[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown 1-15-2018 by Ord. No.
433-18.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
313, Peddling and Soliciting, consisting of Article I, Licensing of
Peddlers and Solicitors, adopted 10-18-1954 by Ord. No. 19, as amended,
and Article II, Transient Retail Businesses, adopted 11-5-2001 by
Ord. No. 333-01, as amended.
This chapter is intended to regulate soliciting and peddling
in the Township to ensure the public health, safety and welfare; to
protect against criminal activities, such as fraud and burglary; and
to minimize disruption and disturbance to residents.
A.
AGGRESSIVE SOLICITING OR PEDDLING
GOODS
LEGAL HOLIDAY
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Peddling or soliciting, after a person being solicited has
made a negative response, in a manner that is: 1) likely to cause
a reasonable person to fear imminent bodily harm or the commission
of a criminal act upon property in a person's possession or in
or about the residence; 2) intend to or is likely to intimidate the
person into responding affirmatively to the peddling or soliciting
activity; 3) to refuse to display a license to the person being solicited;
or 4) to refuse to leave the premises upon being told to do so by
the owner, tenant, occupant or person in control of the property.
Any goods, wares, foodstuffs, merchandise or services offered
for sale, whether or not displayed.
New Year's Day, Martin Luther King Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas.
Any person who goes upon the premises of any private residence
in the Township, not having been invited by the occupant thereof,
or any person who goes upon the Township streets, sidewalks or other
public place, carrying or transporting goods, wares, merchandise,
personal property or services of any nature or offering the same for
sale.
All activities ordinarily performed by a peddler as indicated
under the definition of "peddler" herein.
Any natural person, partnership, association, corporation,
or other legal entity.
All activities ordinarily performed by a solicitor as indicated
under the definition of "solicitor" herein.
Any person who goes upon the premises of any private residence
in the Township, not having been invited by the occupant thereof,
or any person who goes upon any Township street, sidewalk, or other
public place, for the purpose of offering, taking or attempting to
take orders for the sale of goods, merchandise, wares or other personal
property of any nature for future delivery or for services to be performed
in the future, or for the solicitation of support or donations where
said support or donation is unsolicited by the person or entity being
solicited.
B.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and neuter.
No person shall engage in peddling or soliciting within the
Township without first having obtained from the Chief of Police or
designee a license, including any application fee or related fees,
in an amount set by resolution of the Board of Supervisors.
A.
The following persons, although subject to all other provisions of
this chapter, are exempt from the license and application requirements
when engaging in the activities described herein:
(1)
Persons engaged in religious proselytizing, political speech or the
distribution of handbills.
(2)
Persons soliciting information when such information is pursuant
to a legislative mandate, such as a census.
(4)
Children under the age of 18 years who take orders for newspapers,
greeting cards, candy, bakery products, and the like, or who represent
the Boy Scouts or Girl Scouts or similar organizations.
(5)
Persons who have complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, as amended, 10 P.S. § 162.1
et seq.
(6)
Persons engaged in the sale of goods, wares or merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
(7)
Farmers selling their own produce.
(8)
Manufacturers or producers of bread or bakery products, meats or
meat products, or milk or milk products.
(9)
Insurance agents or brokers, real estate brokers, securities brokers
licensed by the Commonwealth of Pennsylvania, who are engaged in the
selling or taking or orders.
(10)
Drug retail salespersons calling upon physicians, pharmacists,
veterinarians or hospitals.
A.
Every person desiring a license under this chapter shall file an
application with the Chief of Police or designee prior to commencing
soliciting or peddling activities. The application shall include,
at a minimum, the following:
(1)
The applicant's full name, date of birth, local address, permanent
address, telephone number, and proof of identification.
(2)
The name, address, telephone number and Tax ID of the applicant's
employer or principal.
(3)
The nature of business or activity in which the applicant wishes
to engage in within the Township and a description of the goods to
be sold or the service to be performed.
(4)
The days of the week and hours the applicant wishes to engage in
such activity.
(5)
If a vehicle is to be utilized, a description of the vehicle, the
vehicle license number and expiration date, and operator's driver's
license number and expiration date.
(6)
A current photograph of the applicant.
(7)
An authorization from the applicant's employer or principal,
which shall contain an agreement on the part of the employer or principal,
in consideration for issuance of the license, to become liable for
any and all acts of the applicant, while in the Township.
(8)
A statement whether or not the applicant has been convicted of a
felony, misdemeanor or local law violation (other than a traffic violation),
the nature of the offense or violation, the penalty or punishment
imposed, the date and place of the offense and other pertinent details.
(9)
Proof of possession of any license or permit which the applicant
is required to have under federal, state, county or other local law
in order to conduct the proposed peddling or soliciting.
(10)
An acknowledgement that the applicant is aware of and understands
the regulations set forth in this chapter.
(11)
If the applicant intends to utilize assistants, all applicable
information shall also be supplied for each assistant, and each assistant
will be required to obtain his/her own license.
B.
Licenses are not transferable to any other person or entity.
A.
Upon receipt of such application and the prescribed fee, the Chief
of Police or designee shall have five business days to review and
verify the information provided.
B.
If Chief of Police or designee finds such application in order, he
shall issue the license to the applicant.
C.
The Chief of Police or designee may deny a license if: 1) the application
is incomplete; 2) the information provides a reasonable basis for
determining that the public health, safety and welfare will be threatened
by the issuance of the license to the applicant; 3) if there are misrepresentations
in the application; 4) if any fraud or deceit is identified in the
application; 5) prior failure to comply with any law concerning soliciting,
peddling or consumer sale; or 6) the sale or offering for sale of
illegal merchandise or services is proposed.
D.
Every license holder shall carry and display the license upon his
person while engaged in peddling or soliciting within the Township.
The license holder shall exhibit such license, upon request, to all
police officers, Township officials and citizens or residents of the
Township.
E.
The license shall be valid of a period of six months from the date
of issuance.
No person involved in peddling or soliciting shall:
A.
Sell any good or service not listed on the license application.
B.
Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 9:00 a.m.
or after 7:00 p.m. on any day of the week other than a Sunday or legal
holiday.
C.
Enter or attempt to enter any dwelling or otherwise remain upon any
private property without the invitation or permission of the occupant
or owner or fail to immediately leave any premises upon the request
of the occupant or owner.
D.
Knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupants of a residence where the property is posted at the
primary entrance to the premises or at the entry to the principal
building on the premises with a sign bearing the words, "No Peddlers,"
"No Solicitors," or similar words.
E.
Engage in aggressive soliciting or peddling.
The Chief of Police or designee shall keep a record of all licenses
issued hereunder.
A.
The Chief of Police or designee is hereby authorized to suspend or
revoke any license if the holder fails to comply with the standards
of conduct or responsibilities set forth in this chapter. A license
may also be suspended or revoked upon the basis of:
(1)
Fraud, misrepresentation or false statements in the license application;
(2)
Fraud, misrepresentation or false statements by the licensee in the
course of peddling or soliciting;
(3)
Peddling or soliciting in violation of this chapter or in a manner
that violates federal, state or local law or regulations or the terms
of any other license involved in the peddling or soliciting;
(4)
Conviction of a crime involving moral turpitude; or
(5)
Peddling or soliciting in a manner as to create a public nuisance,
a breach of peace, or endanger the health, safety or general welfare
of the public.
B.
Appeals from any denial, suspension or revocation of a license may
be made to the Township's Board of Supervisor within 10 days
after such denial, suspension, or revocation. All appeals shall be
in writing and shall be heard by the Board of Supervisors at a regular
meeting scheduled more than five days after receipt of the appeal.
C.
Following the appellant's presentation of his position, the
Board of Supervisors may decide to reinstate or issue the license,
affirm the denial, suspension or revocation of the license, or modify
the suspension of the license. The decision of the Board of Supervisors
shall be final and binding on all parties.
D.
No part of a license fee shall be refunded to any person whose license
shall have been denied, suspended, or revoked.
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, including reasonable
attorneys' fees. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 30 days.
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.
