[1]
Editor's Note: Original Part 2, Charitable Fund Solicitation,
adopted by Ord. 325, 5/7/1977, as amended, was repealed by Ord. 737,
1/19/2017.
[Ord. 741, 11/16/2017]
1.
Every person engaging in door-to-door solicitation in Warminster
Township shall obtain an appropriate permit prior to entering into
or beginning door-to-door soliciting.
2.
For purposes of this Part 2, door-to-door solicitation shall include
the house-by-house, building-by-building or location-by-location sale,
attempted sale or promotion of any goods, wares, products, publications
or merchandise of whatever kind. Door-to-door solicitation shall not
include the sale of fresh produce or food products by an active farmer
or the sale of goods, wares, products, publications or merchandise
by charitable, educational or philanthropic organizations. Canvassing
for political purposes or door-to door solicitation unrelated to commercial
purposes shall not be considered door-to-door solicitation under this
Part 2.
3.
Door-to-door solicitation permits shall be issued by the Warminster
Township Police Department. Permits are nontransferable. Each individual
within an organization performing door-to-door solicitation must apply
for a permit in person at the Police Department and must be granted
a permit in order to engage in door-to-door solicitation in the Township.
4.
Every permittee shall be issued a Township identification badge by
the Warminster Township Police Department once an application for
a door-to-door solicitation permit is approved. The identification
badge shall include, at a minimum, the full name and a photograph
of the permittee. Permittees must openly display the identification
badge at all times when conducting door-to-door solicitation.
5.
Township residents may obtain a "No Solicitation" sign from the Township,
or may post such other notice at the front of their residence as appropriate
to notify permittees that they do not wish to receive door-to-door
solicitations. Permittees are prohibited from conducting any door-to-door
solicitation at a property posted with a notice under this subsection.
6.
Door-to-door solicitation shall be permitted within the Township
only between the hours of dawn and dusk.
7.
Permits issued under this Part 2 shall be valid for not more than
90 days, but may be issued for a period less than 90 days in the discretion
of the Township Police Department.
[Ord. 741, 11/16/2017]
Fees for door-to-door solicitation permits shall be in such
amount as established, from time to time, by resolution of the Board
of Supervisors.
[Ord. 741, 11/16/2017]
1.
Any person applying for a door-to-door solicitation permit shall
complete an application form provided by the Township Police Department
during normal business hours. Incomplete applications will be rejected.
Applications must include all of the following:
A.
Proof of identity in the form of a valid state-issued photo ID.
B.
A certified copy of a Pennsylvania criminal history report and/or
a state-certified criminal history report issued by the applicant's
home state.
C.
A list identifying the applicant's employer and/or all business contacts
for whom the applicant proposes to conduct door-to-door solicitation.
2.
The Warminster Township Police Department may only issue door-to-door
solicitation permits where all application requirements under this
Part 2 are met. Approved permits will be issued twice monthly on days
pre-established by the Police Department and must be retrieved in
person from the Department.
[Ord. 741, 11/16/2017]
1.
Individuals shall be deemed ineligible for a door-to-door solicitation
permit for any of the following:
A.
Any previous violation of this Part 2 within 12 months.
B.
Any felony conviction for assault, rape, arson, burglary or other
violent crime.
C.
Any crime of falsehood, including, but not limited to, fraud, perjury
or theft by deception.
D.
Failure to comply with any other required permit condition.
[Ord. 741, 11/16/2017]
Permits issued under this Part 2 may be renewed prior to expiration
upon submission of a new permit application. No permit shall be automatically
renewed.
[Ord. 741, 11/16/2017]
Each door-to-door solicitation permit holder shall be responsible
to pay any required earned income taxes, business privilege taxes
and/or occupational privilege taxes which are due on the business
which he or she conducts within Warminster Township.
[Ord. 741, 11/16/2017]
It shall be unlawful for any person to engage in door-to-door
solicitation without obtaining a permit as required under this Part
2 and without adhering to the requirements of this Part 2.
[Ord. 741, 11/16/2017]
A person committing a violation of this Part 2 shall, upon conviction
in a summary proceeding, be subject to a fine not less than $300 nor
more than $1,000 per offense and, in default of payment of same, may
be imprisoned in the county jail for a period not exceeding 90 days
per violation.
[Ord. 741, 11/16/2017]
1.
Police officers are authorized to suspend activity under any door-to-door
solicitation permit and to confiscate any permit where an officer
has a reasonable articulable suspicion that a permittee has committed
one or more violations of this Part 2. Permits may also be suspended
upon written notice to a permittee without confiscation, in which
case the permittee must return the permit to the Township Police Department
within 48 hours of receipt of a written suspension notice.
2.
Confiscation of a door-to-door solicitation permit by the police
equates to automatic suspension of a permit.
3.
Permittees shall have a right of appeal to the Township Manager from
any confiscation or suspension by filing a written notice of appeal
setting forth the basis for appeal with the Township within five days
of the date of confiscation or receipt of a notice of suspension.
4.
The Township Manager shall issue a written determination regarding any appeal within 10 days, unless a citation has been filed against the permittee as provided under § 13-208, in which case the Township Manager shall render a decision regarding the appeal within 10 days of a final adjudication on the citation.
5.
In the event that the Township Manager is unavailable, the Assistant
Township Manager shall have the authority to act on behalf of the
Township Manager under this section.