[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hempfield 7-3-1984 as Ch. 13, Part 2, of the 1984 Code. Amendments noted
where applicable.]
It shall be unlawful for any individual to solicit funds, peddle, canvas
or take orders, either by sample or otherwise, for any goods, wares or merchandise
upon any street, alley, sidewalk or public place or from house to house in
West Hempfield Township without first obtaining a license as provided herein,
except that no license shall be required from the following:
A.
Farmers selling their own products.
B.
Persons soliciting funds or selling goods, wares or merchandise
donated by the owner thereof, where the funds or the proceeds of sale are
to be applied exclusively for a charitable or philanthropic purpose.
C.
Representatives and members of Boy Scouts of America,
Girl Scouts of America, Lions, Rotary, Kiwanis, American Association of Retired
Persons, Disabled American Veterans, Young Women's Christian Association (YWCA)
and Young Men's Christian Association (YMCA), Young Women's Hebrew Association
(YWHA) and Young Men's Hebrew Association (YMHA), Red Cross, Salvation Army
and other national and international service organizations and associations
existing for the benefit of young, aged, handicapped or stricken persons and
soliciting or selling for the purpose of self-perpetuation and which may be
registered as charitable organizations with the state or federal government.
D.
Manufacturers or producers of bread and baking products,
meat and meat products or milk or milk products who sell their own products.
E.
Insurance and real estate agents and brokers licensed
by the Commonwealth of Pennsylvania.
F.
School children selling goods, wares or merchandise where
the funds or proceeds of the sale are to be applied exclusively for a function
or organization sponsored or approved by the school which such children attend.
G.
Any honorably discharged soldier, sailor or marine of
the military service who complies with the Act of Assembly of the Commonwealth
of Pennsylvania of 1867, April 8, P.L. 50, as amended,[1] who procures from the Prothonotary of any court in this commonwealth
a certificate in compliance with said Act of Assembly.
[1]
Editor's Note: See 60 P.S. § 61.
H.
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
Every individual desiring to engage in those acts prohibited in § 99-1 of this chapter and not exempted thereby must obtain a license from the Township Police Department.
A.
To obtain a license, individuals must complete a written
application which shall contain such information as is reasonably required
by the Township Police Department, shall permit the Township Police Department
to photograph the individual for the purpose of identification and shall pay
a fee as shall be set forth from time to time by resolution of the Board of
Supervisors.[1]
B.
Following the completion of such application, the Township
Police Department shall have 72 hours to investigate the applicant and to
grant or deny the license.
C.
The Chief of Police of West Hempfield Township or his
authorized Deputy may refuse to issue a license in cases where investigation
shall disclose a criminal record or any false or misleading statement on the
application. The appeal on refusal to issue a license shall be made within
10 days to the Board of Supervisors of West Hempfield Township by filing written
notice of appeal with the Secretary of the township. The Board of Supervisors
shall thereafter hold a hearing and render a decision on the refusal to issue
a license pursuant to the provisions of the Act of April 28, 1978, P.L. 202,
No. 53, 2 Pa.C.S.A. § 551 et seq., known as the "Local Agency Law."
D.
The Chief of Police or his authorized Deputy is hereby authorized to suspend or revoke any license issued under this chapter when he or she deems such suspension or revocation to be in the interest of the public health, safety or morals or for the violation of any of the provisions of this chapter or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection C of this section.
E.
The license shall be dated and signed by the Chief of
Police or his authorized Deputy and shall be valid for the period of time
desired by the applicant, not to exceed 30 days. The license shall be in the
individual's possession while engaged in solicitation and shall be exhibited
upon request to all police officers, township officials and residents of the
township.
F.
The license shall permit an individual to engage in the acts described in § 99-1 of this chapter only between the hours of 9:00 a.m. and 9:00 p.m., except by prior appointment, Monday through Saturday.
G.
No license issued under this chapter shall be transferable
from one person to another.
H.
A separate application shall be filed 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.
A.
The license granted pursuant to this chapter shall be
valid for 30 days after the date such license is issued, 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 license.
B.
Such licenses may be issued in advance for consecutive
thirty-day periods not exceeding six in number.
[Amended 12-7-1993 by Ord.
No. 9-93; 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
For each violation of the provisions of this chapter, any person who
commits, takes part in or assists in any such violation shall be liable, upon
conviction thereof in a summary proceeding, to pay a fine of not less than
$200 nor more than $1,000 for each offense, together with the costs of prosecution.
Each day or portion thereof in which a violation exists shall be considered
a separate violation of this chapter, and each section of this chapter which
is violated shall be considered a separate violation. In default of payment
of such fine, such person shall be liable to imprisonment for a period not
exceeding 30 days.[1]
[1]
Editor's Note: Former § 206, which listed license fees and
which immediately followed this section, was deleted at time of adoption of
Code; see Ch,. 1, General Provisions, Art. I.
