[Ord. 8, 10/5/1965, § 1; as amended by Ord. 2009-3,
8/31/2009]
Any person who shall engage in peddling as herein above defined.
The selling or offering for sale of any goods, wares, services,
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks; or for future delivery;
or from house to house; or by visitation to private residences; or
by entering in or upon private property, within the said Township.
Provided. The words "soliciting" and "peddling" shall not apply:
To farmers selling their own produce.
For 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.
To any manufacturer or producer in the sale of bread and bakery
products, meat and meat products, or milk and milk products.
To children under the age of 18 years who take orders for and
deliver newspapers, greeting cards, candy, bakery products and the
like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
For taking orders for merchandise, by sample, from dealers or
merchants for individuals or companies who pay a license or business
privilege tax at their chief place of business.
Any natural person, association, partnership, firm, organization,
or corporation.
The seeking or taking of contracts or orders for any goods,
wares, services, or merchandise for future delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks; or from house
to house; or by visitation to private residences; or by entering in
or upon private property; within the Township of Douglass, Berks County,
and shall further mean the seeking or taking of contracts or orders
for home or other building repairs; improvement and alterations; and
also orders or contracts for any mechanical, electrical, plumbing,
or heating device or equipment for house; or other building improvements
or repairs, upon or from the places aforesaid in the said Township.
Any person who shall engage in soliciting as herein above
defined.
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In this Part, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 8, 10/5/1965, § 2]
No person shall engage in soliciting or peddling in the Township
of Douglass without first having taken out a license as herein provided.
[Ord. 8, 10/5/1965, § 3]
1.
Every person desiring to engage in soliciting or peddling in the
Township of Douglass shall first make application to the Secretary
of the Board of Supervisors for a license. If such person shall also
be required to obtain a license from any County officer, he shall,
on making such application exhibit a valid County license. The said
application shall be upon a blank provided by the Township Secretary
and shall contain at least the following information verified by oath
or affirmation.
A.
Full name of the applicant and local address, if any.
B.
Permanent address.
C.
Name of employer or a statement that such applicant is self-employed.
D.
The nature of the goods, wares, services, or merchandise offered
for sale.
E.
A statement as to whether or not the applicant has ever been convicted
of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed
thereon. This shall not include parking penalties, but shall include
all other traffic violations.
F.
The type of vehicle to be used, if any.
G.
Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph; provided, where a person makes application for
himself and one or more helpers, all applicable personal information
specified above shall be given for each helper and verified or affirmed
by oath or affirmation by him and an individual license shall be required
for each helper. No license under this Part shall be transferable
from one person to another.
[Ord. 8, 10/5/1965, § 4; as amended by Ord. 12/7/1966,
§ 1]
1.
No license shall be issued under this Part until the sums set out
herein shall be paid to the Township Secretary and it shall be for
the use of the Township. At time each application is made a separate
application shall be filed and a separate permit fee shall be paid
by each person who shall actually conduct the soliciting or peddling
and shall apply where an employer desires to secure licenses for his
employees, agents, or servants.
2.
Applications shall not be approved by the Secretary immediately upon
presentation unless the identity of the applicant is definitely known
by the Secretary by personal knowledge, or by previous applications
of the same person for the same company, employer, etc.
3.
In all other instances, the Secretary shall investigate the application
as to references, and any possible information available as to the
product and or services petitioned by the application. The applicant
shall allow at least two weeks for this. The Secretary shall be satisfied
of the information so obtained, or shall refer same to a member of
the Board of supervisors or to a stated meeting.
5.
It is distinctly provided that the foregoing steps are for the protection
of the residents of the Township but the grant of a permit in no way
is a guarantee of the service or product and the Supervisors, their
agents, employees are in no way responsible for the quality of service
or products sold in the Township.
[Ord. 8, 10/5/1965, § 5; as amended by Ord. 12/7/1966,
§ 2; and by Ord. 2009-3, 8/31/2009]
The license granted pursuant to this Part shall be valid for
the periods listed below after the date of such license and upon the
expiration of any license, if the person holding the same shall desire
to continue or renew soliciting or peddling, he shall be required
to file a new application for a permit and pay a new license fee.
Such licenses may be issued, upon payment in advance of the fee in
an amount as established from time to time by resolution of the Board
of Supervisors.
[Ord. 8, 10/5/1965, § 6]
Such license when issued shall state, inter alia, the products
to be sold or services to be rendered by the licensee. Every solicitor
or peddler shall at all times, when engaged in soliciting or peddling
in the Township of Douglass, carry such license upon his person and
shall exhibit it upon request, to all police officers, Township officials,
and citizens. No solicitor or peddler shall engage in selling any
product or service not mentioned on such license.
[Ord. 8, 10/5/1965, § 7; as amended by Ord. 12/7/1966,
§ 3]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after 4:00 p.m., except Sunday, unless by specific appointment.
During the time of the year when Eastern Standard Time is effective
the aforesaid hours shall be Eastern Standard Time and during the
time of the year when Daylight Saving Time is effective, the aforesaid
hours shall be Daylight Saving Time. Deliveries of previously ordered
items may be delivered as late as 7:00 p.m. on any day except Sunday.
[Ord. 8, 10/5/1965, § 8]
No person licensed as a solicitor or peddler under this Part
shall park any vehicle upon any of the streets, highways, or alleys
of the Township in order to sort, re-arrange, or clean any of his
goods, wares, services, or merchandise; nor shall any such person
place or deposit any refuse on any such streets, highways, or alleys;
nor shall any such person maintain or keep a street or curbstone market
by parking any vehicle upon any street or alley in the Township for
longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
[Ord. 8, 10/5/1965, § 9]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the sidewalks of the streets,
highways, alleys, or sidewalks of the Township for the purpose of
soliciting or peddling with or without any stand or counter.
[Ord. 8, 10/5/1965, § 10]
The Secretary shall keep a record of all licenses issued under
this Part and the Chief of Police shall apply daily for list of licenses
issued hereunder since the previous day. The Chief of Police shall
supervise the activities of all holders of such licenses.
[Ord. 8, 10/5/1965, § 11]
Any license issued under this Part may be suspended or revoked
at any time by the Secretary of the Township of Douglass upon proof
being furnished to him that the application contained false information
or that the applicant or licensee was convicted of a crime involving
moral turpitude after the issuance of such license and that the licensee
was convicted of disorderly conduct under any law of the Commonwealth
of Pennsylvania or any ordinance of the Township of Douglass.
[Ord. 8, 10/5/1965, § 12]
No person licensed as a solicitor or peddler under this Part
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Township nor shall be use any loud speaker, bell,
whistle, or other device for announcing his presence by which the
public is annoyed.
[Ord. 8, 10/5/1965, § 13; as amended by Ord. 2009-3,
8/31/2009]
Any person, firm or corporation who shall violate any provision
of this Part, 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 more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. 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.
