Township of Chartiers, PA Peddling and Soliciting

It shall be unlawful for any peddler, canvasser or transient merchant as defined in § 239-2 of this chapter to engage in any such business with the Township of Chartiers without first obtaining a permit therefore in compliance with the provisions of this chapter.

§ 239-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CANVASSER

Includes any person, whether a resident of the Township of Chartiers or not, who goes from house to house from place to place, or from street to street, soliciting or attempting to take orders from individuals for sale of goods, wares or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed at that time or in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders.

PEDDLER

Any person, whether a resident of the Township of Chartiers or not, who goes from house to house, from place to place or street to include placing or leaving flyers on mail boxes or at residences, conveying or transporting goods, wares, merchandise or offering or exposing the same for sale in any manner whatsoever, or making sales and delivering articles to purchasers.

SOLICIT

The act of going upon property or approaching people to ask or request monetary contributions, donations or support.

TRANSIENT RETAIL BUSINESS

Includes the following:

Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley sidewalk and/or public ground within the Township.

Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Township, on a temporary basis, including, but not limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or in advance of specific yearly holidays.

§ 239-3 Exemptions.

The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles; nor the acts of merchants or their employees in delivering goods in the regular course of business including the following:

For farmers selling their own produce;

For the sale of goods, wares and merchandise donated by the owners thereof, where the proceeds are to be applied to any charitable or philanthropic purpose;

For persons under the age of 18 years who take orders for and deliver newspapers, grass cutting, yard work, snow removal, pet watching, greeting cards, candy, sandwiches, bakery products and similar activities;

Boy Scouts or Girl Scouts and similar organizations;

Garage sales by residents;

Any insurance company;

All bona fide religious, charitable and political organizations, societies, associations or corporations shall be exempt from the application of this chapter so long as the principal purpose of their solicitation activities is the expression of religious, political or other philosophical beliefs, as opposed to the sale or distribution of goods and merchandise.

§ 239-4 Application.

Applicants for a permit under this chapter must file, in person, with the Designated Municipal Official of the Township of Chartiers, or other person designated by the DMO, a sworn application in writing on a form to be furnished by the Township. A processing fee to be determined by the Board of Supervisors shall be paid by the applicant and shall accompany the return of the application which shall provide the following information:

Present a valid photo driver's license or state photo identification card; no other form of identification will be accepted.

Name and physical description of applicant to include two-inch-by-two-inch color photographs.

All applicants must present a criminal background check conducted by the Pennsylvania State Police. If the applicant is not a resident of Pennsylvania, the applicant will provide a current (no older that one year) criminal background check from the state in which the applicant resides.

Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be mailed.

A statement as to whether or not the applicant or any canvasser have been convicted of a crime other than a summary offense and if so, the nature of the offense and the punishment assessed therefor.

A brief description of the nature of the business and the goods to be sold.

§ 239-5 Investigation; payment of fees; issuance of permit.

The Township of Chartiers Designated Municipal Official shall endorse on the application his/her approval and upon payment of the appropriate fee(s) shall deliver to the applicant his/her permit and Township's approved identification badge with photo enclosed, which shall be affixed to the outer clothing of the solicitor in a manner so as to be permanently displayed at all times during the course of solicitation;

The permit shall be issued upon filing of a completed application unless the Township informs the applicant, in writing and within five business days of the date of application is received by the Township, that the person is seeking to engage in unsafe, illegal, fraudulent, or criminal activity, has made a material misrepresentation on the permit application or is a home improvement contractor and has failed to register with the Pennsylvania Attorney General;

Permits shall expire at the end of each quarter year and the term during which a permit is valid and usable shall not exceed 92 days. Permits can be renewed for additional quarter-year terms, upon payment of the required fee; however, no permit renewal shall extend beyond the calendar year in which the original permit was issued. Any permit issued and the associated permit application information associated therewith shall expire at the end of each calendar year;

Fees shall be set by resolution of the Chartiers Township Board of Supervisors;

Permits of any nature are not transferable;

Hours: 10:00 a.m. to dusk, which, for the purposes of this subsection, is hereby defined as occurring 1/2 hour after sunset prevailing time, Monday through Saturday, no Sundays or holidays recognized by the United States or Commonwealth of Pennsylvania.

[Amended 10-24-2017 by Ord. No. 368]

No permittee shall be permitted to solicit within Township parks without the express consent of the DMO or the Director of Parks and Recreation;

All permittees are required to exhibit their permits at all times to any resident, police officer or any other designated Township official;

No-soliciting/peddling/canvassing list.

(1)

Township residents may post or display "No Soliciting/Peddling/Canvassing" or similar sign, not to exceed 80 square inches in size, on the front door of their dwelling or residence. It shall be a violation of this section for any peddler, solicitor, and/or canvasser to go upon any property that the owner or resident has posted a no soliciting/peddling/canvassing sign;

(2)

The Township Designated Municipal Official shall maintain a list of the addresses of Township residents who have notified the Designated Municipal Official in writing that they do not wish peddlers and or solicitors to enter upon their property. A copy of this No Soliciting/Peddling List shall be provided along with and as part of any identification card issued hereof. It shall be a violation of this chapter for a peddler and or solicitor to go upon any property listed on the No Peddling/Soliciting List.

§ 239-6 Revocation of permit.

The Board of Supervisors, or the Designated Municipal Official may, after notice, revoke any permit issued pursuant to the chapter for one or more of the following reasons:

Harassment of a resident in soliciting the sale of goods where a police report is filed, and/or soliciting after the hours stated in the chapter;

Failure to disclose a criminal conviction of the applicant after the permit is issued;

Determination by the DMO that the applicant has made a material misrepresentation on the application subsequent to the permit being issued.

§ 239-7 Transient retail business licenses.

License required. No person shall engage in any transient retail business in the Township without first obtaining a license from the Designated Municipal Official (DMO) and paying the applicable fees established, from time to time, by resolution of the Board of Supervisors. Time periods shall be established by the DMO, provided that the time period shall not exceed 30 days.

Application for license.

(1)

Every person desiring a license shall first make application to the DMO on a form established from time to time by the DMO.

(2)

The completed application for a license shall, at a minimum, contain the following information and/or documentation:

(a)

Name and address of applicant, including the present and permanent addresses.

(b)

Name and address of applicant's employer.

(c)

Present a valid photo driver's license or state photo identification card; no other form of identification will be accepted.

(d)

Type of goods, wares, or merchandise the applicant wishes to sell in such business.

(e)

(f)

A statement as to whether or not the applicant has been convicted of a crime other than a summary offense and if so, the nature of the offense and the punishment assessed therefor.

(g)

A copy of any required state or county license.

Issuance of license; custody, display or exhibit.

(1)

Upon receipt of such application and the prescribed fee, the Designated Municipal Official (DMO), if he/she shall find such application to be complete, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor.

(2)

The license holder shall carry such license upon his person while engaged in transient retail business in the Township, with an additional copy of the license displayed at the fixed location where the transient business is occurring. The license holder shall exhibit such license, upon request, to all police officers, Township officials and employees, and citizens of the Township.

Prohibited acts.

(1)

No transient business shall:

(a)

Be conducted on or within public property, public roads and right-of way, sidewalks, private roads, access drives or driveways.

(b)

Be conducted on or within setback areas, off-street parking areas and landscape/buffer areas established and required by Chapter 350, Zoning.

(c)

Involve loud noises or sound devices so as to be heard beyond the premises where the transient business is occurring or to cause a public nuisance.

(2)

No person or transient retail business shall:

(a)

Sell any product or type of product not mentioned in his/her license.

(b)

Hawk or cry his/her wares upon any of the streets, alleys sidewalks or public grounds in the Township.

(c)

Park any vehicle upon any of the streets or alleys in the Township for the purpose of sorting, rearranging or cleaning any of his/her goods, wares, or merchandise or disposing of any carton, wrapping, material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.

(d)

Be permitted to solicit/peddle or vend within Township Parks without the express consent of the Township Manager, DMO, and/or Board of Supervisors.

Hours. All licensed transient business activities shall be restricted to the following hours:

(1)

Between the hours of 9:00 a.m. to 9:00 p.m., prevailing time, including Saturdays and Sundays.

Denial, suspension and revocation of license; appeal. The Designated Municipal Official is hereby authorized to suspend or revoke any license issued under this section when he/she deems such suspension or revocation to be:

(1)

Beneficial to the public health, safety or morals;

(2)

For giving false information upon any application for license hereunder or to any Township official related thereto;

(3)

Any complaint from anyone in which a police complaint is filed;

(4)

Failure to disclose a criminal conviction of the applicant after the permit is issued;

(5)

Determination by the DMO that the applicant has made a material misrepresentation on the application subsequent to the permit being issued.

§ 239-8 Violations and penalties.

Any person, firm, or corporation or association who or which shall violate any provision of any chapter shall, upon conviction thereof, in a summary proceeding, be subject to a fine not exceeding $1,000 for each and every offense together with costs and attorney fees. Each and every day which such violation shall continue shall constitute a separate offense.