Township of Hatfield, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Hatfield 6-2-1958 by Ord. No. 43 (Ch. 13, Part 3, of the 1994 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 184.
Peace and good order — See Ch. 199.
[Amended 4-8-1968 by Ord. No. 182; 7-9-1973 by Ord. No. 43-A; 5-10-1995 by Ord. No. 420F; 8-24-2005 by Ord. No. 538]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as herein defined.
(1) 
The selling or offering for sale of any goods, wares, services, or merchandise for immediate delivery which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property within the said Township.
(2) 
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property within the Township of Hatfield, and shall further mean the seeking or taking of contracts or orders for home or other building repairs; improvements and alterations; and also orders or contracts for any mechanical, electrical, plumbing, or heating device or equipment for house; or other building improvements or repairs upon or from the places aforesaid within the said Township. Soliciting shall also be deemed to include any and all vending trucks doing business within Hatfield Township.
(3) 
The words "soliciting" and "peddling" shall not apply:
(a) 
To farmers seeking or taking orders for the sale of their own products.
(b) 
To the seeking or taking of orders by any manufacturer or producer with a principal place of business within the Township of Hatfield for the sale of bread, bakery products, meat products, milk or milk products. In addition thereto, the words "soliciting" and "peddling" shall not apply to any owner or employee of a mobile catering service selling such items as cigarettes and food products to small industries or construction businesses where the permission has been granted to conduct said activity by the management of industry or construction workers involved therein.
(c) 
To the sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purposes.
(d) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(e) 
To any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer
(f) 
To persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1935, P.L. 644, as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.
(g) 
To persons engaging in door-to-door advocacy of political or religious causes, which advocacy may include the distribution of handbills.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
B. 
In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township of Hatfield without first having taken out a license as herein provided.
[Amended 8-24-2005 by Ord. No. 538]
Every person desiring to engage in soliciting or peddling in the Township of Hatfield shall first make application to the Police Department of Hatfield Township for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. The said application shall be upon a blank provided by the Police Department and shall contain at least the following information verified by oath or affirmation:
A. 
Full name of the applicant and local address, if any.
B. 
Permanent address.
C. 
Name of employer or a statement that such applicant is self-employed.
D. 
The nature of the goods, wares, services or merchandise offered for sale.
E. 
A Criminal History Request Form - SP - 164 completed by the Pennsylvania State Police Central Repository or a Criminal History Record from the Pennsylvania Access to Criminal History (PATCH) System (the applicant will be responsible for any fees associated with obtaining the records).
F. 
The type of vehicle to be used, if any.
G. 
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph, provided that, where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
[Amended 4-8-1968 by Ord. No. 182; 5-18-1978 by Ord. No. 43-B; 2-12-1992 by Ord. No. 43-C; 9-28-1994 by Ord. No. 420; 3-26-2014 by Ord. No. 649]
Licenses shall be issued under this chapter for an initial period of one month for an amount to be established by resolution from time to time by the Board of Commissioners, which shall be paid to the Township Police Department and shall be for the use of the Township. Subsequent license renewals may be made for periods of one or more months at a rate to be established by resolution from time to time by the Board of Commissioners. A separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the soliciting or peddling and shall apply where an employer desires to secure licenses for his employees, agents or servants.
[Amended 9-28-1994 by Ord. No. 420]
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued in advance, for consecutive thirty-day periods, not exceeding 12 in number, upon payment, in advance, of a fee to be established by resolution from time to time by the Board of Commissioners as provided in § 202-4.
Such license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall, at all times when engaged in soliciting or peddling in the Township of Hatfield, carry such license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.
[Amended 9-28-1994 by Ord. No. 420; 3-26-2014 by Ord. No. 649]
Any person licensed as a solicitor or peddler under this chapter may engage in soliciting or peddling on any day of the week between 9:00 a.m. and 7:00 p.m.
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways, or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such street, highway or alley; nor shall any person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.
The Police Department shall keep a record of all licenses issued under this chapter. The Chief of Police shall supervise the activities of all holders of such licenses.
[Amended 9-28-1994 by Ord. No. 420; 5-10-1995 by Ord. No. 420F]
Any license issued under this chapter may be suspended or revoked and any application may be denied at any time by the Police Department of the Township of Hatfield upon information being furnished to said Police Department that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude or that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township of Hatfield.
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of the Township nor shall he use any load speaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
[Amended 4-8-1968 by Ord. No. 182; 9-28-1994 by Ord. No. 420]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
[Added 5-10-1995 by Ord. No. 420F]
Where the provisions of this chapter are inconsistent with the provisions of any other ordinance or regulation, the provisions of this chapter shall prevail. To the extent that any prior ordinance or regulation is inconsistent with the provisions of this chapter, said prior ordinance or regulation is hereby revoked and rescinded.
[Added 5-10-1995 by Ord. No. 420F]
If any provision of this chapter is held to be unconstitutional, preempted by federal or state law or statute or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated.