[HISTORY: Adopted by the Board of Supervisors
of the Township of East Bradford 5-11-1972 by Ord. No. 24; amended
in its entirety 1-11-1994 by Ord. No. 152-1994. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 49.
No person, association, partnership, firm or
corporation shall, either directly or indirectly, sell goods, wares,
merchandise, magazines, periodicals, foods or other personal property
by hawking, peddling or soliciting for contributions in East Bradford
Township without first having registered with the Township Manager
and obtained a license from the township.
A.
Any person desiring to engage in hawking, peddling
or soliciting shall submit a written application to the Township Manager
on a form to be furnished by the township, accompanied by two photographs
(two inches by three inches minimum, three inches by four inches maximum,
head and shoulders) of himself, taken within six months prior to the
date of the application. Two forms of identification must be presented,
one being a photo identification.
B.
The applicant must state in such written application
his name, age, birth date, sex, social security identification number,
home address, home telephone number, business address, telephone number,
the name, address and Pennsylvania sales tax identification number
of the employer or organization, if any, and/or federal tax identification
number, for which he desires to undertake the activities which require
this license, the length of time he wishes to engage in this work,
the make and type of vehicle, if any, he will use, its registration
number, his driver registration number, a certificate of automobile
liability coverage and whether he has ever been convicted of a felony,
misdemeanor or a crime of any kind and the jurisdiction in which such
offense occurred.
C.
A letter of introduction must be included from the
employer or organization, on his letterhead (no copies), stating the
name of the person representing his company who is applying for the
license, the product(s), services or group that he will be representing
and any guaranties that will be represented.
D.
In addition thereto, the application shall contain
the signature of the employer as well as of the applicant and shall
contain therein the stipulation and agreement on the part of the employer,
in consideration of the issuance of such license or permit, to become
liable for any and all acts of such applicant while within East Bradford
Township, in violation of law or otherwise.
E.
A license will not be issued to any person who has
been convicted of a felony, misdemeanor or a crime of any kind involving
moral turpitude, and such person shall not be allowed to engage in
hawking, peddling or soliciting in the township.
F.
A license will be valid for six months from the date
on which it is issued. Such card may not be transferred from one person
to another and shall be considered a personal license. A license may
be renewed upon payment of the fee herein provided for and amendment
of the original application to reflect any changes necessary in the
information.
G.
Every person engaged in hawking, peddling and soliciting
in East Bradford Township shall pay a registration fee in accordance
with a fee schedule adopted by the Board of Supervisors.
[Amended 9-13-2011 by Ord. No. 3-2011]
H.
The Township Manager shall be informed, in writing,
of any change in such information supplied as aforesaid during the
period for which such license has been issued.
Every person to whom a license has been issued
herein shall, in the conduct of his activity, comply with the following
standards of conduct:
A.
He shall carry his license card at all times and exhibit
it upon request to any police officer or representative of the township
and to any person upon whom he shall call or with whom he shall talk.
B.
He shall not permit any other person to have possession
of his license card and shall immediately report its loss to the Township
Manager. He shall not cause or permit his license card to be altered
or defaced.
C.
He shall not enter or attempt to enter any dwelling,
residence or apartment without invitation or permission of the occupant
and shall immediately leave any premises upon request to do so.
D.
He shall not represent his license card to be an endorsement
by the township of himself or of his goods or services or the goods
or services of his principal or employer.
E.
He shall immediately surrender his license card to
the Township Manager upon revocation or expiration thereof.
F.
He shall not conduct any business except between the
hours of 9:00 a.m. and 8:30 p.m., prevailing time, Monday through
Saturday, inclusive, and 12:00 noon to 6:00 p.m., prevailing time,
Sunday. Such activities at any other time are hereby expressly declared
unlawful.
A.
Promptly upon receiving any application for a license
for hawking, peddling or soliciting within the township, the Township
Manager shall cause such application and applicant to be investigated
by the Police Department. In the event that such investigation should
indicate that the applicant has been convicted of a crime in any jurisdiction
within the past 25 years, the Township Manager shall have and is hereby
given the power and authority to refuse to issue such permit. In any
instance where the Chief of Police should deem it necessary or advisable
to secure and check the fingerprints of any such applicant, refusal
of such applicant to voluntarily furnish such fingerprints shall constitute,
in and of itself, sufficient and valid grounds for refusal to issue
such permit.
B.
For approved applicants, the Township Manager will
issue a license card, to which one of the applicant's photographs
will be affixed, to the applicant within 15 days from the filing of
the application.
C.
Permit applications shall be processed as quickly
as practical and shall either be granted or denied within 15 days
of receipt of the application.
Any license hereafter issued may be revoked by the Board of Supervisors or Township Manager if the license holder fails to comply with the standards of conduct contained in § 62-3 hereof or following a determination that the holder has made a false statement in his application.
Any person whose license has been revoked shall
be entitled to appear, with counsel, if he so desires, before the
Board of Supervisors at the next regular or special meeting and be
heard in behalf of a request for reinstatement. The Board of Supervisors
shall hear the appellant at that time if the appellant has given the
Supervisors at least five days' notice of his desire for a hearing.
Otherwise, the Supervisors may hear the appellant at that time or
may decline to hear the appellant at that time, in which case it shall
schedule a hearing within 20 days.
This chapter shall not apply to boys or girls
under the age of 16 years who take orders for and deliver newspapers,
greeting cards, candy and the like or who represent the Boy Scouts
and Girl Scouts or similar organizations and take orders for and deliver
cookies and the like.
Any person licensed under this chapter or exempt under § 62-6 hereof shall not occupy any fixed location upon any private property, street or alley of the township for the purpose of engaging in the business aforesaid, with or without any stand or counter, except with the prior approval of the property owner and township. Notwithstanding any such prior approval, the police, Township Manager or their authorized designee may require any such licensee to abandon any location which is hazardous to traffic or passerby or which otherwise significantly obstructs the movement of traffic or passersby or otherwise upon the request of the owner of any location on which such person is situate.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes both male and female; the plural as well as the
singular; and partnerships, corporations, joint ventures or any entity
whatsoever.
Any person violating or permitting the violation
of any of the provisions of this chapter shall, upon being found liable
therefor in a criminal enforcement proceeding, pay a fine of not more
than $1,000 nor less than $25, together with court costs and reasonable
attorneys fees, and may be incarcerated for a period not exceeding
90 days. Such fine, costs, attorney fees and incarceration, after
being reduced to a final, unappealed judgment, shall be enforced by
the township pursuant to the applicable rules of criminal procedure.
Each day of violation shall constitute a separate violation.
[1]
Editor's Note: This ordinance further provided
that "the term 'reasonable attorneys fees' shall mean all those attorneys
fees incurred by the township in bringing an action to enforce the
Code and collect fines and penalties in connection therewith and shall
be at that hourly rate annually approved by the Board for the Township
Solicitor."
