[Ord. 2288, 4/12/2010]
It shall be unlawful for any peddler, canvasser or solicitor as defined in § 13-102 of this Part to engage in any such business within the Township of Ross without first obtaining a license therefore in compliance with the provisions of this Part.
[Ord. 2288, 4/12/2010]
1.
CANVASS OR SOLICIT
CANVASSER OR SOLICITOR
MERCHANDISE OR SERVICES
As used in this Part, the following terms shall have the meanings
indicated:
Includes the practice of going from house-to-house and place-to-place
in this Township selling, causing to be sold, offering for sale or
taking orders for present or future delivery of merchandise or services.
For the purpose of this Part, "canvass" or "solicit" shall also be
deemed to include surveys for research purposes, analyses, opinion
polls, rating data and any such similar work which of its nature involves
a house-to-house or place-to-place activity, and shall include the
practice of going from house-to-house or place-to-place for the purpose
of contributions, donations or alms for any person or organization.
Includes any person or entity which canvasses or solicits
in the Township, whether for himself or as agent or representative
of another.
Any goods or services including, but not limited to, magazines,
periodicals, books and orders or contracts for services, home improvements
or alterations.
[Ord. 2288, 4/12/2010]
1.
The Township reserves the right to have all the following named groups
be subject to the registration and licensing requirements of this
Part, except that the license fee shall be waived. All other provisions
of this Part will be applicable to the following:
A.
Boys or girls under 18 years of age who take orders for and deliver
newspapers, greeting cards, candy, submarine sandwiches and the like
for Boy Scouts, Girl Scouts, schools, churches or other charitable
and civic organizations.
B.
Ross Township volunteer fire companies, fire police, police and Ross/West
View EMS
C.
Persons who deliver milk, bread, gasoline, kerosene or other heating
and/or cooking fuels.
D.
Persons who are acting as representatives of accredited war veterans
organizations.
E.
Farmers who are selling their own produce that is raised or produced
on their farm.
F.
All bona fide religious, charitable and political organizations,
societies, associations or corporations 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.
[Ord. 2288, 4/12/2010]
1.
Applicants for a peddler or solicitor license must file in person
with the Township Manager, or his designee, a sworn application in
writing on form to be furnished by the Township. The following information
is required for issuance of a license:
A.
Name, age and physical description of applicant and each such agent
and/or employee.
B.
Complete permanent home and local address of registrant and his agents
or employees.
C.
Name and address of the organization or person for whom the canvass
or solicitation is being made.
D.
The applicant must submit proof of registration for Commonwealth
of Pennsylvania sales/use tax and proof of registration for Township
business taxes.
E.
Description of the nature of the canvass or solicitation or a description
of the purpose or causes for which the canvass or solicitation is
being made.
F.
Two photographs of the applicant and each such agent and/or employee
which shall be approximately two inches by two inches in size, showing
the head and shoulders in a clear and distinguishing manner.
G.
The days, dates and route of the registrant's canvass or solicitation
in the Township of Ross.
H.
The make, model, year, color and license plate number of automobiles
used by the applicant and such agents and/or employees during the
period of solicitation within the Township and the numbers of their
drivers, licenses and the states of issuance.
I.
A statement as to whether or not the registrant or any of such agents
and/or employees have been convicted of, or plead guilty to, a felony
or a misdemeanor involving moral turpitude and where and when so convicted,
the nature of the offense and the penalty, if any.
[Ord. 2288, 4/12/2010]
The application for license shall be approved or denied by the Township Manager within five business days of submission. Approval shall not be unreasonably withheld. If approved, the license shall have fixed upon it one photograph of the applicant over which shall be impressed the official seal of the Township of Ross. If the application for license is denied for any reason, the applicant may appeal the decision to the Board of Commissioners as provided in § 13-106 of this Part.
[Ord. 2288, 4/12/2010]
In the event that an application for a license is disapproved
by the Township Manager, the applicant may, within five days of the
denial, appeal the decision to the Board of Commissioners, which shall
set a time and place for a hearing. This hearing shall be held within
30 days after the appeal is taken by applicant, at which hearing the
applicant will be given opportunity to present reasons why the license
should be issued. The decision of the Board of Commissioners shall
be made within 10 days of the appeal hearing.
[Ord. 2288, 4/12/2010]
Every peddler or solicitor shall, at all times while engaged
in peddling or soliciting in Ross Township, carry such license upon
his person. The license shall be attached in a conspicuous location
on the outer most layer of apparel and visible to the public, police
officers or other enforcement officers of the Township.
[Ord. 2288, 4/12/2010]
Permits shall be valid for a period of 15 days and may be renewed
prior to expiration upon the completion of a new application and payment
of the applicable fee, provided all the requirements of this Part
are met.
[Ord. 2288, 4/12/2010]
No person shall canvass, solicit, distribute circulars or other
matter or call from house-to-house or place-to-place in the Township
of any person who has specifically requested that peddlers and solicitors
not solicit such persons at any time. The Township Manager, or his
designee, shall provide a list of all persons and their addresses
who have specifically requested that peddlers and solicitors not solicit
such persons at any time.
[Ord. 2288, 4/12/2010]
1.
All solicitation carried on by persons for charitable, religious
and nonprofit causes shall, in the case of residential door-to-door
or house-to-house calling, be restricted to the following hours:
A.
From October 1 through April 30, such solicitation shall be limited
to the period from 9:00 a.m. to 5:00 p.m., prevailing local time,
including Saturdays and Sundays.
B.
From May 1 through September 30, such solicitation shall be limited
to the period from 9:00 a.m. to 8:00 p.m., prevailing local time,
including Saturdays and Sundays.
[Ord. 2288, 4/12/2010]
1.
Solicitation and peddling in the Township are subject to the following
additional requirements:
A.
No peddler or solicitor shall have an exclusive right to any location
in the streets or other public passages of the Township, be permitted
a stationary location thereon or be permitted to obstruct such streets
and public passages thereby rendering such street or public passage
impassable without unnecessary inconvenience or hazard.
B.
No person shall engage in peddling or soliciting on Ross Township
property or parks without the written permission of the Township Manager.
[Ord. 2288, 4/12/2010]
No licensee or 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 Ross Township or upon private premises for the
purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
[Ord. 2288, 4/12/2010]
No license issued under the provisions of § 13-105 shall be used at any time by any person other than the one to whom it was issued.
[Ord. 2288, 4/12/2010]
1.
Peddler and solicitor licenses may be revoked for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or peddler.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting his business in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
[Ord. 2288, 4/12/2010]
Concurrently with the submission of the peddler and solicitor
application, the applicant shall pay a fee in an amount as established
from time to time by resolution of the Board of Commissioners.
[Ord. 2288, 4/12/2010]
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 and, in default of payment
of said fine and costs, to a term of imprisonment no to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 2288, 4/12/2010]
If a final decision of a court of competent jurisdiction holds
any provision or wording of this Part, or the application of the provision
or wording to other circumstances illegal or unconstitutional, the
remainder shall remain in full force and effect. The intent is that
the provisions of this Part shall be severable and that this Part
would have been adopted if any such illegal or unconstitutional provisions
or wording had not been included.
[Ord. 2068, 8/12/2002, § 201; as amended by Ord.
2288, 4/12/2010]
1.
Any resident of the Township of Ross not wanting to be visited or
called upon at home by transient merchants or solicitors for contributions,
gifts or pledges of money or other items or things of value nor to
be the subject of religious proselytizing, the distribution of hand
bills or the recipient of political speech may register at the office
of the Secretary-Manager of the Township of Ross (or his designee)
on a list of the residents/registrants of the Township who do not
want to be visited or solicited at their homes for such purposes in
the following manner:
A.
The residents shall either personally appear, or in form supplied
by the Secretary-Manager of the Township (or his designee) register
with the Secretary-Manager (or his designee) advising that said resident
does not want transient merchants and/or solicitors, hand bill distributors,
political speech makers or religious proselytizers to call at their
home.
B.
The Secretary/Manager (or his designee) shall keep on file at all
times a registration book showing the names and addresses of the residents
of the Township who have registered as not wanting such activity at
their homes.
C.
Said resident, in addition, shall be furnished a sticker by the Secretary-Manager
(or his designee) which may be affixed upon the resident's property
in a conspicuous place.
D.
Any person violating the "no solicitation" directive may, at the
instance of the resident be charged with "defiant trespass" before
the magisterial district judge having jurisdiction and be subject
to a penalty pursuant to the laws of the Commonwealth of Pennsylvania.
