In this article, the singular shall include the plural and the
masculine shall include the feminine and the neuter. Certain terms
are defined as follows:
Any person who shall engage in peddling, as herein defined.
The selling or offering for sale of any goods, wares, services,
including financial services, damage or fire restoration 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, from house to house,
by visitation to private residences or by entering in or upon private
property within the Township.
Any natural person, association, partnership, firm, organization
or corporation
The seeking or taking of contracts or orders for any goods,
wares, services, including financial services, damage or fire restoration
services or merchandise for future delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks, from house
to house, by visitation to private residences or by entering in or
upon private property within the Township, 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, services
or equipment for houses or other building improvements or repairs
upon or from the places aforesaid within the Township.
Any person who shall engage in soliciting, as hereinabove
defined.
A.
No person shall engage in soliciting or peddling in the Township
without first having obtained a valid license as herein provided.
Notwithstanding possession of a valid license, no person shall peddle
or solicit or attempt same at any residence that displays a "Do Not
Solicit" sign and the name and address is listed on Do Not Solicit
List provided by Police Department.
B.
Soliciting and peddling shall not apply to:
(1)
Farmers seeking or taking orders for the sale of their own products;
(2)
The seeking or taking of orders by any manufacturer or producer for
the sale of bread and bakery products, meat and meat products or milk
and milk products;
(3)
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;
(4)
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance;
(5)
Persons, corporations, partnerships and associations, their agents
or employees, who have complied with the provisions of the Act of
Assembly of the Commonwealth of Pennsylvania of 1935, P.L. 644, as
amended, governing solicitations for charitable, benevolent, patriotic
or other purposes; or
(6)
Any person taking orders for merchandise from dealers or merchants,
for resale to an ultimate consumer.
A.
Every person desiring to engage in soliciting or peddling in the
Township shall first make application to the Secretary of the Board
of Supervisors or his designee 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 and provide a copy of any valid
county license.
(1)
The application shall be upon a blank provided by the Police Department
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 of the applicant.
(c)
Cellular telephone number or other number for immediate contact
of the applicant.
(d)
Name and contact number of immediate supervisor of applicant,
if any.
(e)
Name, address and primary contact number of employer or a statement
that such applicant is self-employed.
(f)
The nature of the goods, wares, services or merchandise offered
for sale.
(g)
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 there.
(h)
The type, description and registration number of vehicle(s)
to be used, if any.
(i)
The previous municipalities in which the applicant has conducted
such business.
(2)
The applicant shall furnish a Pennsylvania criminal history check
dated within 30 days of the date of application. An application for
a license may be refused for criminal activity that constitutes a
felony or for any crime, regardless of grading, that involves any
type of theft, fraud, misappropriation of public trust or computer
or electronic devices; or for prior validated complaints regarding
violations of this ordinance or similar ordinances in other municipalities.
Should issuance of license be denied based upon the criteria above,
the applicant may appeal such denial in writing to the Director of
Public Safety for the Township within five days of notice of denial
of application.
(3)
Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph.
B.
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 article shall be transferable from one person
to another.
No license shall be issued under this article until the sum
as set forth from time to time by resolution of the Board of Supervisors
shall be paid to the Township Secretary, and it shall be for the use
of the Township. 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.
The license granted pursuant to this article shall be valid for 30 days 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, in advance, for consecutive thirty-day periods not exceeding two in number, upon payment, in advance, of the license fee for each thirty-day period provided in § 137-4.
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, carry and prominently display 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.
No person licensed as a solicitor or peddler under this article
shall engage in soliciting or peddling on any day of the week before
8:00 a.m. or after 7:00 p.m., or at any time on Sundays or Holidays
recognized by the Township. 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.
No person licensed as a solicitor or peddler under this article
shall park any vehicle upon any of the streets, highways or alleys
of the Township in order to sort, rearrange or clean any of his goods,
wares, services or merchandise. No such person shall place or deposit
any refuse on any such streets, highways or alleys. No such person
shall maintain or keep a street or curbstone market by parking any
vehicle upon any street or alley in the Township for any longer than
necessary in order to sell therefrom to persons residing in the immediate
vicinity.
No person licensed as a solicitor or peddler under this article
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.
The Secretary or his designee shall keep a record of all licenses issued under this article, and the Director of Public Safety for the Township, through the police department, shall supervise the activities of all holders of such licenses and shall have the authority to refuse an application or suspend or revoke a license as specified in § 137-11.
Any application may be rejected or any license issued under this article may be suspended or revoked at any time by the Manager or his designee upon proof being furnished to him that the application for the license contained false, misleading or omitted material information or that the applicant or licensee was ineligible for a license based on the criteria in § 137-4 above. Further, a license may be suspended or revoked for a person who is cited for any of the prohibited activities listed in § 137-12 below.
No person shall:
A.
Peddle or solicit in the Township without a valid license or fail
to prominently display such license on their person when peddling
or soliciting;
B.
Peddle or solicit any product or type of product not mentioned in
applicant's license;
C.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Township or use any loudspeaker or horn or
any other devise for announcing his presence by which the public may
be annoyed;
D.
Peddle or solicit from a vehicle, or park such vehicle upon any of
the streets or alleys in the Township longer than necessary to deliver
products, goods or wares actually sold;
E.
Park any vehicle on any of the streets or alleys of the Township
for the purpose of sorting, rearranging or cleaning any of the applicant's
goods, wares or merchandise or for disposing of any carton, wrapping
material or any stock or wares or of foodstuffs which may have been
unsalable through handling, age or otherwise;
F.
Occupy any fixed location upon any of the streets, alleys or sidewalks
or elsewhere out-of-doors within the Township, for purpose of the
sale, storage, display of any goods, wares or merchandise, with or
without a stand or counter;
G.
Conduct any business, peddling or soliciting during prohibited hours;
H.
Engage in hard-sell tactics, generally defined as a method of advertising
or selling that is direct, forceful, and insistent or high-pressure
salesmanship, to sell any product or service or solicit funds; or
refuses to cease efforts to peddle or solicit after being personally
advised by a resident that they are not interested; and/or
I.
Solicit or peddle or attempt same to residents who display "Do Not
Solicit" signage and whose name and address is listed on Do Not Solicit
List provided by Police Department.
This article shall be enforced by the Police Department in an
action brought before a Magisterial District Justice in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. Any person, firm or corporation who or
which violates or permits the violation of this article shall, upon
conviction in a summary proceeding, be punishable by a fine of not
more than $1,000 or by imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense. Each section of this
article that is violated shall also constitute a separate offense.
