[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester 7-11-1977 by Ord. No. 7-11-77 (Ch. 72 of the 1988 Code). Amendments noted where applicable.]
This chapter shall be known and cited as the
"East Manchester Township Solicitors and Peddlers Ordinance."
A.
PEDDLER
PERSON
SOLICITING and PEDDLING
(1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
SOLICITOR
TOWNSHIP
As used in this chapter, the following terms shall
have the meanings indicated:
Any person who shall engage in peddling as hereinbelow defined.
Any natural person, association, partnership, firm, organization
or corporation.
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery or for subscriptions or contributions upon any of the streets or sidewalks, from house to house, by visitation to private residences or by entering in or upon private or public property within the Township and, further, the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations and also orders or contracts for any mechanical, electrical, plumbing or heating devices or equipment for houses or other building improvements or repairs upon or from the places aforesaid within the Township.
PEDDLINGThe selling or offering for sale of any goods, wares, services or merchandise for immediate delivery which the person selling or offering for sale carries with him/her in traveling or has in his possession or control upon any of the streets or sidewalks, from house to house, by visitation to private residences or by entering in or upon private property within the Township.
The words "soliciting" and "peddling" shall
not apply to:
Farmers seeking or taking orders for the sale
of their own products.
The seeking or taking of orders by any manufacturer
or producer for the sale of bread and bakery products, meat and meat
products or milk and milk products.
The sale of goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
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 the proper county
a certificate in pursuance of the act of Assembly.
The seeking or taking of orders by insurance
agents or brokers licensed under the insurance laws of the Commonwealth
of Pennsylvania for insurance.
Persons, corporations, partnerships and associations
or their agents or employees who have complied with the provisions
of the Act of Assembly of the Commonwealth of Pennsylvania of 1963,
P.L. 628, as amended,[2] governing solicitations for charitable, benevolent, patriotic
or other purposes.
Any person taking orders for merchandise from
dealers or merchants for resale to an ultimate consumer.
Any person who shall engage in soliciting as hereinabove
defined.
East Manchester Township.
[1]
Editor's Note: The military veterans exemption
provided for in 60 P.S. § 61, was repealed 1992 Nov. 24
by P.L. 717, No. 108, § 3.
[2]
Editor's Note: Said Act was repealed by 1986,
April 30, P.L. 107, No. 36, § 19. See now 10 P.S. § 162.1
et seq., "Solicitation of Funds for Charitable Purposes Act."
B.
In this chapter, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
A.
Every person desiring to engage in soliciting or peddling
in the Township shall first make application to the Secretary of the
Board of Supervisors for a license. If such person shall also be required
to obtain a license from any county officer, he/she shall, on making
such application, exhibit a valid county license.
B.
The application shall contain the following information
as verified by oath or affirmation:
(1)
The full name of the applicant and local address,
if any.
(2)
The applicant's permanent address.
(3)
The name of the applicant's employer or a statement
that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise
offered for sale.
(5)
A statement as to whether or not the applicant has
ever been convicted of any crime and, if the answer is in the affirmative,
the nature of the offense or offenses and the punishments imposed
therefor.
(6)
The type of vehicle to be used, if any.
(7)
Upon request, the applicant shall also submit to fingerprinting
and furnish a photograph.
C.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above
shall be given by him/her, and an individual license shall be required
for each helper. No license under this chapter shall be transferable
from one person to another.
[Amended 4-12-1988 by Ord. No. 4-12-88]
No license shall be issued under this chapter
until the fee as set forth from time to time by the Board of Supervisors
shall be paid to the Township Secretary, and it shall be for the use
of the Township.[1] A separate application shall be filed and a separate permit
fee shall be paid 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.
[1]
Editor's Note: The fee schedule is available in the Township
offices.
[Amended 4-12-1988 by Ord. No. 4-12-88]
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license, and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he/she shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods, not exceeding 12 in number, upon payment, in advance, of the license fee for each thirty-day period as provided in § 156-4.
Such license, when issued, shall state, inter
alia, the products to be sold or services to be rendered by the licensee.
Every solicitor or peddler shall at all times when engaged in soliciting
or peddling in the Township carry such license upon his person and
shall exhibit it upon request to all police officers, Township officials
and citizens. No solicitor or peddler shall engage in selling any
product or service not mentioned on such license.
No person licensed as a solicitor or peddler
under this chapter shall engage in soliciting or peddling on any day
of the week before 8:00 a.m. or after 8:00 p.m. During the time of
the year when Eastern standard time is effective, the aforesaid hours
shall be Eastern standard time, and during the time of the year when
daylight saving time is effective, the aforesaid hours shall be daylight
saving time.
No person licensed as a solicitor or peddler
under this chapter shall park any vehicle upon any of the streets,
highways or alleys of the Township in order to sort, rearrange or
clean any of his goods, wares, services or merchandise. No such person
shall place or deposit any refuse on any such streets, highways or
alleys. No such person shall maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in the Township
for any longer than necessary in order to sell therefrom to persons
residing in the immediate vicinity.
No person licensed as a solicitor or peddler
under this chapter shall occupy any fixed location upon any of the
streets, highways, alleys or sidewalks of the Township for the purpose
of soliciting or peddling with or without any stand or counter.
The Secretary shall keep a record of all licenses
issued under this chapter, and the Chief of Police shall apply daily
for a list of licenses issued hereunder since the previous day. The
Chief of Police shall supervise the activities of all holders of such
licenses.
Any license issued under this chapter may be
suspended or revoked at any time by the Secretary of the Township
upon proof being furnished to him/her that the application for the
license contained false information or that the applicant or licensee
was convicted of a crime involving moral turpitude after the issuance
of such license and that the licensee was convicted of disorderly
conduct under any law of the Commonwealth of Pennsylvania or any ordinance
of the Township. Any violation of the provisions of this chapter shall
be sufficient grounds for denial of the issuance of a license for
at least three years from the date of said violation.
No person licensed as a solicitor or peddler
under this chapter shall hawk or cry his wares or services upon any
of the streets or sidewalks of the Township, nor shall be/she use
any loudspeaker, bell, whistle or other device for announcing his
presence by which the public is annoyed.
[Amended 11-7-1988 by Ord. No. 12-13-88B; 5-14-1996 by Ord. No. 5-14-96; 2-19-1997 by Ord. No. 2-19-97A[1]]
Any person who violates any provisions of this
chapter shall commit a criminal offense, and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day of violation
shall constitute a separate offense, which shall be subjection to
prosecution as such. For purposes of this section, the Board of Supervisors
of East Manchester Township hereby appoints the Township Manager,
Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer
as authorized representatives, any one of whom, in addition to any
police officer with jurisdiction within the Township, may commence
and pursue enforcement proceedings pursuant to this section.
