[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Solicitation
Ordinance."
[Ord. 656, 4/9/2015]
For the purposes of this Part, the following terms shall have
the meanings set forth below, unless a different meaning clearly appears
from the context:
The act of going upon property or approaching people to discuss
or explain issues, which shall include religious proselytizing, exercising
an individual's freedom of speech or campaigning for political
votes, that does not include the request for contributions or donations
or the sale of goods or products.
A person who engages in canvassing.
To canvass.
The act of going upon property or approaching people to sell
goods, services or products.
A person who engages in peddling.
To peddle.
The act of going upon property or approaching people to ask
for, request or seek monetary contributions, donations or support.
To solicit.
A person who engages in soliciting.
Includes the following:
Engaging in peddling, soliciting or taking orders, either by
sample or otherwise, for any goods, wares or merchandise upon any
street, alley, sidewalk and/or public ground within the Township.
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the Township, on a temporary
basis, including, but not limited to, such activities conducted at
the time of special occasions or celebrations, for seasonal purposes,
or for or in advance of specific yearly holidays.
[Ord. 656, 4/9/2015]
1.
Registration Required.
A.
It shall be unlawful for any person to go upon residential property
within the Township, without being invited to do so by the owners
or occupants of the subject property, to peddle and/or solicit Township
residents by knocking upon residential doors, or by ringing doorbells,
or otherwise so as to cause or attempt to cause residents to open
their doors unless the person doing the peddling and/or soliciting
activity has first registered at the Township municipal building and
has received an identification card from the Township Police Chief.
B.
The following individuals shall be exempt from the registration requirement set forth in § 13-303, Subsection 1, above and the identification card requirements in § 13-303, Subsection 2, below:
(1)
Children under 18 years of age soliciting or peddling on behalf
of a non-profit, school or governmental organization.
(2)
Persons soliciting on behalf of a non-profit or neighborhood
organization for either donations to, or membership in, such organization.
(3)
Persons peddling donated merchandise on behalf of a non-profit
organization where the proceeds of the sale are used for a charitable
purpose.
(4)
Persons peddling on behalf of a religious organization where
the proceeds of the sale are used to support such organization or
for a charitable purpose.
C.
No identification card shall be issued to a peddler or solicitor
unless the following information is given by the applicant:
(1)
Full identification, including proof thereof by voter's
registration card, vehicle operator's license or some other accepted
method of identification-containing applicant's photograph, residence
and office address.
(2)
The name of the organization for which the applicant is peddling
and/or soliciting, together with the address of that organization.
(3)
The length of time the peddling and/or soliciting is to be carried
on.
(4)
Any criminal record which the applicant may have.
D.
Fees for registration under this section hereof shall be established,
from time to time, by resolution of the Board of Supervisors.
2.
Identification Card.
A.
Issuance. Peddlers and/or solicitors regulated by this Part shall
carry their identification card which shall be issued by the Township
Police Chief, without charge, at all times while peddling and/or soliciting
within the Township and shall show their identification card to residents
in order to identify themselves prior to any actual peddling and/or
soliciting activities.
B.
Denial and Revocation. In the event that any peddler and/or solicitor is found to have been convicted of any felony or misdemeanor involving moral turpitude, he or she may be denied an identification card or the identification card may be revoked or canceled by the Township Police Chief. In the event that any peddler and/or solicitor provides any false or misleading information concerning his or her identification or the identity of the organization for which the peddling and/or soliciting is being done, the identification card issued to that peddler and/or solicitor may be revoked by the Township Police Chief. A peddler and/or solicitor may appeal the denial or revocation of an identification card by the Township Police Chief under this subsection to the Township Board of Appeals, provided that a written application for an appeal is filed within 10 days after receipt of said decision. All appeals before the Board of Appeals under this subsection shall proceed under the regulations and procedures established in the Construction Code [Chapter 5, Part 1].
3.
Hours. All peddling, soliciting and/or canvassing activities shall,
in the case of residential door-to-door or house-to-house calling,
be restricted to the following hours:
4.
No-Soliciting/Peddling/Canvassing List.
A.
Township residents may post or display "No Soliciting/Peddling/Canvassing"
or similar signs, not to exceed 80 square inches in size, on the front
door of their dwelling or residence. It shall be a violation of this
Part for any peddler, solicitor and/or canvasser to go upon any property
that the owner or resident has posted a "No Soliciting/Peddling/Canvassing
Sign."
B.
The Township Police Chief shall maintain a list of the addresses of Township residents who have notified the Township Police Chief in writing that they do not wish peddlers and/or solicitors to enter upon their property. A copy of this "No Soliciting/Peddling List" shall be provided along with and as part of any identification card issued under § 13-303 hereof. It shall be a violation of this Part for a peddler and/or solicitor to go upon any property listed on the "No Soliciting/Peddling List."
[Ord. 656, 4/9/2015]
1.
License Required. No person shall engage in any transient retail
business within the Township without first obtaining a license from
the Township Police Chief and paying the applicable license fees established,
from time to time, by resolution of the Board of Supervisors. Time
periods for individual licenses shall be established by the Township
Police Chief, provided that the time period shall not exceed 30 days.
2.
Application for License.
A.
Every person desiring a license under this section shall first make
application to the Township Police Chief on a form established from
time to time by the Township Police Chief.
B.
The completed application for a license shall, at a minimum, contain
the following information and/or documentation:
(1)
Name and address of applicant, including the present and permanent
addresses).
(2)
Name and address of applicant's employer.
(3)
Recent photograph of the applicant.
(4)
Type of goods, wares, merchandise the applicant wishes to deal
with in such business.
(5)
The applicant's prior criminal record.
(6)
The type and license of every vehicle to be used, if any.
(7)
A valid copy of any required state or county license.
(8)
Any other information deemed necessary by the Township.
3.
Issuance of License; Custody, Display or Exhibit.
A.
Upon receipt of such application and the prescribed fee, the Township
Police Chief, if he/she shall find such application to be complete,
shall issue the license required under this Part. Such license shall
contain the information required to be given on the application therefor.
B.
The issuance of a license by the Township under this section shall
in no way be considered the Township's authorization, approval
and/or acquiescence for the sale of goods and products subject to
copyright and/or trademark protections. The applicant and license
holder shall be responsible for obtaining all necessary certificates,
permissions and approvals for the sale of goods and products subject
to copyright and/or trademark protections.
C.
Every license holder shall carry such license upon his person while
engaged in transient retail business in the Township, with an additional
copy of the license displayed at the fixed location where the transient
business is occurring. The license holder shall exhibit such license,
upon request, to all police officers, Township officials and employees,
and citizens or residents of the Township.
4.
Prohibited Acts.
A.
No transient retail business shall:
(1)
Be conducted on or within public property, public roads and
rights-of-way, sidewalks, private roads, access drives or driveways.
(2)
Be conducted on or within setback areas, off-street parking areas and landscape/buffer areas established and required by the Zoning Ordinance [Chapter 27].
(3)
Involve loud noises or sound devices so as to be heard beyond
the premises where the transient retail business is occurring or to
cause a public nuisance.
B.
No person in any transient retail business shall:
(1)
Sell any product or type of product not mentioned in his/her
license.
(2)
Hawk or cry his/her wares upon any of the streets, alleys, sidewalks
or public grounds in the Township.
(3)
Park any vehicle upon any of the streets or alleys in the Township
for the purpose of sorting, rearranging or cleaning any of his/her
goods, wares, or merchandise or of disposing of any carton, wrapping,
material or of any stock or wares or foodstuffs which have become
unsalable through handling, age or otherwise.
5.
Hours. All licensed transient retail business activities shall be
restricted to the following hours:
6.
Supervision; Records and Reports. The Township Police Chief and Police
Department shall supervise the activities of all persons holding licenses
under this section and shall keep a record of all licenses hereunder.
7.
Denial, Suspension and Revocation of License; Appeal. The Township Police Chief is hereby authorized to suspend or revoke any license issued under this section when he/she deems such suspension or revocation to be beneficial to the public health, safety or morals for violation of any provision of this Part or for giving false information upon any application for license hereunder or to any Township official related thereto. Appeals from any license denial, suspension and/or revocation may be made to the Township Board of Appeals within 10 days after such license denial, suspension and/or revocation. All appeals before the Board of Appeals under this Part shall proceed under the regulations and procedures established in the Construction Code [Chapter 5, Part 1]. No portion of a license fee shall be refunded to any person whose license has been suspended or revoked.
[Ord. 656, 4/9/2015]
1.
Fees Established. All license, registration and other fees related
to this Part shall be established, from time to time, by resolution
of the Board of Supervisors.
2.
Exceptions. No license or registration fees shall be charged under
this Part to:
A.
Farmers selling their own produce.
B.
The sale 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 or milk products.
D.
Any person taking orders for merchandise by sample, from dealers
or merchants, for individuals or companies who pay a license or mercantile
tax at their chief places of business.
E.
Any insurance company or its agents, or insurance broker, authorized
to transact business under the laws of the Commonwealth of Pennsylvania.
3.
Any solicitor, peddler and/or transient retail business dealing in one or more of the excepted categories and selling other goods, wares and merchandise not excepted shall be subject to the relevant registration and/or license fees referenced in this Part, and specifically §§ 13-303, Subsection 1, 13-304, Subsection 1, and 13-305, Subsection 1, above, for its activities in connection with the sale of goods, wares and merchandise not in any of the excepted categories.
[Ord. 656, 4/9/2015]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
