[HISTORY: Adopted by the Board of Commissioners
of the Township of Muhlenberg 10-20-2008 by Ord. No. 457[1]; amended in its entirety 9-15-2014 by Ord. No. 534 (Ch. 100 of the 1982 Code).
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 100, Peddling and Soliciting, adopted 10-5-1964 by Ord.
No. 50, as amended.
A.
This chapter shall not apply to
parades or street gatherings otherwise permitted in the Township or
any event or activity conducted pursuant to a license, permit or agreement
with the Township.
B.
CANVASSER
CANVASSING
LICENSEE
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this chapter, the following
terms shall have the meanings indicated, unless a different meaning
appears from the context:
Any person who engages in canvassing, as defined in this
chapter.
Conduct, other than soliciting or peddling as defined in
this chapter, which involves the examination, discussion, requesting,
distribution and/or accumulation of opinions, votes, support or any
information or communication, whether or not protected under the Constitutions
of the Commonwealth of Pennsylvania or the United States, upon any
of the streets or sidewalks or from house to house, or from or to
persons in commercial, industrial, professional or any other sort
of building whatsoever, within the Township of Muhlenberg. Contributions
sought in connection with or in support of the above-described conduct,
including payments for books, pamphlets or other materials connected
with or in support of the canvasser's message or mission, also qualify
as canvassing and shall not be subject to solicitation requirements.
Any person who has obtained a license for soliciting or peddling
under this chapter.
Any person engaged in peddling, as defined in this chapter.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, whether 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 from house to house, or to
persons in commercial, industrial, professional or any other sort
of building whatsoever, within the Township of Muhlenberg. This definition
of peddling excludes canvassing, as defined in this chapter.
Any natural person, association, partnership, firm or corporation.
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery or for subscriptions or contributions,
including the seeking or taking of contracts or orders for house or
other building repairs, improvements and alterations and also including
orders or contracts for any mechanical, electrical, plumbing or heating
device or equipment for house or other building improvements or repairs,
upon any of the streets or sidewalks or from house to house or from
persons in commercial, industrial, professional or any other sort
of building whatsoever, within the Township of Muhlenberg. This definition
of soliciting excludes canvassing, as defined in this chapter.
Any person who engages in soliciting, as defined in this
chapter.
C.
For purposes of this chapter,
the singular shall include
the plural, and the plural shall include the singular; the masculine
shall include the feminine and neuter.
A.
Except as provided in Subsection B below, no person shall engage in soliciting or peddling in the Township of Muhlenberg without first having applied for and received a license as hereinafter provided.
B.
No license shall be required for:
(1)
The sale, or offering for
sale, of goods, wares and merchandise donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose within the meaning of § 501(c)(3) of the Internal
Revenue Code.
(2)
The seeking or taking of orders
by insurance agents or brokers licensed under the insurance laws of
the Commonwealth of Pennsylvania.
(3)
Farmers selling, or offering
for sale, their own produce.
(4)
The sale, or offering for
sale, of bread and bakery products, meat and meat products or milk
and milk products by any manufacturer or producer thereof.
(5)
Any person who has complied
with the provisions of the Solicitation of Funds for Charitable Purposes
Act, 1990, December 19, P.L. 1200 (10 P.S. § 162.1 et seq.).
(6)
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 Girl Scouts
of America or the Boy Scouts of America or similar organizations.
(7)
Any recognized volunteer fire
company or volunteer rescue unit.
(8)
Persons seeking local, county,
state or federal elective office or persons engaged on behalf of a
candidate for local, county, state or federal elective offices.
(9)
Persons engaged in the distribution,
without cost or charge, of religious materials.
(10)
Canvassing.
D.
A license shall be required for
each natural person, association, partnership, firm or corporation
engaged in soliciting or peddling and shall further be required, on
an individual basis, for and in the name of each proposed solicitor
or peddler engaged as an employee, helper, agent or representative;
and except as otherwise provided, license fees shall be charged on
the basis of each separate license so issued.
E.
No license issued pursuant to
the provisions of this chapter shall be transferable from one person
or entity to another.
A.
Every person desiring to engage
in soliciting or peddling within the Township of Muhlenberg shall
first make application to the Police Department of the Township 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.
B.
Every application shall be upon
a form provided by the Police Department and shall contain, at a minimum,
the following information and be verified by oath or affirmation:
(1)
The full name of the applicant
and permanent address as well as any local address, if any.
(2)
The name and address of his
employer or sponsor.
(3)
The purpose of the proposed
soliciting and/or peddling as well as a description of the nature
of any goods, wares, devices, articles, subscriptions, contributions,
contracts or services to be offered for sale or provided or for which
he wishes to solicit within the Township of Muhlenberg.
(4)
A listing of all misdemeanors,
felonies or violations of any municipal ordinances for which the applicant
has been convicted, the factual nature of the offense and the punishment
assessed therefor. Where the applicant is not a natural person, the
provisions of this subsection shall apply to the officers, partners,
managers or other persons in charge of such entity.
(5)
The place or places within
the Township of Muhlenberg where the applicant proposes to engage
in soliciting and/or peddling and the length of time he proposes to
do so.
(6)
The place or places within
the Township of Muhlenberg where he, within two years preceding the
date of said application, did conduct soliciting and/or peddling.
(7)
A brief statement of the nature
and character of any public advertising to be done in conjunction
with the proposed soliciting and/or peddling.
(8)
Credentials showing that any
individual applicant, acting as a representative of another, is authorized
to act as such representative.
(9)
A photograph of the applicant,
taken within 30 days immediately prior to the date of filing of the
application, which picture shall be two inches by two inches, showing
the head and shoulders of the applicant in a clear and distinguishing
manner. Where the applicant is not a natural person, the provisions
of this subsection shall apply to the officers, partners, managers
or other persons in charge of such entity.
(10)
If a vehicle is to be used,
a description of same, together with the registration number. If the
vehicle to be used is replaced after a person obtains a license, that
licensee shall provide the Township with updated vehicle information
prior to use of such replacement vehicle.
(11)
A complete list of the names
and addresses of all employees, agents, helpers or representatives
to be engaged by the applicant in the proposed soliciting and/or peddling.
Each person who engages in any activity requiring a license shall
obtain his or her own license.
(12)
Such other information as
the Police Department may deem reasonably necessary to permit the
Police Department to fulfill the purposes of this chapter and protect
the public health, safety and welfare, including, upon request, the
submission by the applicant to fingerprinting.
C.
The Police Department shall hold
each application for a five-day period, during which the Chief of
Police or his designee shall conduct a criminal background check on
each applicant.
A.
Application for license shall
be made at the Police Department, Township of Muhlenberg, 210 George
Street, Reading, Pennsylvania, between the hours of 9:00 a.m. and
4:00 p.m., on any day except Saturday, Sunday or any legal holiday.
B.
The Police Department, after approval
of the Chief of Police, may deny the issuance of a license for cause
in the case of any person not satisfying the provisions of this chapter,
or in the event that the conduct of the proposed soliciting and/or
peddling would be injurious to the public health, safety or general
welfare, or in the event that the background check indicates that
the applicant has been convicted of a crime involving moral turpitude;
otherwise, he shall issue a license to the applicant. Any license
so issued shall contain the information required to be given upon
the application therefor.
C.
The Police Department, after approval
by the Chief of Police, may suspend or revoke at any time any license
issued under this chapter if there is a determination by the Police
Department of any of the following:
(1)
The application for the license
contained false information;
(2)
The licensee has been soliciting
and/or peddling within the Township of Muhlenberg in a manner which
is injurious to the public health, safety or general welfare;
(3)
The licensee has been convicted
of a crime involving moral turpitude or violence within the last five
years; or
(4)
The licensee has otherwise
violated any provision of this chapter.
A.
Licenses may be issued for such
periods as shall be established from time to time by resolution of
the Board of Commissioners and shall be valid only for the period
issued, unless sooner revoked or suspended for cause as hereinabove
set forth. License fees shall be established from time to time by
resolution of the Board of Commissioners.
B.
The following are exempt from
any license fees imposed by this chapter:[1]
(1)
Any natural person not receiving
compensation and acting on behalf of an organization holding an exemption
for federal income tax purposes under § 501(c)(4) of the
Internal Revenue Code.
(2)
Any organization holding an
exemption for federal income tax purposes under § 501(c)(4)
of the Internal Revenue Code.
Every licensee shall, at all times while engaged in soliciting
and/or peddling in the Township of Muhlenberg, carry such license
upon his person and shall exhibit such license upon request to all
police officers, Township officials and citizens of the Township of
Muhlenberg. No solicitor or peddler shall engage in soliciting or
peddling in any manner which is inconsistent with that mentioned and
described upon such license, nor shall any person use any vehicle
for soliciting or peddling other than the vehicle registered upon
his license.
No person shall engage in soliciting and/or peddling at any
time on Sunday or upon any other day of the week before 9:00 a.m.
or after 7:00 p.m. prevailing time. No person shall engage in canvassing
before 9:00 a.m. or after 7:00 p.m. prevailing time on any day of
the week.
No person engaged in canvassing, soliciting and/or peddling
shall hawk or cry his goods, wares, merchandise, offers, contracts,
services, solicitations, information and/or communications upon any
of the streets or sidewalks of the Township of Muhlenberg, nor shall
he use any loudspeaker or horn or any other device for announcing
his presence or conducting his canvassing, soliciting and/or peddling.
No person engaged in canvassing, soliciting and/or peddling
shall park any vehicle upon any of the streets or alleys of the Township
of Muhlenberg in order to sort, arrange or clean any of his goods,
wares or merchandise, or samples, order books, contracts, circulars,
literature or advertising matter pertaining thereto; nor may any such
person place or deposit any refuse upon any such streets or alleys;
nor may any such person maintain or keep a street or curbstone market
or canvassing, solicitation and/or peddling office by parking any
vehicle upon any such street or alley for longer than is necessary
to canvass, solicit from or peddle to persons residing in the immediate
vicinity.
A.
No person engaged in soliciting
and/or peddling shall occupy any fixed location upon any of the streets
or alleys or sidewalks of the Township of Muhlenberg for the purpose
of soliciting and/or peddling, with or without any stand or counter.
B.
No person engaged in canvassing
shall occupy any fixed location upon any of the streets, alleys or
sidewalks of the Township of Muhlenberg for the purpose of canvassing
with any stand, counter, table or similar device without advance approval
of the Township. A person who wishes to canvass in this manner must
apply for approval at least two business days in advance on a form
provided by the Police Department, which shall contain the following
information and be verified by oath or affirmation:
(1)
The full name of the applicant
and permanent address as well as any local address, if any.
(2)
The name and address of his
employer or sponsor.
(3)
The place or places within
the Township of Muhlenberg where the applicant proposes to engage
in canvassing and the length of time he proposes to do so.
(4)
A brief description of any
proposed device (e.g., stand, counter, table) to be used as part of
the proposed canvassing, including dimensions and placement.
(5)
Credentials showing that
any individual applicant, acting as a representative of another, is
authorized to act as such representative.
(6)
A complete list of the names
and addresses of all employees, agents or representatives to be engaged
by the applicant in the proposed canvassing.
(7)
Such other information as
the Police Department may deem reasonably necessary to permit it to
assess whether the proposed canvassing will threaten the public health,
safety and welfare by interfering with emergency access and free movement
on the streets, alleys, or sidewalks of the Township of Muhlenberg.
C.
The Township Police Department shall grant the approval sought under § 253-10B, if:
(1)
The applicant provides all
information required under this section;
(2)
The proposed canvassing does
not threaten the public health, safety and welfare by interfering
with emergency access and free movement on streets, alleys, or sidewalks
of the Township of Muhlenberg; and
(3)
The applicant agrees to comply
with any modifications or conditions requested by the Township Police
Department to ensure emergency access and free movement on streets,
alleys, or sidewalks of the Township of Muhlenberg.
D.
Any person engaged in canvassing
who occupies any fixed location upon any of the streets or alleys
or sidewalks of the Township of Muhlenberg for the purpose of canvassing
and does so without any stand, counter, table, or similar device does
not require advance approval of the Township but shall not threaten
the public health, safety and welfare by interfering with emergency
access and free movement on streets, alleys, or sidewalks of the Township
of Muhlenberg.
The Police Department shall keep a complete record of all licenses
issued under this chapter, and it shall monitor the activities of
all licensees within the Township of Muhlenberg during the period
that such license remains in effect.
A.
Any owner or lawful occupant
of any residence within the Township of Muhlenberg who wishes to prohibit
soliciting or peddling by a licensee at his or her residence may register
the address of such residence on a do-not-solicit list with the Police
Department.
B.
As of the date of the registration
of a residential address on the do-not-solicit list, all soliciting
and peddling by a licensee at such address shall be prohibited until
such time, if at all, that the address has been deleted from the do-not-solicit
list.
C.
The Police Department shall maintain
a current copy of the do-not-solicit list and provide the most current
copy of the list to licensees.
D.
Neither the Township nor any
of its officers, employees, agents or authorized volunteers shall
be liable to any person for any injuries, damages or liabilities of
any kind arising from or relating to any errors or omissions that
may occur in compiling or maintaining the do-not-solicit list.
E.
Upon registration on the do-not-solicit
list, the Township shall provide the resident with a do-not-solicit
sticker, which may be displayed on the registered residence.
F.
This section shall not prevent
any owner or lawful occupant of any property in the Township, residential
or otherwise, from posting a sign that states "No Peddlers," "No Solicitation,"
"No Canvassers," or words of similar import.
It shall be unlawful for any person while peddling, soliciting,
or canvassing to knock, ring the doorbell, or otherwise attempt to
gain the attention of the occupant(s) of a residence in the Township
where the owner, occupant, or person legally in charge of the premises
has posted at the primary entrance of the premises, or at the entry
to the principal building on the premises, a Township do-not-solicit
sticker or a sign bearing the words "No Peddlers," "No Solicitation,"
"No Canvassers," or words of similar import.
The following activities are hereby prohibited, unlawful and
declared to be a nuisance:
A.
Entering a private residence
or place of business within the Township of Muhlenberg by a canvasser,
solicitor and/or peddler under false pretenses for the purpose of
canvassing, soliciting and/or peddling;
B.
Remaining in a private residence
or upon the grounds thereof, or in any place of business or upon the
grounds thereof, after the owner or person lawfully in possession
thereof shall have requested him to leave;
C.
Going in and upon the premises
of a private residence or place of business by a canvasser, solicitor
and/or peddler for the purpose of canvassing, soliciting and/or peddling,
when the owner or person lawfully in possession thereof has posted
or displayed a Township do-not-solicit sticker or a "No Soliciting"
sign, or similarly worded sign, upon such premises in a manner and
at such location it is reasonably visible to and can be read by any
potential canvasser, solicitor or peddler;
D.
Soliciting or peddling at a residence
on the do-not-solicit list;
E.
Fraud or misrepresentation;
F.
Conducting soliciting or peddling
contrary to the terms of the license;
G.
Conducting soliciting or peddling
without obtaining a license when a license is required; and/or
H.
Conducting canvassing in a manner
that threatens the public health, safety and welfare by interfering
with emergency access and free movement on streets, alleys, or sidewalks
of the Township of Muhlenberg.
A.
Any person who violates any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine to the Township of Muhlenberg of not more than $600 and/or
imprisonment for a term not to exceed 30 days.
B.
Any person who solicits or peddles
contrary to the terms of a license or any provision of this chapter,
or who solicits or peddles without first obtaining a license under
this chapter, may be required by the Township of Muhlenberg to cease
activities immediately.
C.
Both the Township of Muhlenberg
and its Police Department are authorized to enforce the provisions
of this chapter.
