[Ord. 03-05-01, 5/12/2003, § I]
1.
Findings. The New Britain Township Board of Supervisors has determined
that the safety and privacy of Township residents, particularly the
elderly, may be jeopardized by fraudulent schemes to sell goods and
services to Township residents, and that it is in the best interest
of the Township to differentiate between certain categories of peddlers
and solicitors.
2.
Purposes. It is the purpose and intent of this Part 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 New Britain Township by regulating the behavior of
peddlers and limiting peddler's access to residents who do not
wish to interact with them.
[Ord. 03-05-01, 5/12/2003, § II]
The following words shall have the following meanings when used
in this Part, unless the context requires otherwise:
Any person who shall engage in peddling or soliciting.
Engaging in the peddling, canvassing, soliciting, hawking,
vending, taking of orders, selling, or offering for sale of any 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.
[Ord. 03-05-01, 5/12/2003, § III]
Any person, firm or corporation who is the owner or lawful occupant
of private property within New Britain Township may prohibit the practice
of going in or upon the private property of such owner or occupant
by peddlers by posting upon such property a sign which reads "No Peddling
or Soliciting" in a location which is reasonably visible to persons
who intend to enter upon such property.
[Ord. 03-05-01, 5/12/2003, § IV]
Any and all peddlers are prohibited from entering upon any property
that is posted with a "No Peddling or Soliciting" sign and may be
prosecuted for trespassing.
[Ord. 03-05-01, 5/12/2003, § V]
1.
Every peddler shall, in the carrying on of his or her business activities
in the Township, comply with the following rules of conduct:
A.
The peddler 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 to whom the peddler is attempting to peddle
to.
B.
The peddler shall not enter or attempt to enter any dwelling house
or place of business without invitation or permission of the occupant
and shall immediately leave the premises upon request.
C.
The peddler shall only engage in peddling or soliciting within the
Township on Monday through Saturday during daylight hours. No peddling
shall be allowed on Sundays or on any State or federal holidays.
D.
The peddler shall not call out or shout to sell his or her services
or goods, nor shall the peddler use any loudspeaker or horn or other
device for announcing his or her presence by which the public is annoyed.
E.
The peddler shall not occupy any fixed location upon or along any
of the streets, alleys or sidewalks of the Township for the purpose
of peddling or soliciting, with or without any stand, counter or cart.
F.
The peddler shall not peddle in any Township park without first acquiring
a permit from the Township's Zoning Officer.
G.
The peddler shall not park any vehicle upon or along any of the streets,
alleys or sidewalks of the Township for the purpose of sorting, rearranging
or cleaning any of his or her goods, wares or merchandise or of disposing
of any carton, wrapping material or of any stock or wares or foodstuffs
that have become unsalable through handling, age or otherwise.
[Ord. 03-05-01, 5/12/2003, § VI]
1.
Any person or organization desiring to engage in peddling within
New Britain Township must first make application to the Police Department
of New Britain Township for a license. The Police Department may require
such information as the Chief of Police deems appropriate including,
but not limited to, fingerprinting, photograph, prior criminal record,
name of employer and type of solicitation being made to the public.
2.
Every person intending to peddle within New Britain Township shall
be required to file an application and obtain a license. No license
issued under this Part shall be transferable from one person to another,
and there shall be a three- to five-day waiting period between application
and issuance of license.
3.
All fees for peddling licenses shall be set by separate resolutions
of the New Britain Township Board of Supervisors.
4.
All licenses issued by the Police Department of New Britain Township
shall be exhibited in clear view by the person soliciting at all times,
and it shall not be altered or used by any other person except the
applicant and licensee.
[Ord. 03-05-01, 5/12/2003, § VII]
1.
Persons or organizations engaged in door-to-door canvassing on religious
or political subjects, or distributing religious or political handbills
shall be exempt from the license requirements of this Part. 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 to whom the peddler is attempting to solicit.
2.
The application, license and fee 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 notify the Chief
of Police, in writing, in advance of any such solicitation setting
forth the dates of solicitation within the Township.
[Ord. 03-05-01, 5/12/2003, § VIII]
The Chief of Police is hereby authorized to suspend or revoke
any license issued under this Part for any violation of any of the
provisions of this Part, or for giving false information upon any
application for license. The Chief of Police is further authorized
to refuse a license to any person with a prior criminal record and
to any other person who would present a threat of harm or danger to
the citizens of New Britain Township.
[Ord. 03-05-01, 5/12/2003, § IX; as amended by
Ord. 2007-02-01, 2/12/2007]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
conviction thereof in an action brought before a district justice
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 Part continues or each section
of this Part which shall be found to have been violated shall constitute
a separate offense.
