[HISTORY: Adopted by the Township Council of Peters Township 12-1-1959 by Ord. No. 28 (Ch. 13, Part 1, of the 1981 Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful for any peddler, canvasser or transient merchant as defined in § 304-2 of this chapter to engage in any such business within Peters Township without first obtaining a permit therefor in compliance with the provisions of this chapter.
[Amended 4-13-1981 by Ord. No. 235; 5-12-2008 by Ord. No. 700]
When used in this chapter, the following terms shall have the following meanings:
- Includes any person, whether a resident of Peters Township or not, who goes from house to house, from place to place, or from street to street, 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.
- PEDDLER and TRANSIENT MERCHANT
- Includes any person, whether a resident of Peters Township or not, who goes from house to house, from place to place, or street to street, conveying or transporting goods, wares, or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers, or establishing a temporary place of business in a fixed location.
- TRAVELING STREET VENDORS
- Vendors who travel street to street and only stop when requested to do so (flagged down) by customers, do not stop for longer than 10 minutes and do not enter upon or traverse personal property.
[Amended 3-24-1986 by Ord. No. 346]
The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles; nor to newsboys; nor to the acts of merchants or their employees delivering goods in the regular course of business. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.
[Amended 4-13-1981 by Ord. No. 235; 3-24-1986 by Ord. No. 346; 4-4-2001 by Ord. No. 600; 7-23-2007 by Ord. No. 688; 3-14-2016 by Ord. No. 794]
Applicants for a permit under this chapter must file in person with the Police Department of the Township a sworn application in writing on a form to be furnished by the Township. A processing fee as set from time to time by resolution of the Township Council shall be paid by the applicant and shall accompany the return of the application which shall provide the following information:
Name and physical description of the applicant;
Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be mailed;
A brief description of the nature of the business and the goods to be sold;
If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship;
The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof; and the proposed method of delivery;
A statement as to whether or not the applicant or any canvassers have been convicted of a crime other than a summary traffic offense, and, if so, the nature of the offense and the punishment assessed therefor;
Present a valid photo drivers license or state photo identification card; no other form of identification will be acceptable;
All applicants must have a criminal background check. The process will be conducted through the Pennsylvania Access to Criminal History (PATCH) system. If the applicant is not a resident of Pennsylvania, the applicant will provide a current (no older than one year) criminal background check from the state in which the applicant resides.
[Added 7-8-2002 by Ord. No. 618]
All bona fide religious, charitable and political organizations, societies, associations or corporations shall be exempt from the application of this chapter so long as the principal purpose of their solicitation activities is the expression of religious, political or other philosophical beliefs, as opposed to the sale or distribution of goods and merchandise.
[Amended 4-13-1981 by Ord. No. Ord. No. 235; 3-24-1986 by Ord. No. 346; 7-8-2002 by Ord. No. 618; 7-23-2007 by Ord. No. 688; 5-12-2008 by Ord. No. 700]
The Chief of Police and/or Zoning Officer shall endorse on the application his approval and upon payment of the fees as listed below in the amounts as set from time to time by resolution of Township Council shall deliver to the applicant his or her permit and the Township's approved identification badge, which shall be affixed to the outer clothing of the solicitor in a manner so as to be permanently displayed at all times during the course of solicitation.
[Amended 3-14-2016 by Ord. No. 794]
Group permits may be granted and permits may be issued for a period up to one year without the necessity of a renewal during the year. Upon the refusal of or failure to act on an application within a reasonable time, the applicant may appeal to the Township Council for relief.
[Amended 7-23-2007 by Ord. No. 688]
No permittee nor any person in his behalf shall shout, cry out, blow a horn, ring a bell or use any sound or amplifying device upon any of the streets of Peters Township or upon private premises for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell. The Chief of Police may at his discretion if deemed conducive to traffic safety permit ice cream trucks to play music at an agreed-upon volume.
[Amended 3-24-1986 by Ord. No. 346; 4-4-2001 by Ord. No. 600; 7-23-2007 by Ord. No. 688; 2-13-2017 by Ord. No. 813]
No permittee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets or sidewalks.
No permittee shall be permitted to solicit before 9:00 a.m. or after sunset as determined by the U.S. Naval Observatory for Pittsburgh, Pennsylvania.
No permittee shall be permitted to solicit on property that displays a "no soliciting sign" visible from the road.
No permittee shall be permitted to solicit within Township Parks without the express consent of the Township Manager.
No permittee shall enter or attempt to enter any dwelling unit without invitation or permission of the occupant, and shall immediately leave the premises upon request of the occupant.
No permittee shall make any untrue statements or misrepresentation in the course of soliciting, or omit to state any material fact necessary to prevent any statement made from being misleading. No permittee shall utilize any unfair or deceptive acts or practices in the course of soliciting. In determining whether or not a practice is unfair or deceptive under this section, definitions, standards, or interpretations relating thereto under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, as amended from time to time, shall apply.
Editor's Note: See 73 P.S. § 201-1 et seq.
[Amended 2-13-2017 by Ord. No. 813]
Permittees are required to exhibit their permits at the request of any citizen or official of the Township.
[Added 2-13-2017 by Ord. No. 813; amended 7-24-2017 by Ord. No. 819]
The Police Chief or the Chief's designee may, at their sole discretion, choose to not issue a permit to any person or company who:
Has previously been found by the Police Department to be violating any provision of this chapter.
Has been convicted, within seven years preceding the date of the application for a permit, of any theft or theft-related crime, fraud or any fraud-related crime, or any similar offense tending to show dishonesty of character.
Has been convicted of any felony.
Has been previously convicted of violating this chapter.
Is registered as a sex offender in Pennsylvania, or any other state, or were convicted of a crime in any other state that would have required registration as a sexual offender in Pennsylvania.
If the Police Chief or the Chief's designee does not issue a permit, the applicant may appeal this decision to the Township Manager. The appeal must be in writing and received by the Manager within 10 calendar days of the notification that a permit will not be issued. The Township Manager shall hold a hearing in which both parties may offer testimony. Within 10 calendar days of the hearing, the Township Manager shall issue a written decision. The Township Manager shall decide the appeal based upon the health, safety, and welfare of the community. The decision of the Township Manager is final.
A permit may be revoked by the Police Chief or the Chief's designee for any of the following reasons:
Conduct by any permittee that constitutes a violation of this chapter.
A permittee going upon premises that display "no soliciting" signs.
Conduct by any permittee while on private premises that constitutes a summary offense or criminal act, including, but not limited to, defiant trespass.
If a company or other entity has more than one person engaging in solicitation in Peters Township, and the permit issued to any one such person is revoked under Subsection B, above, the permits for all solicitors working for that company may be revoked.
In the event that a solicitation permit is revoked under this section, no administrative or other fees shall be refunded to the permittee.
If a permit is revoked by the Police Chief or the Chief's designee; the permit holder may appeal this decision to the Township Manager. The appeal must be in writing and received by the Manager within 10 calendar days of the notification of the permit's revocation. The Township Manager shall hold a hearing in which both parties may offer testimony. The Township Manager shall decide the appeal based upon the health, safety, and welfare of the community. Within 10 calendar days of the hearing, the Township Manager shall issue a written decision. The decision of the Township Manager is final.
[Amended 4-13-1981 by Ord. No. 235; 3-24-1986 by Ord. No. 346; 4-9-2001 by Ord. No. 600; 7-23-2007 by Ord. No. 688; 3-14-2016 by Ord. No. 794]
Any person who violates or permits a violation 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.