[HISTORY: Adopted by the Board of Supervisors
of the Township of Tredyffrin as Ch. III, Art. 1, of the 1979 General
Laws of the Municipality of Tredyffrin. Amendments noted where applicable.]
From and after the enactment hereof, it shall be unlawful for any person, not exempted by § 143-6 hereof, who is not the holder of a valid and unexpired license issued pursuant to this chapter to engage in selling, purchasing or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description or in soliciting contributions, gifts or pledges of money or any other thing of value by visitation to private homes or residences or on the public streets or highways of Tredyffrin Township.
A.
Any person, not exempted by § 143-6 hereof, desiring to obtain a license to engage in the activities described in § 143-1 above shall make application thereof, in person, to the Township Manager. The applicant shall supply, over his signature, the following information:
(1)
His name.
(2)
His place and date of birth.
(3)
His temporary address.
(4)
His residence address.
(5)
The address at which he will receive notices under
this chapter.
(6)
The name and address of his employer or principal,
if any, and the nature of the business activity thereof.
(7)
The nature of the business or activity in which the
applicant wishes to engage within the township.
(8)
A statement as to whether the applicant has been convicted
of any crime other than of minor traffic violations and, if so, of
what crime or crimes.
B.
The applicant shall, together with his application,
submit to the Township Manager his photograph, the fingerprints of
his two hands and a written description of himself, all recorded by
the Tredyffrin Township Police, and shall pay a fee amount as set
from time to time by resolution of the Board of Supervisors to defray
the cost of administering this chapter.
C.
Upon submission of said application and supporting evidence of identification and the payment of fee as aforesaid, there shall be issued to the applicant a license in the form of a card which shall, unless revoked, entitle the licensee to engage in the activities described in § 143-1 above, for a period of one year from the date of issuance.
D.
Licenses may be renewed annually upon payment of the
fee hereinabove provided for and amendment of the original application
to reflect any changes necessary in the information therein contained.
E.
A permit card issued pursuant to this chapter is not transferrable
to any other person or entity. A permit card issued pursuant to this
chapter is not transferable to any employee or agent of a licensee
who is not listed in the licensee's permit card application. 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 permit cards for
his employees or agents.
[Added 9-17-2018 by Ord.
No. HR-421]
Every person to whom a license has been issued
hereunder shall, in the carrying on of his business or activities
in the township, comply with the following rules of conduct:
A.
He shall carry his license card at all times and exhibit
it upon request to any peace officer or any person upon whom he shall
call or with whom he shall talk in carrying on his licensed activities.
B.
He shall not permit any person to have possession
of his license card and shall immediately report its loss to the Township
Manager. He shall not cause or permit his license card to be altered
or defaced.
C.
He shall not enter or attempt to enter any dwelling
house without invitation or permission of the occupant and shall immediately
leave any premises upon request.
D.
He shall not represent his license card to be an endorsement
of himself or of his goods or services or of the goods or services
of his principal or employer.
E.
He shall immediately surrender his license card upon
revocation of his license as hereinafter provided.
F.
He shall peddle, solicit or distribute merchandise only between the
hours of 9:00 a.m. and dusk, which for the purposes of this subsection
is hereby defined as 30 minutes after sunset Monday through Saturday
and is expressly prohibited on Sundays.
[Added 9-17-2018 by Ord.
No. HR-421]
G.
He shall comply with "No Soliciting" notices posted on any property or business in the Township and comply with the standards relating to the "No Soliciting" registry established by § 143-6 of this chapter.
[Added 9-17-2018 by Ord.
No. HR-421]
H.
He shall not engage in peddling or soliciting in a manner that is
intended to or is likely to intimidate a person responding affirmatively
to the peddling or soliciting activity; or is likely to cause a reasonable
person to fear imminent bodily harm or the commission of a criminal
act upon a person's property.
[Added 9-17-2018 by Ord.
No. HR-421]
[Amended 10-19-1998 by Ord. No. HR-278]
Any license hereafter issued may be revoked by the Board of Supervisors upon the failure of the licensee to comply with the standards of conduct established by § 143-3 hereof or upon ascertainment that the licensee has made any false statement in his application for license hereunder. Notice of revocation shall be given by written notice personally served or sent by certified mail to the address designated for this purpose in the application for license.
Any person whose license has been revoked shall
be entitled to appear, with counsel, if he so desires, before the
Board of Supervisors at a regular or special meeting and be heard
in behalf of a request for reinstatement of his license.
[Amended 10-19-1998 by Ord. No. HR-278; 9-17-2018 by Ord. No. HR-421]
A.
Any resident
of Tredyffrin Township may register with the Tredyffrin Township Police
Department by signing a registration application indicating that such
owner or resident of such home does not wish to be solicited.
B.
Any person
seeking a permit card under the provisions of this chapter shall,
in signing the application to obtain the same, agree that he or she
will not solicit homes whose owners or residents have signed a registration
list which indicates that such owner or resident of such home does
not wish to be solicited. Such a list shall be held by the Police
Department, and a copy thereof shall be given to each person obtaining
a license and identification card under the provisions of this chapter.
In the event that such person soliciting within the boundaries of
the Township shall fail to recognize the wishes of the homeowner or
the resident of such home expressed in the notice, then any such attempt
to solicit such home shall result in revocation of the solicitor's
license and identification card.
The following persons are exempted from the licensing requirements
of this chapter:
A.
Persons
soliciting contributions in behalf of organizations or nonprofit corporations
exempted from the provisions of or duly registered pursuant to the
Act of 1925, May 13, P.L. 644, as amended;[1] who, while soliciting, are possessed of a card or other
written evidence of their appointment or authority to solicit for
said organization or corporation.
[1]
Editor's Note: See now 10 P.S. § 162.1 et seq.,
the Solicitation of Funds for Charitable Purposes Act.
B.
Farmers
engaged in selling only the produce of their own farms from a truck
or other vehicle.
C.
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 143-1 above, when so engaged; including, without limitation to real estate, insurance or securities brokers and salesmen.
D.
Minors
who are members of civic organizations or who are involved in school-sanctioned
fund-raisers.
[Amended 10-19-1998 by Ord. No. HR-278]
[Amended 10-19-1998 by Ord. No. HR-278; 10-2-2000 by Ord. No. HR-290]
Any person who violates or permits a violation
of this chapter shall be guilty of a summary violation and, upon conviction,
shall be sentenced to pay a fine of not more than $1,000, plus all
court costs, including reasonable attorney's fees, incurred by the
township in the enforcement of this chapter. Each day a violation
exists shall constitute a separate offense. In default of the payment
of any fine, the defendant shall be sentenced to imprisonment to the
extent allowed by law for the punishment of summary offenses. Further,
the appropriate officers or agents of the township are hereby authorized
to seek any other available relief at law or equity, including injunction,
to enforce compliance with this chapter.
