[HISTORY: Adopted by the Board of Supervisors of the Township
of Lawrence 8-2-2023 by Ord. No. 2023-03. Amendments noted where applicable.]
A. As used in this chapter, the following terms shall have the meanings
indicated:
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
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, from house to house,
by visitation to private residences, or by entering in or upon private
property within the Township. The words "soliciting" and "peddling"
shall not apply to:
(1)
Farmers seeking or taking orders for the sale of their own product(s).
(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 associates, their agents,
or employees, who have 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.
(6)
Representatives and members of Boy Scouts of America, Girl Scouts
of America, Lions, Kiwanis, American Association of Retired Persons,
Disabled American Veterans, YWCA and YMCA, YWHA and YMHA, Red Cross,
Salvation Army and other national and international service organizations
and associations existing for the benefit of young, aged, handicapped
or stricken persons and soliciting or selling for the purpose of self-perpetuation
and which may be registered as charitable organizations with the state
or federal government.
(7)
School children selling goods, wares, or merchandise where the
funds or proceeds of the sale are to be applied exclusively for a
function or organization sponsored or approved by the school where
such children attend.
(8)
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
PERSON
Any natural person, association, partnership, firm, organization,
or corporation.
SOLICITING
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, from house
to house, by visitation to private residences, or by entering in or
upon private property, within the Township.
SOLICITOR
Any person who shall engage in soliciting as hereinabove
defined.
B. In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A. It shall be unlawful to engage in soliciting or peddling in the Township
of Lawrence without first obtaining a license as herein provided.
B. No person shall engage in soliciting or peddling in the Township
without first having taken out a license as herein provided.
A. Every person desiring to engage in soliciting or peddling in the
Township shall first make application to the Township Code and Zoning
Officer for a license. A fee in an amount to be established from time
to time by resolution of the Township shall be paid to the Township
Code and Zoning Officer for processing of the application for license.
If such person shall also be required to obtain a license from any
state or county offices, he or she shall, when making such registration,
exhibit a valid license from such state or county offices. The application
shall be upon a blank form provided by the Township Code and Zoning
Officer and shall contain at least the following information verified
by oath or affirmation:
(1) Proof of the identity, including date of birth, photo ID, home address
of the applicant and the name and address of the employer or firm
which such applicant represents;
(2) A description of the nature, character and quality of the goods to
be sold;
(3) If employed by another, the name, address and telephone number of
the employer, or if acting as an agent, the name, address and telephone
number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of
the employee or agent to act for the employer or principal as the
case may be;
(4) If a motor vehicle is to be used, a description of the vehicle, including
make, model and color, together with the motor vehicle state and license
plate number;
(5) A description of the proposed location(s) of the solicitation;
(6) The hours for which the license to engage in peddling or soliciting
is desired;
(7) 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;
(8) A statement as to whether or not the applicant or any agent has been
convicted of a felony, misdemeanor or ordinance violation (other than
traffic violations), the nature of the offense or violation, the penalty
or punishment imposed, the date when and place where such offense
occurred, and other pertinent details;
(9) Written proof of his authority to represent the company or individual
he states he represents.
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 chapter shall be transferable from one person
to another.
The applicant must provide a background check to the Township
that has been obtained in the past 60 days.
No license shall be issued under this chapter until the applicant
fee sum in an amount to be established from time to time by resolution
of the Township shall be paid to the Township, and it shall be for
the use of the Township. The application fee shall include the first
thirty-day license. Such licenses may be issued, in advance, for consecutive
thirty-day periods not exceeding 12 in number, upon payment, in advance,
of an amount established from time to time by resolution of the Township
Supervisors for each thirty-day period. 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 chapter 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 12 in number, upon payment, in advance, of an amount established
from time to time by resolution of the Township Supervisors for each
thirty-day period provided in the fee schedule.
Every solicitor or peddler shall at all times, when engaged
in soliciting or peddling in the Township, 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.
It shall be unlawful for any person while engaged in peddling
or soliciting to:
A. Engage in any such business without first obtaining a license therefor
in compliance with the provisions of this chapter.
B. Engage in peddling or soliciting activity between the hours of 8:00
p.m. and 9:00 a.m., and 8:00 p.m. Friday until 9:00 a.m. Monday, unless
said activity is as a result of a request or an appointment made by
the occupant or such activity is authorized pursuant to the terms
of a license for a special event.
C. Engage in peddling or soliciting activity on any federally observed
holiday.
D. Knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a building other than at the primary entrance
to the building.
E. 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 to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddlers,"
"No Solicitors," or words of similar import, provided that the provisions
of this section shall not apply to any solicitor or canvasser who
knocks at any door or rings any bell at the invitation or with the
consent of some member of the household at which he so applied for
admission.
F. Engage in peddling or soliciting activities from any vehicle while
the vehicle is located upon any street, avenue, boulevard, or alley
within the Township. This subsection shall not apply to the delivery
of previously ordered merchandise.
G. Misrepresent the purpose of the solicitation.
H. Continue efforts to solicit from an individual once that individual
informs the solicitor that he does not wish to make a purchase from
that solicitor.
I. Represent the issuance of a license under this chapter as an endorsement
of recommendation of the Township of Lawrence.
J. Solicit in the Township of Lawrence without displaying the required
license.
K. Solicit at locations other than those listed in his application for
a license.
L. Fail or refuse to display such license and identification upon the
request of any person demanding the same.
M. Duplicate, copy or otherwise display a facsimile of a license issued
pursuant to this chapter.
N. Engage in any activity that interferes with the safe and convenient
movement of persons and vehicles, creates any hazardous condition
or is detrimental to the public health, safety or general welfare.
Persons licensed as a solicitor or peddler under this chapter
shall engage in soliciting or peddling Monday through Friday, 9:00
a.m. until 8:00 p.m. No person shall engage in peddling or soliciting
activity between the hours of 8:00 p.m. Friday until 9:00 a.m. Monday,
unless said activity is as a result of a request or an appointment
made by the occupant or such activity is authorized pursuant to the
terms of a license for a special event. No person licensed as a solicitor
or peddler under this chapter shall engage in soliciting or peddling
on any federally observed holiday.
Any and all peddlers and solicitors are prohibited from entering
upon any property that is posted with a "No Peddling or Soliciting"
sign. If such a sign is posted, the peddler or solicitor shall immediately
and peacefully depart from the property.
No person licensed as a solicitor or peddler under this chapter
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 streets, highways, or alleys. No such person shall
maintain or keep a street or curbstone market by parking any vehicle
upon any streets 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 chapter
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.
No person licensed as a solicitor or peddler under this chapter
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Township, nor shall be use any loudspeaker, bell,
whistle, or other device for announcing his presence by which the
public is annoyed.
The Code and Zoning Officer shall keep a record of all licenses
issued under this chapter and make a report to the Board of Supervisors
as deemed necessary.
Any license issued under this chapter may be suspended at any
time by the Township Code and Zoning Officer for violation of any
of the provisions of this chapter, or for giving false information
on any application for a license hereunder or for the applicant or
licensee having been convicted of a crime involving moral turpitude
after issuance of such license or for the licensee having been convicted
of disorderly conduct under any law of the Commonwealth of Pennsylvania
or any ordinance of the Township. Appeals from any suspension may
be made to the Board of Supervisors at any time within 10 days after
such suspension. No part of a license fee shall be refunded to any
person whose license shall have been suspended.
Any person, firm, or corporation who shall violate any provision
of this chapter, 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 less than $25 nor 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 chapter continues or each section of this chapter which shall
be found to have been violated shall constitute a separate offense.