[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 12-10-1992 by Ord. No. 581. Amendments
noted where applicable.]
Hereinafter it shall be unlawful for any person,
firm or corporation, whether as a principal or agent, to commence
or to do a transient retail business for the sale of any goods or
merchandise whatsoever through the leasing or occupying of any structure
in the Township of Nether Providence for the exhibition or sale of
such goods or merchandise, or house-to-house merchandising of any
kind, or for the taking of orders for goods or merchandise to be delivered
at a subsequent date, without first procuring a license so to do from
the Township Manager. All peddlers, hawkers, hucksters, vendors, agents,
solicitors, canvassers, salespeople and distributors not engaged in
interstate commerce and not acting for a purely public, charitable,
religious or educational purpose shall first procure a license from
the Township Manager and shall pay a fee per year as set forth by
resolution of the Board of Commissioners from time to time,[1] which license shall be valid for the remainder of the
calendar year during which the license is issued.
A.
It shall be unlawful for any person to sell or peddle, either with
or without a vehicle, any goods or merchandise, produce or articles
or services of whatever kind or to do or perform anything of a commercial
nature utilizing the streets or the rights-of-way of the Township
therefor or to canvass or solicit money, gifts or contributions for
any purpose other than for a purely public, charitable, religious,
educational or political purpose unless and until the sale or solicitation
shall be registered with the Manager of the Township of Nether Providence
by giving the name, address, business, principal and purposes of such
sale or solicitation as well as to supply any other information as
may be required which may assist the Police of the Township of Nether
Providence in the regulation and safeguarding of health and property.
In addition, each and every person who makes application or has an
application submitted on his or her behalf to register such solicitation
shall obtain a criminal history record check from the Pennsylvania
State Police through the Pennsylvania Access to Criminal History system
and submit the results thereof to the Township along with the application.
The costs of said criminal history record check shall be paid for
by the applicant. The solicitation shall not be approved and registered
for any person who has been convicted of a felony or any misdemeanor
where that misdemeanor relates to public safety or otherwise demonstrates
that the applicant is not fit to enter onto the properties of residents
for the purposes of solicitation.
[Amended 3-22-2018 by Ord. No. 799]
B.
The aforementioned activities of this section requiring registration
with the Manager of the Township of Nether Providence may be conducted
only from 9:00 a.m. to 7:00 p.m., Monday through Saturday, and are
prohibited at all other times, provided further that solicitations
in a residentially zoned area whether for contributions of money,
goods or services to be utilized for a public, charitable, religious,
educational or political organization or purpose or for any other
purely public, charitable, religious, educational or political purpose
may be conducted from 9:00 a.m. to 9:00 p.m. Said time-of-day limitations
and registration requirements shall not apply to boys or girls under
16 years of age who take orders for and deliver newspapers, greeting
cards, candy and the like or who represent the Boy Scouts, Girl Scouts
or similar organizations.
[Amended 4-12-2012 by Ord. No. 763; 3-22-2018 by Ord. No. 799]
C.
Limitation of license. Nothing herein is intended
to permit any holder of a license to create a nuisance or to establish
a danger to the health or safety of persons or property within the
Township of Nether Providence or to establish or use the sidewalks
of the Township as a place of business. The general use of the sidewalks
as a principal place of business for sales purposes is forbidden.
Licenses granted to individuals are not transferable.
Nothing herein is intended to permit or authorize
the canvassing or soliciting of sales or service upon private property,
that is, residences, apartments or business establishments, in the
Township of Nether Providence without first obtaining the permission
or by actual or tacit invitation of the owners or occupants of the
property to enter upon the property for the purpose of canvassing
or soliciting the sale of goods or merchandise or services. Such activity
without such permission or invitation is declared to be a violation
of this chapter.
A.
Every person desiring to secure the protection of
the regulations contained in this section shall comply with the following
requirements:
(1)
Notice of the determination by the occupant of giving
invitation to solicitors or the refusal of invitation to solicitors
to any residence shall be given by notice posted on the premises in
the manner following: "ONLY SOLICITORS REGISTERED IN NETHER PROVIDENCE
TOWNSHIP INVITED" or "NO SOLICITORS INVITED."
(2)
The letters shall be at least two inches in height.
For the purpose of uniformity, the cards shall be provided by the
Township to persons requesting them, at the cost thereof.
(3)
Such card so exhibited shall constitute sufficient
notice to any solicitor of the determination by the occupant of the
residence of the information contained thereon.
B.
It shall be the duty of every solicitor, upon going onto any premises in the Township on which a residence is located, to examine and look for the notice provided for in Subsection A of this section, if any is posted, and be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS REGISTERED IN NETHER PROVIDENCE TOWNSHIP INVITED," then any solicitor not possessing a valid certificate of registration shall immediately and peacefully depart from the premises; and if the notice states "NO SOLICITORS INVITED," then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.
C.
Any solicitor who has gained entrance to any residence,
whether invited or not, shall immediately and peacefully depart from
the premises when requested to do so by the occupant.
D.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of Subsection A of this section.
Licenses are subject to revocation upon the
violation of any section of this chapter. The revocation by the Manager
of the Township of Nether Providence may be for the remainder of the
license year and may also contain a prohibition of the issuance of
a license to the person whose license has been revoked for such period
of time in the future as the Board of Commissioners of the Township
of Nether Providence may determine.
Nothing herein is intended to be applied to religious, charitable, educational or philanthropic institutions, but all such persons or organizations must nevertheless register with the Manager of the Township of Nether Providence and furnish the information as provided in § 185-2 hereof. Failure to register may result in penalties as set forth in § 185-7 hereof.
The Board of Commissioners of the Township of
Nether Providence may, by resolution, authorize the issuance of a
license for the conduct of certain events in the Township of Nether
Providence by application of the sponsor thereof, which events anticipate
the sale of merchandise by numerous salespersons during a specified
and limited day or days, utilizing the streets or sidewalks of the
Township of Nether Providence. The fee therefor shall be as established
by resolution of the Board of Commissioners of the Township of Nether
Providence.
In addition to the penalty of revocation, any violation of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations. Each day of continuation of the violation of the terms of this chapter shall be deemed a separate offense.
