As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Any natural person, association, partnership, firm or corporation,
and the singular shall include the plural.
SOLICITING AND PEDDLING
A.
SOLICITINGCanvassing or taking surveys, the seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery or for subscriptions or contributions, upon any of the streets or sidewalks of or from house to house within the Township of Lower Salford.
B.
PEDDLINGThe selling or offering for sale of any goods, wares 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 of or from house to house within the Township of Lower Salford.
C.
Neither the word "peddling" nor the word "soliciting" shall apply to those persons specifically exempted in the subsequent §
121-7, Exemptions.
SOLICITOR AND PEDDLER
Any person who shall engage in soliciting or peddling, respectively,
as hereinabove defined.
No person shall engage m soliciting or peddling m the Township of Lower
Salford without first registering with the Township Police Department. Persons
so registered shall be permitted to conduct such soliciting and/or peddling
within the Township of Lower Salford insofar as that activity does not violate
private property statutes or normal community standards of behavior and personal
conduct or such statutes governing public behavior or conduct.
Upon completing registration as aforesaid, each solicitor or peddler
shall be issued a receipt indicating he/she has complied with the requirements
under this statute. The solicitor or peddler shall carry the receipt on his
person while he/she is engaged in such soliciting or peddling and shall show
the receipt to any resident of the Township or any police
officer upon request. Receipts are not transferable.
The Chief of Police or such Police Department personnel as he may designate
shall keep a record of all registrations made under this chapter, and he or
such designate shall supervise the activities of all holders of registration
receipts.
The following persons are exempted from the registration requirements
of this chapter:
A. Farmers engaged in seeking or taking orders for or in
selling only the produce of their own farms from a self-owned truck or other
vehicle.
B. Persons seeking or taking orders for or selling or offering
for sale food products by any manufacturer, producer or packager thereof who
will continue to service such residents on a regularly scheduled basis thereafter.
C. Persons engaged in the sale of goods, wares and merchandise
donated by the owner thereof, the proceeds therefrom to be applied to any
charitable or philanthropic purpose.
D. Any honorably discharged soldier, sailor or marine of
the military service of the United States who is a resident of this commonwealth
and who is unable to earn a livelihood by ordinary labor or employment.
E. Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempted from the provisions of or duly registered
pursuant to the Act of August 9, 1963, PL. 628, who, while soliciting, are possessed of a card or other written
evidence of their appointment or authority to solicit for said organization
or corporation.
F. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in §
121-1 hereof, including but not limited to real estate, insurance or securities brokers or salespersons.
G. Persons 16 years of age and under who are engaged in the activities described in §
121-1 when they are so engaged as an independent businessperson and not in the employ of nor under a commission sales arrangement with a for-profit bus entity, or when so engaged on behalf of a nonprofit organization, including but not limited to schools, church groups, scouting groups and the like.
H. Persons engaged in the distribution of flyers, handbills,
advertising materials, catalogs, doorknob hangers, samples of products and
the like, when there is no personal contact desired or intended with the residents
of residences where such materials are left.
The privilege to engage in the activities described in §
121-1 may be revoked, along with the registration receipt, by any member of the Police Department for:
A. Misconduct of the registered person.
B. Determination that the registered person made false statements
on his/her application.
C. Violation of any restrictions contained in this chapter.
[Amended 9-19-1996 by Ord. No. 96-3; 6-3-1998
by Ord. No. 98-4; 11-18-1999 by Ord.
No. 99-16]
Any person or persons violating any of the provisions of this chapter
shall be subject to a criminal fine not to exceed $1,000 per violation and
imprisonment in the Montgomery County Correctional Facility to the extent
allowed by law for the punishment of summary offenses. Enforcement of any
such violations shall be by action brought before a District Justice in the
same manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure.
Should any section, subsection, sentence, clause or phrase of this chapter
be declared invalid by a court of competent junction, such decision shall
not affect the validity of the chapter in its entirety or of any part thereof
other than that declared to be invalid.