[HISTORY: Adopted by the Board of Supervisors
of the Township of Conewago 11-20-2006 by Ord. No. 2006-R; amended in its entirety 8-16-2010 by Ord. No. 2010-U. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Township
of Conewago Solicitation Ordinance."
A.Â
The following
words shall be construed to have the meanings set forth below. The
singular number includes the plural, and the masculine includes the
feminine and the neuter.
B.Â
CHARITABLE SOLICITATION ACT
PERSON
SOLICIT
SOLICITATION
SOLICITING ORGANIZATION
SOLICITOR
TOWNSHIP
TOWNSHIP SOLICITATION PERMIT
As used
in this chapter, the following terms shall have the meanings indicated:
The Solicitation of Funds for Charitable Purposes Act enacted
by the Commonwealth of Pennsylvania, 10 P.S. § 162.1 et
seq., as such Act may be amended from time to time.
Any individual, organization, corporation, association, partnership,
trust, foundation or other entity, however styled, including, but
not limited to, charitable organizations, business organizations,
professional solicitors, and volunteer fund-raisers and solicitors.
To go from door to door in the Township soliciting contributions
or pledges for contributions; or selling or attempting to sell subscriptions,
products or services, or taking orders or attempting to take orders
for subscriptions, products or services; or handing a pamphlet, handbill,
advertising material or other form of literature ("literature") to
an occupant of the residence. The term "solicit" does not include
simply leaving literature at a residence without knocking on the door
or ringing the doorbell.
Acts of individual solicitors on behalf of a particular person.
The person on whose behalf solicitors are acting.
A person who solicits.
The Township of Conewago, Adams County, Pennsylvania.
An identification card issued by the Township to a qualified
person who has met the application requirements of this chapter, allowing
such person to solicit within the Township according to the terms
and conditions of this chapter ("permit").
It shall be unlawful for any person to engage in business as
a solicitor, calling at residences or places of business without the
previous consent of the occupant for the purpose of soliciting orders,
sales, subscriptions, or business of any nature, or seeking information
or donations without first having registered in the office of the
Chief of Police of the Township. The registrant shall give his complete
identification, signature, the name of his employer, the nature of
the products or services in which he is interested, the names of the
manufacturers of such products, or of the organization which he is
representing, and the proposed method of operation in the Township.
The employer/company shall be listed with the Better Business Bureau.
A.Â
Each solicitor/person shall pay to the Township a nonrefundable registration
fee for the period expiring five business days after the date of said
registration. Such registration fee shall be established by resolution
by the Board of Supervisors.
B.Â
Saturday and Sunday solicitation is prohibited.
C.Â
Each solicitor/person shall at all times while soliciting in the
Township carry upon his person the permit, and the same shall be exhibited
by such solicitor whenever he is required to do so by any law enforcement
officer or by any individual solicited.
D.Â
Each solicitor/person shall submit to a background check and pay
the fee as established by resolution by the Board of Supervisors.
The provisions of this chapter shall not apply to the following
individuals and organizations:
A.Â
Fund-raising activities to benefit school-sponsored organizations,
churches, or other not-for-profit charitable and civic organizations.
B.Â
Persons delivering or distributing goods or services previously ordered
or contracted for by the individual(s) to whom they are delivered
or distributed.
C.Â
Persons who solicit for an organization which has registered with
the Pennsylvania Department of State under the Solicitation of Funds
for Charitable Purposes Act, 10 P.S. § 162.1 et seq., and
produce proof of such current registration.
D.Â
Officers or employees of the Township, county, state or federal government,
or any subdivision thereof, when on official business.
E.Â
Persons engaged in interstate commerce.
Any such registration of a solicitor/person may be revoked by
the Board of Supervisors or Chief of Police of the Township because
of any violation by the solicitor of this chapter or of any other
ordinances of the Township or of any state or federal law or whenever
the registrant shall cease to possess the qualifications and character
required in this chapter for the original registration.
The practice of going in and upon private residences in the
Township by solicitors, not having been requested or invited so to
do by the owner or owners, occupant or occupants of said private residences,
for the purpose of soliciting orders for the sale of goods, wares
and merchandise, and/or for the purpose of disposing of the same,
is hereby declared to be a nuisance.
Every person engaged in soliciting within the confines of the
Township shall, in the conduct of his activities, comply with the
following standards of conduct:
A.Â
The solicitor/person shall not engage in soliciting before 9:00 a.m.
or after 7:00 p.m., prevailing time.
Any person who shall engage in soliciting without registering
with the appropriate Township authority or any person, whether or
not required to be registered under this chapter, who shall violate
any of the other provisions set forth herein shall, upon conviction
thereof before a Magisterial District Judge, be subject to a fine
or penalty of not more than $300, plus costs of prosecution. Such
fine or penalty shall be collected as like fines or penalties are
now by law collected.
This chapter shall be effective August 16, 2010.
