Township of Warminster, PA
Bucks County
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[1]
Editor's Note: Original Part 2, Charitable Fund Solicitation, adopted by Ord. 325, 5/7/1977, as amended, was repealed by Ord. 737, 1/19/2017.
[Ord. 741, 11/16/2017]
1. 
Every person engaging in door-to-door solicitation in Warminster Township shall obtain an appropriate permit prior to entering into or beginning door-to-door soliciting.
2. 
For purposes of this Part 2, door-to-door solicitation shall include the house-by-house, building-by-building or location-by-location sale, attempted sale or promotion of any goods, wares, products, publications or merchandise of whatever kind. Door-to-door solicitation shall not include the sale of fresh produce or food products by an active farmer or the sale of goods, wares, products, publications or merchandise by charitable, educational or philanthropic organizations. Canvassing for political purposes or door-to door solicitation unrelated to commercial purposes shall not be considered door-to-door solicitation under this Part 2.
3. 
Door-to-door solicitation permits shall be issued by the Warminster Township Police Department. Permits are nontransferable. Each individual within an organization performing door-to-door solicitation must apply for a permit in person at the Police Department and must be granted a permit in order to engage in door-to-door solicitation in the Township.
4. 
Every permittee shall be issued a Township identification badge by the Warminster Township Police Department once an application for a door-to-door solicitation permit is approved. The identification badge shall include, at a minimum, the full name and a photograph of the permittee. Permittees must openly display the identification badge at all times when conducting door-to-door solicitation.
5. 
Township residents may obtain a "No Solicitation" sign from the Township, or may post such other notice at the front of their residence as appropriate to notify permittees that they do not wish to receive door-to-door solicitations. Permittees are prohibited from conducting any door-to-door solicitation at a property posted with a notice under this subsection.
6. 
Door-to-door solicitation shall be permitted within the Township only between the hours of dawn and dusk.
7. 
Permits issued under this Part 2 shall be valid for not more than 90 days, but may be issued for a period less than 90 days in the discretion of the Township Police Department.
[Ord. 741, 11/16/2017]
Fees for door-to-door solicitation permits shall be in such amount as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 741, 11/16/2017]
1. 
Any person applying for a door-to-door solicitation permit shall complete an application form provided by the Township Police Department during normal business hours. Incomplete applications will be rejected. Applications must include all of the following:
A. 
Proof of identity in the form of a valid state-issued photo ID.
B. 
A certified copy of a Pennsylvania criminal history report and/or a state-certified criminal history report issued by the applicant's home state.
C. 
A list identifying the applicant's employer and/or all business contacts for whom the applicant proposes to conduct door-to-door solicitation.
2. 
The Warminster Township Police Department may only issue door-to-door solicitation permits where all application requirements under this Part 2 are met. Approved permits will be issued twice monthly on days pre-established by the Police Department and must be retrieved in person from the Department.
[Ord. 741, 11/16/2017]
1. 
Individuals shall be deemed ineligible for a door-to-door solicitation permit for any of the following:
A. 
Any previous violation of this Part 2 within 12 months.
B. 
Any felony conviction for assault, rape, arson, burglary or other violent crime.
C. 
Any crime of falsehood, including, but not limited to, fraud, perjury or theft by deception.
D. 
Failure to comply with any other required permit condition.
[Ord. 741, 11/16/2017]
Permits issued under this Part 2 may be renewed prior to expiration upon submission of a new permit application. No permit shall be automatically renewed.
[Ord. 741, 11/16/2017]
Each door-to-door solicitation permit holder shall be responsible to pay any required earned income taxes, business privilege taxes and/or occupational privilege taxes which are due on the business which he or she conducts within Warminster Township.
[Ord. 741, 11/16/2017]
It shall be unlawful for any person to engage in door-to-door solicitation without obtaining a permit as required under this Part 2 and without adhering to the requirements of this Part 2.
[Ord. 741, 11/16/2017]
A person committing a violation of this Part 2 shall, upon conviction in a summary proceeding, be subject to a fine not less than $300 nor more than $1,000 per offense and, in default of payment of same, may be imprisoned in the county jail for a period not exceeding 90 days per violation.
[Ord. 741, 11/16/2017]
1. 
Police officers are authorized to suspend activity under any door-to-door solicitation permit and to confiscate any permit where an officer has a reasonable articulable suspicion that a permittee has committed one or more violations of this Part 2. Permits may also be suspended upon written notice to a permittee without confiscation, in which case the permittee must return the permit to the Township Police Department within 48 hours of receipt of a written suspension notice.
2. 
Confiscation of a door-to-door solicitation permit by the police equates to automatic suspension of a permit.
3. 
Permittees shall have a right of appeal to the Township Manager from any confiscation or suspension by filing a written notice of appeal setting forth the basis for appeal with the Township within five days of the date of confiscation or receipt of a notice of suspension.
4. 
The Township Manager shall issue a written determination regarding any appeal within 10 days, unless a citation has been filed against the permittee as provided under § 13-208, in which case the Township Manager shall render a decision regarding the appeal within 10 days of a final adjudication on the citation.
5. 
In the event that the Township Manager is unavailable, the Assistant Township Manager shall have the authority to act on behalf of the Township Manager under this section.