[HISTORY: Adopted by the Board of Supervisors of the Township of
Lower Makefield 5-1-1995 as Ord. No. 276.
Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 175.
This chapter shall be known as the "Solicitation Ordinance" of Lower
Makefield Township.
A.
PEDDLER
PEDDLING
PERSON
SOLICITOR
SOLICITING
(1)
(2)
As used in this chapter, the following terms shall have
the meanings indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale any goods, wares, services or merchandise
for immediate delivery, which the person selling or offering for sale carries
with him or her or has in his or her possession or control upon any of the
streets or sidewalks or from house to house or by visitation to private residences
or by entering in or upon private property within the Township of Lower Makefield.
Any natural person, association, partnership, firm, organization
or corporation.
Any person who shall engage in soliciting as herein defined.
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 or from house to house or by visitation of
private residences or by entering in and upon private property within the
Township of Lower Makefield, and further, the seeking or taking of contracts
or orders for home or other building repairs, improvements and alterations
and also orders or contracts for any mechanical, electrical, plumbing or heating
device or a commitment for houses or other building improvements or repairs
upon or from the places aforesaid within said township, including the seeking
of contributions for any nonprofit or profit oriented organizations.
The distribution of any written materials designed to or serving the
purpose of soliciting orders for any goods, wares, services or merchandise
for future delivery or for subscriptions or contributions and/or seeking or
taking of contracts or orders for home or other building repairs, improvements
and alterations and also orders or contracts for any mechanical, electrical,
plumbing or other heating device or a commitment for houses or other building
improvements or repairs upon or from places aforesaid within said township.
Nothing herein shall be construed, however, to define a newspaper of general
circulation in Lower Makefield Township as a solicitation which is regulated
by the provisions of this chapter.
[Added 5-1-1995 by Ord. No. 295]
B.
The words "soliciting" and "peddling" shall not apply
to:
(1)
Any volunteer fire company or volunteer rescue unit.
(2)
Farmers selling their own produce or to any manufacturer
of produce, selling or distributing bread or bakery products, meat and meat
products or milk and dairy products or to commercial travelers or sales agents
selling to dealers or retailers in the usual course of business.
(3)
Persons seeking local, county, state or federal elective
office or persons engaged on behalf of a candidate for local, county, state
or federal elective office.
(4)
Persons seeking to register voters within the township
provided such effort to register a voter shall occur during normal registration
periods as determined by Pennsylvania State Board of Elections.
C.
In this chapter, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township of
Lower Makefield without first having been granted a license as herein provided.
Every person desiring to engage in soliciting or peddling in the Township
of Lower Wakefield shall first make application to the Chief of Police or
his or her designee for a license. If such person shall also be required to
obtain a license from any county officer, he or she shall, on making such
application, exhibit a valid county license.
A.
Said application shall be upon a blank provided by the
Chief of Police and shall contain at least the following information, verified
by oath or affirmation:
(1)
The full name of the applicant and local address, if
any.
(2)
His or her permanent address.
(3)
The name of the applicant's employer or a statement
that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise
offered for sale.
(5)
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.
(6)
The type of vehicle to be used, if any.
(7)
If the applicant seeks to represent a nonprofit corporation,
then a statement for the nonprofit corporation authorizing the application
and a verification that the nonprofit organization is authorized to do business
in the Commonwealth of Pennsylvania pursuant to the Solicitation of Funds
for Charitable Purposes Act, 10 P.S. § 162.1 et seq.[1]
B.
In the event that the applicant seeks to sell goods,
services or merchandise, then, upon request of the Chief of Police or his
or her designee, the applicant shall also submit a copy of a criminal history
record and furnish a photograph, provided that where a person makes application
for himself or herself and one (1) or more helpers, all applicable personal
information supplied above shall be given for each helper and verified or
affirmed by oath or affirmation by him or her and an individual license shall
be required for each helper. In the event that the applicant is a minor, the
applicant's parents or guardian must verify or affirm the information
and sign the application. No license under this chapter shall be transferable
from one person to the other. In the case of an applicant for a license who
represents a nonprofit organization, said applicant need not submit a copy
of criminal history record but must provide a photograph and comply with other
requirements as set forth in this subsection.
C.
The Chief of Police or his or her designee shall hold
each application for a five-day period to enable the Police Department to
conduct a background check of each applicant, if necessary.
No license shall be issued under this chapter until a license fee, in
an amount fixed from time to time by resolution of the Board of Supervisors,
has been paid.[1] A separate application shall be filed and a separate 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 or her
employees, agents or servants.
The license granted pursuant to this chapter shall be valid for ninety
(90) 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 or she shall be required to file a new application for a permit
and pay a new license fee.
The license when issued shall state, inter alia, the products to be
sold, services to be rendered by the licensee or the purpose of the solicitation.
Every solicitor or peddler shall at all times, when engaged in soliciting
or peddling in the Township of Lower Makefield, display such license upon
his or her 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.
Soliciting or peddling by licensed persons is permitted only from 9:00
a.m. prevailing time until 9:00 p.m. prevailing time.
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 or her goods, wares, services
or merchandise; nor shall any such person place or deposit any refuse on any
such streets, highways or alleys; nor shall any such person maintain or keep
a street or curbstone market by parking any vehicle upon any street or alley
in the township for 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 streets, highways, alleys or sidewalks
of the township for the purpose of soliciting or peddling with or without
any stand or counter.
The Chief of Police shall keep a record of all licenses issued under
this chapter, and he or she shall supervise the activities of all holders
of such licenses.
A.
The Chief of Police may deny or revoke a license for
cause in the case of any person not meeting the conditions of the application
or in the event that the goods, wares or merchandise to be sold would be considered
injurious to the public health, safety or general welfare, or if the criminal
background of the applicant is such that the Chief of Police is concerned
about the safety of the residents of the township or their property.
B.
Any license issued under this chapter may be suspended
or revoked at any time by the Chief of Police of Lower Makefield Township
upon proof being furnished to him or her that the application for the license
contained false information or that the applicant or licensee has been convicted
or pled guilty to a crime involving moral turpitude after the issuance of
such license.
A.
Any person who shall violate any of the provisions of
this chapter, upon conviction thereof, may be sentenced to pay a fine of not
more than one thousand dollars ($1,000.) and the costs of prosecution and
reasonable attorney fees for each and every offense, and each day shall be
considered a separate offense.
B.
All fines or penalties recovered under this chapter shall
be paid to the Township of Lower Makefield for the general use of the township.
C.
If the defendant neither pays nor timely appeals the
judgment, the township may enforce the judgment pursuant to the applicable
rules of civil procedure.
