[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Pottsgrove as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-2023 by Ord. No. 364[1]]
[1]
Editor's Note: This ordinance also repealed Former Ch. 165, Art. I, Licensing, adopted 2-22-1979 by Ord. No. 68-A, as amended.
This article shall be known as the "Lower Pottsgrove Township Peddling and Soliciting Ordinance of 2023."
A. 
Findings. The Township has determined that the safety and privacy of Township residents, particularly children and the elderly, may be jeopardized by transient merchants soliciting or peddling goods or services to Township residents, and that it is in the best interest of the Township to differentiate between certain categories of transient merchants, including solicitors, peddlers, and canvassers, and to regulate their activities.
B. 
Purposes. It is the purpose and intent of this article to provide the Township with standards defining and regulating door-to-door soliciting, peddling, and canvassing. These standards are intended to protect the safety and privacy of the residents of the Township by regulating the activities of door-to-door solicitors, peddlers, and canvassers and by, among other things, limiting access to residents who do not wish to interact with solicitors, peddlers, or canvassers.
A. 
As used in this article, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares, merchandise, or services for prompt or immediate delivery.
PERSON
Any natural person, organization, business, association, partnership, firm, corporation, or nonprofit corporation.
SOLICITING
The activity of going onto the premises of other persons, without prior arrangement with the owner or occupant for the principal purpose of the sale or taking of orders for future sales of any type of tangible goods or to enter into any agreement for the provision of services or any combination of the sale of goods or provision of services, or the distribution of advertising circulars relating to the sale of goods or provision of services.
SOLICITOR
Any person who shall engage in soliciting as herein defined.
TOWNSHIP
Lower Pottsgrove Township, Montgomery County, Pennsylvania.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.
Any person who is the owner or lawful occupant of private property within the Township may prohibit the practice of going in or upon the private property of such owner or occupant by peddlers and solicitors by posting upon such property a sign which reads "No Peddling or Soliciting" in a location which is reasonably visible to persons who intend to enter upon such property.
All peddlers and solicitors are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign and may be prosecuted for trespassing.
Every peddler shall, in the carrying on of his business or activities in the Township, comply with the following rules of conduct:
A. 
The peddler or solicitor shall carry the license issued by the Township pursuant to this article and official identification, such as a driver's license, upon his person always and shall exhibit both upon request of any person to whom the peddler or solicitor is attempting to peddle or solicit to.
B. 
The peddler or solicitor shall not enter or attempt to enter any dwelling house or place of business without invitation or permission of the occupant and shall immediately leave the premises upon request.
C. 
The peddler or solicitor shall only engage in peddling or soliciting within the Township on Monday through Saturday during the hours of 9:00 a.m. to 5:00 p.m. eastern standard time. No peddling or soliciting shall be allowed on Sundays or on any state or federal legal holidays.
D. 
The peddler or solicitor shall not call out or shout to sell his services or goods, nor shall the peddler or solicitor use any loudspeaker or horn or other device for announcing his presence by which the public is annoyed.
E. 
The peddler or solicitor shall not occupy any fixed location upon or along any of the streets, alleys, sidewalks of the Township for the purpose of peddling or soliciting, with or without any stand or cart.
F. 
The peddler or solicitor shall not peddle or solicit in any Township parks or open space properties within the Township.
G. 
The peddler or solicitor shall not park any vehicle upon or along any of the streets, alleys, or sidewalks of the Township for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material or of any stock or wares or foodstuffs that have become unsaleable through handling, age or otherwise.
H. 
The peddler or solicitor shall not sell any product or type of product not mentioned in his application and license.
A. 
A license issued pursuant to this article shall not be issued to any person who:
(1) 
Has previously been found guilty of violating any provision of this article.
(2) 
Has been convicted, within the seven years preceding the date of the application for a license, of any theft or theft-related crime, fraud or any fraud-related crime, or any similar offense tending to show dishonesty of character.
B. 
A license issued pursuant to this article shall be suspended or revoked for any of the following reasons:
(1) 
Conduct by any license holder that constitutes a violation of this article.
(2) 
A license holder going upon premises either posted "No Peddling or Soliciting" provided for in this article.
(3) 
Conduct by any license holder while on private premises that constitutes a summary offense or criminal act, including, but not limited to, defiant trespass.
C. 
If a license issued pursuant to this article is revoked pursuant to this section, no administrative or other fees shall be refunded to the license holder.
It shall be unlawful for any person to engage in commercial or business solicitation, hawking, and/or peddling for the purpose of soliciting orders, sales, or subscriptions for any goods, wares, or merchandise, or for the purpose of soliciting or obtaining any business or commercial information, without first having registered with and obtained a license pursuant to this article from the Township.
A. 
Any person seeking such a license pursuant to this article, who is not exempt, shall submit a written application to the Township, on a form provided by the Township, containing the following information:
(1) 
The full name of the applicant.
(2) 
The place and date of birth of the applicant.
(3) 
The permanent address of the applicant.
(4) 
The address at which the applicant will receive notices pursuant to this article.
(5) 
The name and address of the applicant's employer or principal, if any, and the nature of the business activity thereof.
(6) 
The nature of the business or activity in which the applicant wishes to engage within the Township. This shall include what items the applicant is selling.
(7) 
A statement as to whether the applicant has been convicted in any jurisdiction of any crime and, if so, where, when, the nature of the offense and the punishment and the penalty imposed, therefore.
(8) 
A statement as to the name, address, and nature of employment of the applicant's previous two places of employment.
(9) 
A copy of the applicant's valid government-issued photo identification.
(10) 
Such other and further information as the Township may deem relevant and require from time to time.
B. 
The Chief of Police of the Township shall review such an application and, if approved, a license pursuant to this article shall be issued by said Chief of Police as hereinafter provided.
A. 
No license shall be issued pursuant to this article until the proper fee, as established from time to time by resolution of the Board of Commissioners, shall have been paid.
B. 
Persons who solicit contributions of money or collect money at any household, at any place of business and/or in the public streets or alleys for any charitable, religious, nonprofit or civic purpose, the permit therefor is to be issued without any fee being required for such religious, civic solicitations and charitable or other nonprofit solicitations, provided that such applicant makes such solicitations or collections only in conformity with the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
The following are exempt from the requirement to secure a license pursuant to this article when conducting activities consistent with this article:
A. 
Officers or employees of the Township, county, state or federal government, or any subdivision thereof, when on official business.
B. 
Charitable, religious, or nonprofit organizations or corporations which have received tax-exempt status pursuant to 26 U.S.C. § 501(c)(3), or other similar civic, charitable, or nonprofit organizations.
C. 
Representatives of political organizations and political candidates.
D. 
Activities and arrangements having prior consent of the occupant are exempt from the provisions of this article.
E. 
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
Upon making application therefor and paying the proper fee, as established herein, and upon successful completion of a Pennsylvania police background check, or current state background check, a license shall be issued pursuant to this article to each peddler or solicitor. Such license shall contain the information required to be given upon the application thereof. Every person to whom a license has been issued pursuant to the provisions of this article shall carry the license at all times, which shall be prominently displayed and visible to any person upon whom he shall call on or with whom he shall talk in carrying on the licensed activities.
The Board of Commissioners of the Township or its authorized agent shall keep a record of all licenses issued pursuant to this article, and the Chief of Police shall investigate periodically the activities of all holders of such licenses.
The Board of Commissioners of the Township or its authorized agent is hereby authorized to suspend or revoke any license issued pursuant to this article when it deems such suspension or revocation to be beneficial to the public health, safety, or morals or for violation of any of the provisions of this Article or for giving false information upon any application for a license pursuant hereto. Notice of suspension or revocation shall be given to the applicant in writing, mailed to the address provided on his application.
A. 
Any person who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
B. 
Any person found guilty of violating this article may not be issued a license for a period of two years from the date of violation. Upon a second offense, the person found guilty of violating this article shall be banned from further peddling or soliciting in the Township.
This article shall not be applied so as to place any undue burden upon interstate commerce with respect to any business or activity referred to herein. It is the intent of this article to protect the health, safety and welfare of the inhabitants of the Township and not to unduly regulate or control the proper conduct of any business or commercial property.