural person, corporation, association or organization.
The act of going upon property or approaching people to ask
for, request or seek monetary contributions, donations or support.
To solicit.
A person who engages in soliciting.
B.
The singular shall include the plural, and the masculine shall include
the feminine and neuter.
[Amended 8-8-2015 by Ord.
No. 15-07]
A.
It shall be unlawful for any person to go upon residential property
within Jackson Township to peddle and/or solicit Township residents
by knocking upon residential doors or by ringing doorbells or otherwise
so as to cause or attempt to cause residents to open their doors,
unless the person doing the peddling and/or soliciting activity has
first registered at the Municipal Building and has received a solicitation
permit from the Jackson Township Municipal Office.
B.
No solicitation permit shall be issued to a peddler or solicitor
unless the following information is given by the applicant:
(1)
Full identification, including proof thereof by voter's registration
card, vehicle operator's license or some other accepted method
of identification containing the applicant's photograph, residence
and office address.
(2)
The name of the organization for which the applicant is peddling
and/or soliciting, together with the address of that organization.
(3)
The length of time the peddling and/or soliciting is to be carried
on.
(4)
Any criminal record which the applicant may have.
[Amended 8-8-2015 by Ord.
No. 15-07]
Peddlers and/or solicitors regulated by this Part 5 shall carry
their solicitation permit, which shall be issued by the Municipal
Office without charge, at all times while peddling and/or soliciting
within the Township and shall show their solicitation permit to residents
in order to identify themselves prior to any actual peddling and/or
soliciting activities of funds.
All peddling, soliciting and/or canvassing activities shall,
in the case of residential door-to-door or house-to-house calling,
be restricted to the following hours:
[Amended 3-17-2005 by Ord. No. 05-02; 8-8-2015 by Ord. No. 15-07]
The Chief of Police or his designee is hereby authorized to
deny, suspend or revoke any solicitation permit issued under this
Part 5 for violation of any provision of this Part 5 or for giving
false information upon any application for a solicitation permit hereunder.
Appeals from any suspension, revocation or denial of a solicitation
permit may be made to the Board of Supervisors at any time within
10 days after such suspension, revocation or denial, and a hearing
shall be held within 30 days of the petition for appeal. No part of
a solicitation permit fee shall be refunded to any person whose solicitation
permit shall have been suspended or revoked.
[Amended 8-8-2015 by Ord.
No. 15-07]
Soliciting shall be permitted at any business establishment
and upon any business properties, such as shopping center parking
lots, during normal business hours, as long as the solicitors receive
written permission from the owner of the subject business or property
and comply with the registration, solicitation permit and hour restrictions
referenced in this Part 5.
A.
Township residents may post or display "No Soliciting/Peddling/Canvassing"
or similar signs, not to exceed 80 square inches in size, on the front
door of their dwelling or residence. It shall be a violation of this
Part 5 for any peddler, solicitor and/or canvasser to go upon any
property that the owner or resident has posted a No Soliciting/Peddling/Canvassing
sign.
B.
The Municipal Office shall maintain a list of the addresses of Township
residents who have notified the Municipal Office in writing that they
do not wish peddlers and/or solicitors to enter upon their property.
A copy of this No Soliciting/Peddling List shall be provided along
with and as part of any solicitation permit issued under this Part
5. It shall be a violation of this Part 5 for a peddler and/or solicitor
to go upon any property listed on the No Soliciting/Peddling List.
[Amended 8-8-2015 by Ord.
No. 15-07]
[Amended 8-8-2015 by Ord.
No. 15-07]
Any individual, firm, corporation or entity who violates, causes or permits the violation of any provision of this Part 5 by peddling and/or soliciting without a solicitation permit or who violates this Part 5 shall be subject to a criminal fine of not less than $100 nor more than $1,000 per violation, plus court costs, including reasonable attorney fees incurred by the Township, and to imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part 5 found to have been violated. Enforcement of this Part 5 shall be by action brought before the Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. In addition to any other remedy available under law, the Township may enforce this Part 5 by an action in equity. All fines and penalties collected for violation of this Part 5 shall be paid to the Township Treasurer. The initial determination of ordinance violation and the service of notice of violation are hereby delegated to the Township Manager, the Police Chief, the Building Inspector, the Code Enforcement Officer and their designees and to any other officer or agent that the Township Manager or the Board of Supervisors shall deem appropriate.