[HISTORY: Adopted by the Board of Supervisors of the Township of West Manheim 4-2-2015 by Ord. No. 1-2015. Amendments noted where applicable.]
It is the purpose and intent of this chapter to provide the Township with standards defining and regulating peddling and soliciting. These standards are intended to protect the safety and privacy of the residents of West Manheim Township by regulating the behavior and location of peddlers and solicitors and by limiting peddlers' and solicitors' access to residents who do not wish to interact with them.
As used in this chapter, the following terms shall have the meanings indicated:
- The sale, display or taking of orders by sample, or otherwise, of goods, wares or merchandise, and such activities commonly known as "huckstering," "peddling," "vending," "soliciting," "canvassing," or "panhandling."
- A peddler's or solicitor's license issued by the designated Township official in accordance with the provisions of this chapter.
- Asking for money in a public place.
- Any person engaged in peddling.
- To engage in the peddling, soliciting, hawking, vending, taking of orders (either by sample or otherwise), selling or offering for sale commercial services, goods, wares, merchandise, printed matter or food products, by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highways of the Township, provided the word "peddling" shall not apply to farmers selling their own produce.
- Any individual, joint venture, association, partnership, trust, corporation, or other legal entity.
- To engage in the solicitation or panhandling of any money or gifts of any services, goods, wares, merchandise, or other articles of value by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highway or within any public right-of-way.
- Any person engaged in soliciting.
- Any street, road, highway, alley, public right-of-way, and shall include the median and sidewalk within the lines of, or alongside of, the same.
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 or solicitors by posting upon such property a sign which reads "No Peddling or Soliciting" or substantially similar language in a location which is reasonably visible to a person who intends to enter upon such property.
Peddlers and solicitors are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign or sign with similar language and may be prosecuted for trespassing. If such sign is posted, the peddler or solicitor, whether licensed in accordance with this chapter or not, shall immediately and peacefully depart from the property.
No person shall engage in peddling or soliciting in the Township of West Manheim without first having obtained a license, as more fully set forth in this chapter.
Every person desiring to engage in a transient business in the Township shall first make application to the Township for a license. The person making such application shall have photo identification, give his name and address, the name and address of the firm or corporation which he is representing, the type of goods, wares or merchandise with which the business will be involved, the length of time the license is being applied for, the type of vehicle or vehicles which will be used, if any, and the names and addresses of all those persons who will be participating in such business in any manner within the Township.
Every person intending to engage in peddling or soliciting within the Township shall make application for a license.
No license issued under this chapter shall be transferable from one person to another.
All licenses issued by the Township shall be exhibited in clear view by the person peddling or soliciting at all times, and shall not be altered or used by any other person except the licensee.
All licenses shall expire after 90 days but may be renewed for an additional 90 days by written request to the Township.
The fee for such license shall be as established by resolution of the Board of Supervisors.
The following shall apply to all persons engaging in peddling or soliciting:
There shall be no calls made within the Township by physical presence upon a premises except Monday through Saturday between the hours of 9:00 a.m. and 6:00 p.m., prevailing time.
Any person calling or appearing upon a premises shall carry the issued license upon his person and shall exhibit such license, upon request, to all police officers, Township officials or citizens occupying or owning said premises.
Physical presence upon a premises prominently posted with a "No Soliciting or Peddling" or similar sign shall be prohibited.
Physical presence upon a premises for peddling or soliciting for a period exceeding five minutes after being asked to leave by anyone in possession thereof shall be prohibited.
No peddling or soliciting, or any other activities, whether or not a license is required, shall occur within any street or right-of-way.
The Township is hereby authorized to suspend or revoke any license issued under this chapter for any violation of any provisions of this chapter, or for giving false information upon any application for a license.
The Township is further authorized to refuse a license to any person with a prior criminal record or to any person who would present threat of harm or danger to the citizens of West Manheim Township.
Persons engaged in door-to-door canvassing on religious or political subjects, or distributing religious or political handbills shall be exempt from license requirements of this chapter. All such persons, however, shall carry official identification, such as a driver's license, upon his or her person at all times and shall exhibit it upon request of any person who is the subject of the canvassing or distribution.
The license requirements may be waived by the Township for persons soliciting or peddling on behalf of organizations of purely public charities, such as local churches, scout troops, civic and service organizations, fire companies, athletic organizations, and the like; provided, however, that any such group must notify the Township in writing in advance of any such peddling or solicitation, setting forth the dates peddling or solicitation will take place within the Township, and request a waiver.
Nothing in this chapter shall prohibit the placing of handbills or advertising materials in or on exterior doors, so long as there is no attempt to sell such product or service other than use of a handbill or advertising materials.
Any person who violates any provision of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.