[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 6-28-1971 by Ord. No. 71-5. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling as herein defined.
- The selling or offering for sale of any goods, wares 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 within the Township of Upper Gwynedd.
- Any natural person, association, partnership, firm or corporation.
- The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, for services or home or property improvements of any description, for subscriptions or contributions, or for seeking appointments to accomplish said activities upon any of the streets or sidewalks or from house to house within the Township of Upper Gwynedd.
- Any person who engages in soliciting as herein defined.
- STREETS and SIDEWALKS
- Any public or private street or streets and any public or
private sidewalk or sidewalks or rights-of-way and any public or private
alley or alleys.[Added 3-26-1973 by Ord. No. 73-5]
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 Upper Gwynedd without first obtaining a permit from the Township Police Department.
[Amended 10-28-2013 by Ord. No. 2013-05]
Every person desiring to engage in soliciting or peddling in the Township of Upper Gwynedd shall first obtain an FBI criminal history summary check (frequently referred to as an "FBI background check"). The summary check must be submitted at the time of application. The applicant must then make application, under oath, with the Chief of Police of said Township. Upon such application, such person shall give his name, address, local address and phone number, sex, previous criminal record, if any; the name and address of the person for whom he works, if any; the type or types of article, device, subscription, contribution, service or contract which he desires to sell or for which he wishes to solicit within the Township; and the type and description of the vehicle he uses, if any, and its registration number. The applicant shall also attach a recent two-inch-by-two-inch color photograph. An individual permit shall be required for each helper or other person soliciting. No permit issued under this chapter shall be transferable from one person to another.
[Amended 4-22-1985 by Ord. No. 85-6]
No permit shall be issued under this chapter until the proper fee shall have been paid. The permit fee shall be set by resolution of the Board of Commissioners.
[Amended 10-28-2013 by Ord. No. 2013-05
Within 14 days after registering and successfully meeting all application requirements with the Township Police Department, as aforesaid, each solicitor or peddler shall be issued a permit. Unless he shall have been convicted of a crime involving moral turpitude, theft or other crime betraying public trust, he shall be permitted to solicit or peddle within the Township for the permitted period beginning on the date such permit is issued. Said permit period shall end on the expiration date thereof, not more than 30 days after issuance. A one-time thirty-day extension may be granted by the Chief of Police to solicitors deemed to have complied with all aspects of this chapter. Such permit shall not be transferable and shall be worn upon his person in plain view.
No solicitor or peddler shall engage in selling or offering for sale or in seeking or taking of orders or contracts for any goods, wares, merchandise, article, device, subscription, contribution, service or contract not mentioned upon such permit, nor shall any person use any vehicle for soliciting or peddling other than the vehicle registered upon his permit.
No person shall engage in soliciting or peddling at any time on Sunday or upon any other day of the week before 9:00 a.m. or after 5:00 p.m., except upon invitation from or an appointment with the resident.
No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts or service upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker or horn or any other device for announcing his presence.
No person engaged in soliciting or peddling shall park any vehicle upon any of the streets or alleys of the Township in order to sort, rearrange or clean any of his goods, wares or merchandise or samples, order books, contracts, circulars, literature or advertising matter pertaining thereto; nor may any person place or deposit any refuse upon any such streets or alleys; nor may any such person maintain or keep a street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the Township for longer than necessary in order to solicit from or peddle to persons residing in the immediate vicinity.
No person engaged in soliciting or peddling shall occupy any fixed location upon any of the streets or alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.
The Chief of Police shall keep a record of all registrations made under this chapter, and the Chief of Police shall supervise the activities of all holders of such permits.
The following persons are exempted from the permit requirements of this chapter:
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
Any honorably discharged soldier, sailor or marine of the military or naval service of the United States who is a resident of this commonwealth and who is unable to earn a livelihood by manual labor.
Persons soliciting contributions in behalf of organizations or nonprofit corporations exempted from the provisions of or duly registered pursuant to 10 P.S. § 162.1 et seq., the Solicitation of Funds for Charitable Purposes Act, as amended, who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
Persons 16 years of age or under shall not be required to register as hereinbefore provided.
Any permit hereinafter issued may be revoked by the Chief of Police of Upper Gwynedd Township upon the failure of the permittee to comply with the standards of conduct established in §§ 137-5, 137-6, 137-7, 137-8 and 137-9 of this chapter, or upon ascertainment that the permittee has made any false statements in the application for permit hereunder, or upon such permittee being arrested and convicted of any crime involving moral turpitude.
Any person whose permit has been revoked shall be entitled to appear, with counsel if desired, before the Board of Commissioners of Upper Gwynedd Township at a regular or special meeting and be heard in behalf of a request for reinstatement of said permit.
Each permit shall be issued in card form, shall be carried by the person for whose benefit it is issued, and shall contain the following: number of permit, fee paid, date of issue, expiration date, name, age, height, weight, name of employer, address and signature of holder. The reverse side of such permit shall contain any regulations then in effect and controlling the holder, as well as any conditions and/or limitations to which such permit is subject.
[Amended 4-22-1985 by Ord. No. 85-6]
Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15]
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
This section shall not preclude the Township from any other remedy it may have at law or equity.