[HISTORY: Adopted by the Board of Supervisors
of the Township of Montgomery 7-11-1983 by Ord. No. 12A. Amendments noted where
applicable.]
No person shall engage in any transient retail
business within the Township of Montgomery without first having obtained
a license as herein provided.
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
(3)
As used in this chapter, the following terms shall
have the meanings indicated:
Any natural person, association, partnership, firm, organization
or corporation.
Includes the following three separate classifications:
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery; the seeking or taking of subscriptions or contributions on 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 Montgomery; or the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations, including orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within the Township.
[Amended 4-26-1993 by Ord. No. 93-12]
PEDDLINGThe selling or offering for sale of any goods, wares, services and/or merchandise, including but not limited to flowers, shrubs and shrubbery, farm products and produce, 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 or from house to house or by visitation to private residences or by entering in or upon private property within the Township.
DISTRIBUTION OF ADVERTISING MATERIALSThe distribution of advertising materials for any goods, wares, services or merchandise on public or private property shall be subject to the regulations and requirements specified under this chapter pertaining to peddling and soliciting.
[Added 9-16-1996 by Ord. No. 96-62]
B.
The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.
Every person desiring to engage in soliciting or
peddling and the distribution of advertising material upon private
property in the Township of Montgomery shall first make application
to the Montgomery Township Police Department, 1001 Stump Road, Montgomeryville,
Pennsylvania, for a license. If such person shall also be required
to obtain a license from any commonwealth or county officer, he shall,
on making such application, exhibit a valid commonwealth and/or county
license. Said application shall be upon a form provided by the Montgomery
Township Police Department and shall contain at least the following
information verified by oath or affirmation:
[Amended 4-22-1991 by Ord. No. 12B; 9-16-1996 by Ord. No. 96-62]
(1)
The full name of the applicant and local address,
if any.
(2)
Permanent address.
(3)
The address at which the applicant will receive notices
under this chapter.
(4)
The name of the employer or a statement that such
applicant is self-employed.
(5)
The nature of the goods, wares, services or merchandise
involved or other purpose for the license.
(6)
A statement as to whether or not the applicant has
ever been convicted of a crime, and if the answer is in the affirmative,
the nature of the crime and punishment imposed therefor.
(7)
The type of vehicle to be used, if any.
(8)
The applicant shall also submit a photograph of himself,
provided that where a person makes application for himself and one
or more helpers, the applicable personal information specified above
shall be given for each helper and verified 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.
(9)
Dates and locations within the Township where peddling
or soliciting activities are to take place. If a person is making
application on behalf of a political, charitable, religious or tax-exempt
organization, for one or more other individuals within the organization,
names shall be provided for each day that activities are to take place.
Should the names or dates change after the application is filed, those
changes shall be provided before any activities take place.
B.
Placement of materials.
(1)
No advertising materials shall be placed by any person,
whether licensed under this chapter or not, upon any parked motor
vehicle within the Township in the interest of preventing the accumulation
of litter upon private and public properties within the Township.
[Added 4-22-1991 by Ord. No. 12B]
(2)
No advertising materials shall be thrown, dropped,
placed, posted, deposited or caused to be thrown, dropped, placed,
posted or deposited upon any of the streets, sidewalks, parks, playgrounds,
parking lots or other public properties within the Township.
[Added 9-16-1996 by Ord. No. 96-62]
[Amended 6-22-1992 by Ord. No. 92-1]
Nothing in this chapter shall be construed to
allow peddling or soliciting at a permanent location in the Township
for the purpose of more than one sale at one location unless the solicitation
is for a religious purpose (i.e., this chapter is intended to regulate
and permit door-to-door type sales).
The following persons shall apply for a license
to solicit or peddle in the Township, but shall not be required to
pay a fee:
A.
Any person engaged in the sale of goods, wares or
merchandise donated by the owners thereof where the proceeds are to
be applied to any charitable or philanthropic purpose.
B.
Any honorably discharged soldier, sailor or marine
of the military service of the United States who procures from the
Prothonotary of Montgomery County a certificate that he is unable
to earn a livelihood by manual labor, and provided that he otherwise
complies with the requirements of the Act of April 8, 1867, P.L. 50,
60 P.S. § 61,[1] as amended.
[1]
Editor's Note: Former 60 P.S. § 61
was repealed 11-24-1992 by P.L. 717, No. 108.
C.
Any person soliciting contributions on behalf of organizations
or nonprofit corporations which have complied with the provisions
of the Solicitation of Charitable Funds Act, Act of August 9, 1963,
P.L. 628, 10 P.S. § 16.1 et seq., as amended,[2] governing solicitations for charitable, benevolent, patriotic
or other purposes, which persons are possessed of a card or other
written evidence of their appointment or authority to solicit for
said organization or corporation and upon proof of compliance with
the provisions of the aforesaid Act.
[2]
Editor's Note: See now the Solicitation of
Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
D.
Any person soliciting contributions on behalf of a
religious organization.
[Amended 6-22-1992 by Ord. No. 92-1]
No license shall be issued under this chapter
until a fee is paid to Montgomery Township for transmittal to the
Township Treasurer for the general use of the Township. The fee shall
be set by resolution of the Board of Supervisors from time to time.
A separate license fee shall be paid by each individual who shall
actually conduct soliciting or peddling in the situation where a principal
or employer desires to secure licenses for agents, employees or servants.
[Amended 6-22-1992 by Ord. No. 92-1]
Any license issued for the purpose of engaging
in soliciting and peddling shall be renewed monthly by the licensee
by the payment of an additional fee as set by resolution of the Board
of Supervisors from time to time. At the time of any said renewal
of license, the licensee must file an amendment to the original application
to reflect any changes necessary in the information therein contained.
A.
Any license or permit issued for the purpose of engaging
in soliciting and peddling may be denied, suspended or revoked at
any time upon proof that:
B.
A verbal suspension can be given by the Chief of Police
or officers designated by him, which verbal suspension shall be followed
by written order issued within 72 hours after the verbal suspension.
Any person whose license has been revoked or suspended shall be entitled
to appear and be heard with counsel, if he so desires, before the
Board of Supervisors of Montgomery Township at a regular meeting pursuant
to a request for reinstatement of license.
In the event that a license application for
the solicitation of contributions to a religious organization is denied,
revoked or suspended, then the Township must seek judicial review
within 10 days of the denial. The Township shall institute proceedings
for temporary, preliminary and permanent injunction against the religious
activity and assume the burden of proof. Any restraint imposed in
advance of final judicial termination on the merits must be limited
to the preservation of the status quo for the shortest possible fixed
period.
In the event that the party to whom the suspension or revocation notice has been given under § 170-8 finds that his request for reinstatement of license is denied by the Board of Supervisors of Montgomery Township, an appeal may be taken within 30 days of the denial of the reinstatement by the Board of Supervisors of Montgomery Township to the Court of Common Pleas of Montgomery County.
Any application for a license made to the Montgomery
Township Police Department shall be granted or denied within 72 hours.
Any person to whom a license or permit has been
issued hereunder shall comply with the following rules of conduct:
A.
The licensee shall have in his possession at all times
the license issued to him and shall exhibit it upon request.
B.
A licensee shall not engage in soliciting or peddling
involving a product or service not set forth in the license application.
C.
The licensee shall not permit any other person or
individual to have possession of the license card issued to him and
shall immediately report the loss of any license card to the Township.
D.
The licensee shall not permit the license card to
be altered or defaced.
E.
Any licensee engaged in soliciting or peddling shall do so only between the hours of 9:00 a.m. and 7:00 p.m. on any day of the week, except where an occupant of a Township residence posts notice on his property, in accordance with § 170-14 (Notice regulating soliciting or peddling) of this chapter, either further regulating or prohibiting soliciting or peddling. In such instance, any soliciting or peddling shall be governed by the notice.
[Amended 4-26-1993 by Ord. No. 93-12; 11-8-2010 by Ord. No. 10-245]
F.
No licensee shall park any vehicle upon any street,
alley or roadway within the Township for a period of time longer than
is reasonably necessary to sell therefrom to persons residing in the
immediate vicinity.
G.
No licensee shall enter or attempt to enter any dwelling
or residence without invitation or permission of the occupant, and
the licensee shall immediately leave any premises upon request.
H.
No licensee shall represent that the license card
issued to him is in any way an endorsement by Montgomery Township
of the licensee or the goods or services which he sells, solicits
or peddles.
I.
Peddlers and solicitors must have permission of property
owners to occupy private property and must exhibit evidence of the
same, in writing, before the permit is granted.
J.
Under no circumstances may a person peddling or soliciting
do so within any highway or highway right-of-way within the Township
of Montgomery.
K.
All notices posted in accordance with § 170-14 shall be strictly obeyed.
[Added 4-26-1993 by Ord. No. 93-12]
L.
All licensees shall wear a visible tag or otherwise
display the name of the organization for which they are soliciting
or peddling and their name, the tag to be displayed on the left lapel
or chest and the tag to be secured from the Township Registration
Authority (Montgomery Township Police Department).
[Added 4-26-1993 by Ord. No. 93-12]
M.
All advertising materials distributed by a licensee
upon private property shall be securely placed on a porch or doorway
without the use of tape, tacks or nails to prevent littering so that
the materials will not be carried from the building or residence by
the elements.
[Added 9-16-1996 by Ord. No. 96-62]
A.
The following persons shall be exempt from the obligation
to apply for and receive a license as otherwise required by this chapter:
(1)
A roadside stand whereat farmers sell products grown
on their own farms in Montgomery Township or farmers seeking or taking
orders for the sale of their farm products and garden produce grown
upon their own land.
(2)
Persons who have prior invitation of the property
owner to come upon their property for the purpose of seeking or taking
orders by any manufacturer, producer or distributor for the sale of
bread and bakery products, meat and meat products or milk and milk
products as part of an established and recognized delivery route.
(3)
Persons taking orders for merchandise from dealers,
merchants or manufacturers at their regular place of business and
for business use.
B.
Nothing herein shall prevent Montgomery Township or
its agents or authorized representatives from requesting any person
exempt from the provisions of this chapter to identify himself prior
to engaging in soliciting or peddling for that person's own safety
and the general safety and welfare of the residents of the Township.
Any person, who is an occupant of a Township
residence, desiring to limit or protect his privacy in regards to
soliciting or peddling, may do so by complying with the following
requirements:
C.
The letters utilized in the notice shall be at least
one inch in height. For the purpose of uniformity, the notice cards
shall be provided by the Township to persons requesting them at the
cost thereof.
D.
Such notice so exhibited shall constitute sufficient
notice to any solicitor or peddler of the determination by the occupant
of the residence of the information contained thereon.
E.
It shall be the duty of every solicitor or peddler, upon going onto any premises in the Township on which a residence is located, to examine and look for the notice provided for in Subsection A above, if any is posted, and be governed by the statement contained on the notice. If the notice states NO SOLICITORS OR PEDDLERS, then the solicitor or peddler shall immediately and peacefully depart from the premises. If the notice states NO SOLICITORS OR PEDDLERS AFTER __ P.M., then the solicitor or peddler shall immediately and peacefully depart from the premises if the time of day is after that indicated in the notice.
F.
In any residential development where there exists a lawfully constituted homeowners' association whose membership consists of all owners of dwelling units within the development, it shall be lawful for the association, upon the consent of a majority of its members, to post the notice authorized under Subsection A hereinabove upon signs posted conspicuously at all entrances to the development, subject to the sign requirements of Chapter 230, Zoning, in lieu of posting of notices at each residence. It shall be the duty of every solicitor or peddler, upon entering a development, to examine and look for such notice at the entrance thereto and be governed accordingly as set forth under Subsection E hereinabove.
G.
It shall be a violation of this chapter if any solicitor
or peddler refuses to comply with any notice so posted in accordance
with this chapter.
[Amended 6-22-1992 by Ord. No. 92-1; 9-16-1996 by Ord. No. 96-62; 4-7-1997 by Ord. No. 97-74]
A.
The provisions of this chapter shall be enforced by
the Montgomery Township Police Department who shall have the power
to determine in each instance whether a violation has occurred. Any
person who shall violate or permit the violation of any provision
of this chapter shall, upon conviction of a summary offense before
a District Justice, be sentenced to pay a fine not to exceed $1,000
per violation with costs of prosecution and, in default of the payment
of such fine and costs, be sentenced to undergo imprisonment to the
extent allowed by law for the punishment of summary criminal offenses.
A separate offense under this chapter shall be deemed to occur for
each day or portion thereof in which a violation is found to exist
or for each section of this chapter which is found to have been violated.
All fines and penalties collected for the violation of this chapter
shall be paid to the Township Treasurer.
B.
In addition to the penalty provisions hereinabove,
the Township Manager or his or her designee may institute proceedings
in equity to compel compliance with this chapter.
