Township of Caln, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Caln 7-8-1975 by Ord. No. 1975-10. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 107.
Peace and good order — See Ch. 109.
A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
A person engaged in peddling.
PEDDLING
Engaging in the selling, soliciting, canvassing or taking of orders, by sample or otherwise, for any services, goods, foods, wares or merchandise of any and/or every nature and description whatsoever, except as specifically exempted in § 111-4B, or engaging in the solicitation of contributions, gifts or pledges of money, services or any other thing of value, by visitation to any private premises or residences or any stores, factories or places of business, or any other property or building, public or private, without the prior direct invitation of the residents, owners or occupiers thereof, or on any public highways or streets.
[Amended 9-30-1976 by Ord. No. 1976-10]
PERSON
A natural person, association, partnership, firm, corporation or group of persons, whether acting individually or through any agent, servant or employee, whether or not such agent, servant or employee is uncompensated or compensated by salary, by commission or in any other manner or arrangement, and whether such person is acting for himself or for the benefit of another.
[Amended 9-30-1976 by Ord. No. 1976-10]
B. 
Word usage. The singular shall include the plural, and the masculine shall include the feminine and neuter.
[Amended 10-29-2009 by Ord. No. 2009-08]
No person shall engage in peddling or soliciting or use the public ways therefor without first having received an approved peddler's/solicitor's license and identity card from the Caln Township Police Department. This license and identity card shall be displayed upon request of any police officer or resident of the premises being visited by any individual performing the function of a peddler or solicitor.
[Amended 9-30-1976 by Ord. No. 1976-10]
A. 
Every person wishing to peddle or solicit within the border of Caln Township shall first apply to the Caln Township Police Department for a peddler's/solicitor's license and identity card. The Caln Township Police department shall issue the same if it appears that:
[Amended 10-29-2009 by Ord. No. 2009-08]
(1) 
An application in proper form, containing all of the information requested thereon, has been executed and signed by the applicant.
(2) 
The appropriate license fee, as established pursuant to § 111-7 hereof, has been paid.
(3) 
The applicant has provided a Criminal History Background Check.
(4) 
No prior license issued by Caln Township has been revoked and remains unreinstated.
(5) 
No unexpired suspension of the peddler's/solicitor's license then exists.
(6) 
There is an endorsement on the application executed by the Caln Township Chief of Police certifying that he has made appropriate inquiries of various law enforcement agencies and finds no evidence of any act which if committed by the applicant after licensure within Caln Township would be the basis for a suspension or revocation of such license.
B. 
The application shall be upon a form supplied by the Township and shall contain all information required under § 111-4C hereof.
A. 
Every peddler, except persons exempted by Subsection B of this section, shall apply to the Chief of Police for a peddling license and shall supply at the time thereof evidence of any other valid county or state license which the law may require.
B. 
The following peddlers are hereby exempted from the licensing requirements of this chapter, but shall be bound by all other provisions of this chapter:
(1) 
Farmers selling only their own produce.
(2) 
Persons selling goods, wares, merchandise or services to businesses within the Township for use in the conduct of such business either by reason of resale to others or incorporation into products and services sold by such businesses to others or in the administration or operation of such business.
[Amended 9-30-1976 by Ord. No. 1976-10]
(3) 
Any manufacturer or producer selling only his own bread and bakery products, meat and meat products or milk and milk products.
(4) 
Real estate, insurance or securities brokers or employees thereof.
C. 
Application and issuance.
[Amended 9-30-1976 by Ord. No. 1976-10; 10-29-2009 by Ord. No. 2009-08]
(1) 
The application shall require:
(a) 
The name, address and description of each person who will be engaged in the act of peddling and soliciting within the borders of Caln Township.
(b) 
Information on whether any such peddler's/solicitor's license has ever been revoked or suspended in Caln Township or any other such city, municipality or borough.
(c) 
Information on the type of product, service or function this act of peddling or soliciting will support.
(d) 
The duration of time for which the act of peddling or soliciting will take place.
(e) 
A request for a criminal history background check.
(f) 
A description of each vehicle to be used while performing the act of peddling or soliciting.
(2) 
Peddler's/solicitor's licenses and identity cards shall not be transferable and shall be valid only for the period of time referenced by the application requirement found under § 111-4C(1)(d).
D. 
Nothing herein contained shall be construed to repeal any other existing ordinance requiring licensure nor exempt any peddler from the requirements of obtaining licenses mandated under other ordinances, including but not limited to health certificates required for food handlers under the Health Code.[1]
[1]
Editor's Note: See Ch. 89, Health and Sanitation.
[Amended 9-30-1976 by Ord. No. 1976-10]
No peddler shall engage in peddling on the public streets or highways nor in any building or upon any premises within the Township unless and until he holds an unsuspended, unrevoked, valid license so to do. No such license shall be issued unless the public's safety, morals, health and welfare shall not be impaired thereby, and unless and until the license fee shall have been paid to the Township Secretary, which fee shall be as established or amended from time to time by resolution of the Board of Commissioners.
Every person issued a license shall carry the same at all times while peddling and exhibit the same upon the request of any peace officer or citizen.
[Amended 10-29-2009 by Ord. No. 2009-08]
The fee for a peddler's/solicitor's license shall be established by resolution by the Board of Commissioners and may be amended from time to time. A lost license may be reissued for the balance of the period of the lost license upon the payment of $10. Upon expiration or earlier termination, the license shall be returned to the Caln Township Police Department and canceled or destroyed by it. Any license defaced or altered shall be invalid thereafter and shall not be reissued. For the purpose hereof, a stolen license shall be deemed defaced or altered.
[Amended 9-30-1976 by Ord. No. 1976-10]
It shall be unlawful for any peddler:
A. 
To enter any residence or place of business uninvited, or to remain thereabout after having been requested to leave.
B. 
To fail to have an identity card and a license on hand and/or exhibit the same upon demand.
C. 
To represent or to imply that the identity card or the license is an endorsement by the Township of the peddler or the goods or services being peddled.
D. 
To peddle or solicit before 9:00 a.m. or after 7:00 p.m. Monday through Friday; and to peddle or solicit before 10:00 a.m. or after 4:00 p.m. on Saturday, Sunday or legal holidays.
[Amended 10-29-2009 by Ord. No. 2009-08]
E. 
To peddle goods or services other than those licensed.
F. 
To peddle by hawking, crying or displaying goods or services upon any public ways, or to use any device to advertise his presence or his goods and services.
G. 
To engage in peddling prior to issuance of an identity card and license or after the expiration, suspension or revocation of the same.
H. 
To fail to notify the Caln Township Police Department of any change in the address of any licensee or of any change in any information or any new information which if included in the original application would have been a basis upon which the Police Department may have declined to issue a permit.
[Amended 10-29-2009 by Ord. No. 2009-08]
[Amended 10-29-2009 by Ord. No. 2009-08]
The Caln Township Police Department shall maintain a register of the identity cards and licenses issued hereunder and shall keep the same available for inspection by the public at any time.
[Amended 9-30-1976 by Ord. No. 1976-10]
A. 
Any license may be suspended or revoked by the Chief of Police on finding of any of the following:
(1) 
A violation of any provision of this chapter.
(2) 
The making of any material false statement on the license application.
(3) 
The withholding of any information requested on the license application.
(4) 
Conviction of the licensee or any person for whom he is peddling of any crime constituting consumer fraud or involving moral turpitude.
(5) 
The revocation of charitable status by the Commonwealth of Pennsylvania or the United States of any licensee or the principal or employer for whom the licensee is peddling.
(6) 
Any other act that if known at the time of the issuance of the license would have been a basis for the refusal to issue the same.
B. 
Any person aggrieved by the suspension or revocation order of the Chief of Police shall have the right of appeal to the Board of Commissioners of Caln Township, pursuant to the Local Agency Law; provided, however, that during the pendency of any appeal proceeding, the same shall not without special order of the Board of Commissioners constitute a stay or supersede as of the suspension or revocation order which shall remain in full force, virtue and effect unless and until the revocation order or suspension order is reversed or the term of suspension expires.
[Amended 9-30-1976 by Ord. No. 1976-10; 10-29-2009 by Ord. No. 2009-08]
Any person who shall violate any provision of this chapter shall, upon summary conviction before an issuing authority having jurisdiction thereof, be punishable by a fine of not less than $500 nor more than $1,000 in addition to the costs of prosecution. Any person in default of payment of such fines and costs shall be subject to imprisonment within the county jail for a period not to exceed 30 days. Each solicitation in violation of this chapter shall be deemed a separate offense, and the person(s) causing, allowing or permitting the continuation of the violation may be punished as described above for each separate offense. Furthermore, both the person committing said violation and the peddler by whom such person is employed or for whom such person is acting, as well as the officers of any corporate peddler, shall be jointly and severally liable for such actions.