[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.]
[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.
PEDDLER
PEDDLING and SOLICITING
(1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
PERSON
SOLICITOR
As used in this chapter, the following terms shall
have the meanings indicated:
Any person who shall engage in peddling as herein defined.
PEDDLINGThe 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.
SOLICITINGThe 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.
The words "soliciting" and "peddling" shall
not apply:
To farmers seeking or taking orders for the
sale of their own products.
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.
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.
To the seeking or taking of orders by insurance
agents or brokers licensed under the insurance laws of the Commonwealth
of Pennsylvania for insurance.
To any person taking orders for merchandise
from dealers or merchants, for resale to an ultimate consumer
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.
To persons engaging in door-to-door advocacy
of political or religious causes, which advocacy may include the distribution
of handbills.
Any natural person, association, partnership, firm, organization
or corporation.
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.
[Added 7-24-2019 by Ord. No. 687[1]]
A.
The Police
Department of the Township of Hatfield shall maintain a periodically
updated Do Not Knock List of Township residents who do not wish to
have any person, entity or association appear at their residence at
any time to sell or offer for sale any good, ware, commodity, merchandise
or service to any person located therein.
B.
The Chief
of Police, or his designee, shall keep a record of those who wish
to be listed on the Do Not Knock List.
C.
The Police
Chief, or his designee, shall promulgate regulations for the management
of the Do Not Knock List; the distribution of the Do Not Knock List
to peddling and soliciting licensees; notice and access of the Do
Not Knock List regulations on the Township's website; and enforcement
procedures for violations of the Do Not Knock regulations.
D.
Persons,
entities or associations who sell or offer for sale any good, ware,
commodity, merchandise or service to a person, or at an address, on
the Do Not Knock List shall be in violation of this chapter, and,
in addition to all other penalties set forth in this chapter, shall
have his/her/its peddling and soliciting license immediately revoked.
[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.
