[Ord. 388, 7/16/2003, § 101]
This Part shall be known as the "Solicitors and Transient Vendors
Ordinance."
[Ord. 388, 7/16/2003, § 102]
It is the purpose of this Section to regulate solicitors and
transient vendors who conduct businesses defined herein within the
streets and homes of Richland Township. It is the intent of this Part
to prevent fraud, burglary (including preparation for burglary by
learning which residents are home and at what hours) and other crimes;
to prevent unethical and dishonest business practices; to protect
the privacy interest of the residents of the Township, including the
right not to be unduly annoyed in their homes and to be able to exclude
trespassers from private property; to promote the safety and welfare
of the residents of Richland Township.
[Ord. 388, 7/16/2003, § 103]
For the purpose of interpreting this Part, words used herein
shall have the following definitions:
The conducting of retail sales of goods, wares or merchandise
on the streets or in the homes of the Township, including solicitation
and taking of orders, whether verbal or written. This phrase includes
work commonly done by peddlers, hawkers, auctioneers, hucksters or
other door-to-door salesmen. It does not include sales of milk or
milk products or bakery products.
Any person, including someone who has a residence or business
office within the geographic limits of the Township of Richland, who
goes from private house to house, conveying or transporting goods,
wares or merchandise, or offering or exposing the same for sale or
making sales or delivering articles, goods, wares or merchandise to
purchasers; any person who goes from private house to house, 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; any person who goes from private house to private
house soliciting donations or money for themselves or for any organization
for any purpose, whether or not anything of value is given in return.
Includes any person, corporation, partnership, association
or any agent thereof who conducts a business in the Township, either
from door-to-door or in any other manner where the vendor does not
have either a residence or a business office within the geographic
limits of the Township of Richland.
[Ord. 388, 7/16/2003, § 104]
Hereafter, no solicitor or transient vendor may conduct a business
within the geographic limits of Richland Township without first obtaining
a permit in accordance with the requirements of this Part.
[Ord. 388, 7/16/2003, § 105]
1.
The following shall be exempt from the requirement of obtaining a
permit:
A.
Farmers selling their own produce.
B.
The seller of goods, wares and merchandise donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
C.
Any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and dairy products.
D.
Any person or persons selling or taking orders for merchandise who
have been requested or invited to do so by the owner or occupant of
a private residence.
E.
Any Township resident under the age of 18 years who take orders for
and delivers newspapers, greeting cards, candy, bakery products and
the like, or who represent the Boy Scouts or Girl Scouts or similar
organizations.
2.
All other solicitors and transient vendors shall be required to pay
a permit fee, in an amount as established from time to time by resolution,
for one year or any fraction thereof exceeding one week and a sum,
also in an amount as established from time to time by resolution,
for one week or any fraction thereof.
[Amended at time of adoption of Code (see Ch. AO)]
3.
No permits shall be issued unless and until the necessary fee is
paid and the following information be given by the applicant:
A.
His full identification, including proof by vehicle operator's plate
number and/or motor vehicle registration number and including sufficient
physical identification.
B.
The name of the vendor's business or his employer, the address of
that business, the kind of merchandise sold and the type of transaction
conducted.
C.
The length of time for which the permit shall be issued, the number
and names of vendor's helpers.
D.
Any criminal record of the vendor shall be disclosed at the time
of the application.
E.
The individual applicant may be subject to being fingerprinted and
photographed.
4.
The application for permit shall be filed at least three days prior
to the date the permit is to be issued and no soliciting or selling
can commence before the effective date of the permit.
5.
Any solicitor or transient vendor shall carry a permit at all times
while conducting business in Richland Township.
6.
Permits are not transferable and an individual permit shall be required
for each person.
[Ord. 388, 7/16/2003, § 106]
The Chief of Police is hereby required to keep records of all
permits issued under this Part and shall keep a daily list of current
permits issued.
[Ord. 388, 7/16/2003, § 107]
The Chief of Police shall have the power and is hereby authorized
to deny application for and suspend or revoke any permit issued under
this Part when he, in his judgment, deems such denial, suspension
or revocation to be beneficial to the public health, safety or morals,
or for violation of any of the provisions of this Part, or for giving
false information upon any application for a permit.
[Ord. 388, 7/16/2003, § 108]
Any person aggrieved by the action of the Chief of Police or
his designee in the denial of a permit approval or revocation of a
permit shall have the right of appeal to the Board of Supervisors
of Richland Township. Such appeal shall be perfected by filing of
said appeal with the Richland Township Board of Supervisors within
seven days after the permit application denial or permit revocation.
The Board of Supervisors of the Township of Richland shall set a time
and place for the hearing on such appeal. A notice of such hearing
shall be given to the person aggrieved by certified mail, postage
prepaid to the licensee at his last known address at least seven days
prior to the date set for hearing.
[Ord. 388, 7/16/2003, § 109]
Any person seeking a licensing permit under the provisions of
this Part shall, in signing the application to obtain the same, agree
that he or she will not solicit homes whose owners or residents have
signed a registration list which indicates that such owner or resident
of such home does not wish to be solicited. Such a list shall be made
available to the residents of the Township and shall be held by the
Department of Police, and a copy thereof shall be given to each person
obtaining a license under the provisions of this Part. In the event
that such persons soliciting within the boundaries of the Township
shall fail to recognize the wishes of the homeowners or the resident
of such home, then such attempt to solicit such home shall be deemed
a breach of this Part and shall result in the revocation of the solicitor's
permit. Any resident requesting to be on said list may revoke their
inclusion in writing at any time.
[Ord. 388, 7/16/2003, § 110]
Any person seeking a licensing permit under the provision of
this Part shall agree not to conduct any business at any private property
which is posted with a "No Solicitors" or "No Trespassing" sign which
shall be reasonably visible to persons entering the property or the
driveway or sidewalk if any. Any person who violates this Section
shall be deemed to be in breach of this Part and such action shall
result in the revocation of the permit.
[Ord. 388, 7/16/2003, § 111]
1.
No solicitor or transient vendor shall deposit any refuses or waste
on the streets or alleys or any private or public property in Richland
Township, nor may be be parked or stopped for a longer time than is
necessary for the reasonable conduct of his business.
2.
The hours during which a solicitor or transient vendor may conduct
business in Richland Township shall be limited from 9:00 a.m. to 9:00
p.m.
[Ord. 388, 7/16/2003, § 112; as amended at time
of adoption of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
