[HISTORY: Adopted by the Township Council of the Township
of O'Hara 9-12-2017 by Ord. No.
1325. Amendments noted where applicable.]
This chapter shall be known as the "O'Hara Canvassing and Soliciting
Ordinance." It is enacted for the following purposes: to prevent fraud,
burglary (including preparation for burglary by learning which residents
are home and at what hours) and other crime; to prevent unethical
and dishonest business practices; to protect the privacy interests
of the residents of the Township, including the right to not be unduly
annoyed in their homes and to be able to exclude trespassers from
private property; and to otherwise promote the health, safety and
welfare of the residents of the Township.
The following words shall be construed to have the meanings
set forth below; and, throughout this chapter, the singular shall
include the plural, and the masculine gender shall include the feminine
and neuter:
The practice of going from dwelling unit to dwelling unit:
To conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
To make analyses, to take opinion polls, to compile rating data;
To obtain or seek contributions or donations for any person
or organization or cause;
To advance personal, religious or political causes and proselytizing
with regard thereto; or
To conduct any similar work which, by its nature, involves door-to-door
or place-to-place activity, including distribution of circulars.
Any goods or services, including, but not limited to, magazines,
periodicals, books, orders or contracts for services, home improvements
or alterations.
Any canvasser or solicitor required to apply for a registration
certificate under this chapter. Such term shall include all agents
and employees of the canvasser or solicitor which is required to register.
The practice of going from dwelling unit to dwelling unit
selling, causing to be sold, offering for sale or taking orders for
present or future delivery of merchandise or services. "Canvass" or
"solicit" does not include a series of licensed entries on private
property (e.g., normal deliveries).
No person desiring to canvass or solicit in the Township for
the purposes of commercial solicitation or seeking contribution of
funds, excluding charitable nonprofit solicitation, shall do so without
first having obtained a registration certificate from the Township
Manager, Police Superintendent or their designee.
Any person required to obtain a registration certificate shall
submit a written application to the Township Manager, Police Superintendent
or their designee on a form furnished by the Township. The applicant
shall state for themselves and each of their agents or employees who
will canvass or solicit name; age; home address; business address;
name and address of employer, if any; what they desire to canvass
or solicit for; the days, dates, times of day and route of the registrants'
canvassing or soliciting; and the make and type of vehicle, if any,
they will use, and its registration number. The Township Manager,
Police Superintendent or their designee will issue to the applicant
a registration certificate within two business days from the date
of filing of the application, provided that the application is complete
and accurate. A registration certificate will be valid for the balance
of the calendar year in which it is issued. Such certificate may not
be transferred from one person to another. The Township Manager, Police
Superintendent or their designee shall provide a list of all residences
and dwelling units in the Township where the owner/occupant of the
residence or dwelling unit has notified the Township in writing that
they do not wish to be visited on their premises at any time by any
person performing any canvassing and/or soliciting activity. No registrant
or person required to register may canvass or solicit at any dwelling
unit designated on such list. Each registrant who is canvassing or
soliciting in the Township must carry such list while canvassing or
soliciting.
No fees will be charged for the issuance of a registration certificate
for the solicitation or canvassing on behalf of a charitable nonprofit
agency. Fees will be charged for the issuance of a registration certificate
to persons desiring to canvass or solicit in the Township for the
purpose of commercial solicitation (per the Township Fee Resolution).
Each registrant shall carry the registration certificate at
all times when in the Township. In addition, the registrant will exhibit
the certificate to any Township citizen or resident or Township official
upon request.
In the event an application for a registration certificate is
disapproved by the Township Manager, Police Superintendent, or their
designee, the appellant may, within five days of the denial, appeal
the decision to the Township Council which shall set a time and place
for a hearing. This hearing shall be held within 30 days after the
appeal is filed by the appellant, at which hearing the appellant will
be given an opportunity to present reasons why the registration certificate
should be issued. The decision of the Township Council shall be made
within 10 days of the appeal hearing.
A.
Hours. No person shall canvass or solicit in the Township between
the hours of 9:00 p.m. and 7:00 a.m. the next day. This restriction
shall apply to all persons, including those to whom a registration
certificate has been issued.
B.
List. No person who is required to obtain a registration certificate
shall canvass or solicit in the Township without first obtaining from
the Township Manager, Police Superintendent or their designee a list
of all residences and dwelling units in the Township where the owner/occupant
of the residence or dwelling unit has notified the Township, in writing,
that they do not wish to be visited on their premises at any time
by any person performing any canvassing and/or soliciting activity.
No registrant or person required to register may canvass or solicit
at any dwelling unit designated on such list. Any registrant who is
canvassing or soliciting in the Township must carry such list while
canvassing or soliciting. Any such written notice from an owner/occupant
may be revoked in writing at any time by same owner/occupant. Alternatively,
the Township may produce a list where the owner/occupant has not notified
the Township in writing of their desire to not be visited. In such
a case, the canvasser or solicitor may only canvass or solicit at
the addresses on the list. Each canvasser or solicitor must have a
list on their person while soliciting.
C.
Signs. No person, whether or not a registrant, shall conduct any
canvassing or soliciting activity at any private property which has
posted a "No Solicitation" or "No Solicitors" or "No Trespassing"
sign or any other similar warning sign. Such sign shall be reasonably
visible to persons entering the property at the driveway or sidewalk,
if any.
The Township Manager, Police Superintendent, or their designee
may revoke the registration certificate of any registrant found to
be in violation of any provision of this chapter.
This chapter shall not apply to any Township resident under
age 16.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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. 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. Each entry
upon private property which does not comply with the provisions of
this chapter shall constitute a separate offense.
This chapter repeals in their entirety and supersedes Township
Ordinance Nos. 1187 and 1236.
