Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 2009-9, 8/6/2009, § 1]
1. 
Findings. The Lower Macungie Township Board of Commissioners has determined that the safety and privacy of Township residents, particularly the elderly, may be jeopardized by fraudulent schemes to sell goods and services to Township residents, and that it is in the best interest of the Township to differentiate between certain categories of peddlers and solicitors.
2. 
Purposes. It is the purpose and intent of this Part 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 Lower Macungie Township by regulating the behavior of peddlers and solicitors and by limiting peddler's and solicitor's access to residents who do not wish to interact with them.
[Ord. 2009-9, 8/6/2009, § 1]
The following words shall have the following meanings when used in this Part, unless the context requires otherwise:
LICENSE
A peddler's or solicitor's license issued in accordance with the provisions of this Part.
PEDDLE
To engage in the peddling, soliciting, hawking, vending, taking of orders (either by sample or otherwise), selling, or offering for sale any 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:
(1) 
Farmers selling their own produce.
(2) 
The sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof shall be applied to any charitable or philanthropic purpose (but in no event to an organization which seeks to affect legislation).
(3) 
Any manufacturer or producer of bread and bakery products, meat and meat products, or milk and milk products.
PEDDLER
Any person engaged in peddling.
PERSON
Any individual, joint venture, association, partnership, trust, corporation, or other legal entity.
SOLICIT
To engage in the solicitation of any money or gift 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 highways of the Township, whether or not accompanied by the dissemination of information.
SOLICITOR
Any person engaged in soliciting.
STREET
Any street, road, highway, or alley and shall include the sidewalk within the lines of or alongside of the same.
[Ord. 2009-9, 8/6/2009, § 1]
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 persons who intend to enter upon such property. Residents may obtain such a sign from the Township at a cost to be set by separate resolution of the Lower Macungie Township Board of Commissioners.
[Ord. 2009-9, 8/6/2009, § 1]
Any and all peddlers and solicitors are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign and may be prosecuted for trespassing. If such sign is posted, the peddler or solicitor, whether licensed in accordance with this Part or not, shall immediately and peacefully depart from the property.
[Ord. 2009-9, 8/6/2009, § 1]
1. 
Every peddler and solicitor, whether licensed in accordance with this Part or not, shall, in the carrying on of his or her business or activities in the Township, comply with the following rules of conduct:
A. 
The peddler or solicitor 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 to whom the peddler or solicitor is attempting to peddle or solicit to.
B. 
The peddler shall not enter or attempt to enter any dwelling house or place of business without invitation or permission of the occupant and shall immediately leave the premises upon request.
C. 
The peddler or solicitor shall only engage in peddling or soliciting within the Township on Monday through Saturday during daylight hours. No peddling or soliciting shall be allowed on Sundays or on any state or federal legal holidays.
D. 
The peddler or solicitor shall not call out or shout to sell his or her services or goods, nor shall the peddler or solicitor use any loudspeaker or horn or other device for announcing his or her presence by which the public is annoyed.
E. 
The peddler or solicitor shall not occupy any fixed location upon or along any of the streets, alleys, or sidewalks of the Township for the purpose of peddling or soliciting, with or without any stand, counter, or cart.
F. 
The peddler or solicitor shall not peddle or solicit in any Township park without first acquiring a permit from the Township.
G. 
The peddler or solicitor shall not park any vehicle upon or along any of the streets, alleys, or sidewalks of the Township for the purpose of sorting, rearranging, or cleaning any of his or her goods, wares, or merchandise or for the purpose of disposing of any carton, wrapping material, stock, wares, or foodstuffs.
H. 
The peddler or solicitor shall not operate from or use in conjunction with his or her activities any vehicle with a gross vehicle weight rating of 19,501 pounds or larger.
I. 
The peddler or solicitor shall not engage in any activity that creates a public nuisance, disrupts traffic, and/or disturbs the peace and tranquility of the Township.
[Ord. 2009-9, 8/6/2009, § 1]
1. 
No person shall engage in peddling or soliciting in the Township of Lower Macungie without first having obtained a license to so peddle or solicit, respectively, as more fully set forth in this Part.
A. 
Any person desiring to engage in peddling or soliciting within the Township must first make application to the Township for a license. The Township may require such information in conjunction with this application as it deems appropriate, including, but not limited to: name and address; prior criminal record; name of employer; fingerprinting; photograph; the nature of the goods, wares, or merchandise that are intended to be peddled or the use to which funds solicited shall be put; the period of time the applicant intends to peddle or solicit; the type of vehicle(s) that the applicant uses, if any, and the license number(s) thereof; the place where the applicant was engaged in peddling or soliciting immediately prior to filing this application, if any; the place where the applicant intends to go after completion of the peddling or soliciting in the Township of Lower Macungie; and type of solicitation being made to the public. In addition, if an applicant is also required to obtain a license or permit from any County office, the applicant shall provide a copy of a valid county license or permit to the Township in conjunction with the application for a license.
B. 
Each individual intending to peddle or solicit within the Township shall make personal application for a license.
C. 
Before issuing a license, the Township, in its sole discretion, may require an investigation of the applicant to obtain sufficient proof that the applicant is of good business and/or moral character and/or to confirm the accuracy of representations made in each such application. By submitting an application for a license, the applicant agrees to await a reasonable amount of time for such investigation, which investigation may take no more than 10 business days from the date of application. If, as a result of such investigation, the applicant's business or moral character is found to be unsatisfactory or any representation is found to be false or misleading, the Township shall notify the applicant that such application has been disapproved and that no license shall be issued.
D. 
No license issued under this Part shall be transferable from one person to another.
E. 
All fees for licenses shall be set by separate resolution of the Lower Macungie Township Board of Commissioners.
F. 
All licenses issued by the Township shall be exhibited in clear view by the person peddling or soliciting at all times, and it shall not be altered or used by any other person except the licensee.
G. 
All licenses shall expire after 90 days but may be renewed for additional ninety-day periods by request to the Township.
H. 
The issuance of a license grants the licensee the privilege of conducting such business or activity as is permitted by the license within the Township. The issuance of a license does not confer any property right upon the licensee.
[Ord. 2009-9, 8/6/2009, § 1]
1. 
Persons engaged in door-to-door canvassing on religious or political subjects, or distributing religious or political handbills shall be exempt from the license requirements of this Part. 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 to whom the peddler or solicitor is attempting to peddle to or solicit.
2. 
The application and 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 of such peddling or solicitation will take place within the Township.
3. 
Any person who is required to register with the Commonwealth of Pennsylvania in connection with peddling or soliciting for any charitable organization, shall carry proof of this registration upon his or her person at all times and shall exhibit it upon request of any person to whom the peddler or solicitor is attempting to peddle to or solicit.
[Ord. 2009-9, 8/6/2009, § 1]
The Township is hereby authorized to suspend or revoke any license issued under this Part for any violation of any of the provisions of this Part, 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 and to any other person who would present a threat of harm or danger to the citizens of Lower Macungie Township.
[Ord. 2009-9, 8/6/2009, § 1; as amended by Ord. 2011-12, 10/6/2011]
1. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
Notwithstanding anything herein to the contrary, any suit for financial penalty brought by or on behalf of Lower Macungie Township against a violator under this Part shall in no way constitute an election of remedies, and the Township, and any other person having a cause of action against this violator, shall be entitled to pursue any such remedies against this violator as provided by law or in equity.
[Ord. 2009-4, 6/18/2009]
The purpose and intent of this Part is to ensure that contractors performing construction work within the Township are registered with the Commonwealth of Pennsylvania and/or the Township, in compliance with state law, most particularly, the Pennsylvania Home Improvement Consumer Protection Act, Act of October 17, 2008, P.L. 1645, No. 132 (hereinafter the "Act"), 73 P.S. § 517.1 et seq.
[Ord. 2009-4, 6/18/2009]
CONSTRUCTION WORK
Any activity regarding the construction, installation, improvement, renovation, alteration, conversion, modernization, repair, remodeling, rehabilitation, replacement, demolition, and/or removal of any man-made structure or building. This definition includes the management of any of the aforementioned activities but does not include the supplying of materials for any of the aforementioned activities.
CONTRACTOR
This term, as used in this Part, shall have the same definition as this term has in the Act, as amended.
HOME IMPROVEMENT
This term, as used in this Part, shall have the same definition as this term has in the Act, as amended.
PERSON
This term, as used in this Part, shall have the same definition as this term has in the Act, as amended.
TRADESPERSON
A skilled manual worker or craftsman in a particular trade or craft related to the construction industry who has a high degree of both practical and theoretical knowledge of his or her trade and who has completed an apprenticeship and/or other types of required training, testing, certification, and qualifications necessary to practice this trade or craft. This term specifically includes, but is not limited to, a plumber or electrician.
[Ord. 2009-4, 6/18/2009]
1. 
All contractors seeking to undertake home improvement activities within the Township shall, prior to commencing such activities, provide proof to the Township that said contractor is registered with the Commonwealth of Pennsylvania as required by the Act. If the contractor is applying for a building or other permit from the Township in conjunction with such activities, the contractor shall provide this proof along with any application for a building or other permit from the Township.
2. 
All persons seeking to undertake construction work within the Township, where such person is not required to register with the Commonwealth of Pennsylvania under the Act, shall, prior to commencing such work, obtain a Lower Macungie Township contractors license from the Township pursuant to this Part or provide proof of a current and valid Lower Macungie Township contractors license to the Township. If a person is applying for a building or other permit from the Township in conjunction with such work, this person shall obtain this license or provide proof of a current license at the same time as applying for a building or other permit from the Township.
[Ord. 2009-4, 6/18/2009]
1. 
Any tradesperson seeking to undertake construction work within the Township and who meets any one of the following classifications, shall, prior to commencing such work, obtain a Lower Macungie Township contractors license from the Township pursuant to this Part or provide proof of a current and valid Lower Macungie Township contractors license to the Township. If the tradesperson is applying for a building or other permit from the Township in conjunction with such work, this tradesperson shall obtain this license or provide proof of a current license at the same time as applying for a building or other permit from the Township.
A. 
An electrician who has passed any and all tests and/or completed any and all training necessary to be a master electrician and/or holds a master electricians card/certificate/license.
B. 
An electrician who has passed any and all tests and/or completed any and all training necessary to be a journeyman electrician and/or holds a journeyman electricians card/certificate/license.
C. 
A plumber who has passed any and all tests and/or completed any and all training necessary to be a master plumber and/or holds a master plumbers card/certificate/license.
D. 
A plumber who has passed any and all tests and/or completed any and all training necessary to be a journeyman plumber and/or holds a journeyman plumbers card/certificate/license.
E. 
Any tradesperson who has passed any and all tests and/or completed any and all training necessary to be classified as a master in his or her trade and/or holds a master's card/certificate/license in his or her trade.
F. 
Any tradesperson who has passed any and all tests and/or completed any and all training necessary to be classified as a journeyman in his or her trade and/or holds a journeyman's card/certificate/license in his or her trade.
[Ord. 2009-4, 6/18/2009]
1. 
Any person required by this Part to obtain a Lower Macungie Township contractors license shall file a license application with the Township and pay the required fee. The amount of this fee shall be established by resolution of the Board of Commissioners which may be revised from time to time.
2. 
Any tradesperson required by this Part to obtain a Lower Macungie Township contractors license shall file with his or her license application proof of his or her master's or journeyman's qualifications.
3. 
All persons seeking to undertake construction work within the Township shall provide proof of adequate workmen's compensation insurance coverage as is required by the Commonwealth of Pennsylvania. If a person is applying for a building or other permit from the Township in conjunction with such work, this person shall provide proof of this insurance at the same time as applying for a building or other permit from the Township.
4. 
All Lower Macungie Township contractors licenses shall expire on December 31 of each year. All persons desiring to continue to conduct construction work within the Township for the following year shall, between December 1 and 31, surrender their current license to the Township; upon request and payment of a renewal fee, this license shall be renewed. The amount of this renewal fee shall be established by resolution of the Board of Commissioners which may be revised from time to time.
5. 
A register of all current and past holders of Lower Macungie Township contractors licenses setting forth the holder's name, business address, and current status of license shall be maintained by the Township. This register shall be open to the public for inspection and examination.
6. 
No person who obtained a Lower Macungie Township contractors license shall allow his/her/its name or license be used by another person for the purpose of obtaining permits or for conducting construction work within the Township.
7. 
The Township may revoke any Lower Macungie Township contractors license obtained through nondisclosure, misstatement, or misrepresentation of a material fact; through fraud or attempted fraud; or through the violation of any provision of this Part or any other Township ordinance. The Township may also revoke any Lower Macungie Township contractors license where the holder of the license has violated any provision of this Part or any other Township ordinance or has performed any construction work in violation of an approved plan or directive of any Township employee, contractor, or consultant.
[Ord. 2009-4, 6/18/2009; as amended by Ord. 2011-12, 10/6/2011]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 2009-4, 6/18/2009]
Property owners who are directly conducting construction work on their property for their own benefit do not have to obtain a Lower Macungie Township contractors license prior to commencing this work. These property owner still must obtain all other required permits and approvals for this work, and any person employed by the property owner to do this work or any part thereof must be registered with the commonwealth and/or obtain a Lower Macungie Township contractors license from the Township in compliance with this Part.