[HISTORY: Adopted by the Board of Supervisors
of the Township of Warwick 11-19-1997 by Ord. No. 178. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Warwick Township Peddling and Soliciting Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who shall engage in peddling or soliciting, respectively,
as herein defined.
The selling or offering for sale of any goods,
wares, merchandise or services 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 within the Township.
The seeking or taking of contracts or orders
for any goods, wares, merchandise or services for future delivery
or for subscriptions or contributions upon any streets or sidewalks
within the Township.
The Northern Lancaster County Regional Police Department
or any successor entity whose primary jurisdiction includes the territorial
limits of the Township.
[Added 9-19-2012 by Ord. No. 256]
Going door to door within the Township to distribute information
to Township residents, request contributions or donations from Township
residents or request that Township residents take certain actions
(including, but not limited to, signing petitions, writing letters
to the state or federal representatives and/or engaging in forms of
demonstration of support or opposition to a public issue) or otherwise
exercising free speech rights in a noncommercial and not-for-profit
fashion.
A person who engages or proposes to engage temporarily in
merchandising business in the Township and occupies a room, building,
tent, lot stand or other premises for the purpose of selling, trading
or bartering goods, wares or merchandise.
It shall be unlawful for any person to engage
in peddling or to act as a transient merchant upon any street, alley,
sidewalk or public place or from house to house in Warwick Township
without first obtaining a license as provided herein, except that
no license shall be required for the following:
A.
Farmers selling their own products.
B.
Persons soliciting funds or selling goods, wares or
merchandise donated by the owner thereof, where the funds or proceeds
of the sale are to be applied exclusively for a charitable or philanthropic
purpose.
C.
Representatives and members of Boy Scouts of America,
Girl Scouts of America, Lions, Kiwanis, American Association of Retired
Persons, Disabled American Veterans, YWCA and YMCA, YWHA and YMHA,
Red Cross, Salvation Army and other national and international service
organizations and associations existing for the benefit of young,
aged, handicapped or stricken persons and soliciting or selling for
the purpose of self-perpetuation and which may be registered as charitable
organizations with the state or federal government.
D.
Manufacturers or producers of bread and baking products,
meat and meat products or milk or milk products, who sell their own
products.
E.
Insurance and real estate agents and brokers licensed
by the Commonwealth of Pennsylvania.
F.
School children selling goods, wares or merchandise
where the funds or proceeds of the sale are to be applied exclusively
for a function or organization sponsored or approved by the school
where such children attend.
G.
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
A.
Every individual desiring to engage in those acts for which a license is required in § 222-3 of this chapter and not exempted thereby must obtain a license from the Police Department.
[Amended 9-19-2012 by Ord. No. 256]
B.
To obtain a license, individuals must complete a written
application which shall contain such information as is reasonably
required by the Police Department and shall permit the Police Department
to photograph the individual for the purpose of identification, if
requested to do so.
[Amended 9-19-2012 by Ord. No. 256]
C.
Following the completion of such application, the
Police Department shall have 72 hours to investigate the applicant
and to grant or deny the license.
[Amended 9-19-2012 by Ord. No. 256]
D.
The Chief of Police or his authorized deputy may refuse
to issue a license in cases where an investigation shall disclose
a criminal record or any false or misleading statement on the application.
The appeal on refusal to issue a license shall be made within 10 days
to the Board of Supervisors of Warwick Township by filing written
notice of the appeal with the Secretary of the Township. The Board
of Supervisors shall thereafter hold a hearing and render a decision
on the refusal to issue a license pursuant to the provisions of the
Local Agency Law, § 5 (2 Pa.C.S.A. § 551 et seq.).
[Amended 9-19-2012 by Ord. No. 256]
E.
The Chief of Police or his authorized deputy is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be in the interest of the public health, safety or morals or for the violation of any of the provisions of this chapter, or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection D of this section.
F.
The license shall be dated and signed by the Chief
of Police or his authorized deputy and shall be valid for the period
of time desired by the applicant, not to exceed 30 days. The license
shall be in the individual's possession while engaged in peddling
or transient retail sales and shall be exhibited upon request to all
police officers, Township officials and residents of the Township.
G.
No license issued under this chapter shall be transferable
from one person to another.
A separate application shall be filed by each
person who shall actually conduct the peddling or act as a transient
merchant. This requirement shall apply where an employer desires to
secure licenses for his employees, agents or servants.
A.
The license granted pursuant to this chapter shall
be valid for 30 days after the date such license is issued, and upon
the expiration of any license, if the person holding the same shall
desire to continue or renew peddling or acting as a transient merchant,
he shall be required to file a new application for a license.
B.
Such licenses may be issued in advance for consecutive
thirty-day periods not exceeding six in number.
No person engaged in peddling or any retail
business shall:
A.
Sell any product or type of product not mentioned
in his license.
B.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the Township.
C.
When selling from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the Township for longer than
necessary in order to sell therefrom to persons residing in the immediate
vicinity.
D.
Park any vehicle upon any of the streets or alleys
in the Township for the purpose of sorting, rearranging or cleaning
any of his goods, wares or merchandise or of disposing of any carton
or wrapping material or of any stock or wares or foodstuffs which
shall have become unsalable through handling, age or otherwise.
No person shall engage in any transient retail
business within the Township without first having obtained a license
as set forth herein. The license fee shall be set by resolution of
the Board of Supervisors from time to time, for each period for which
the license is valid as set forth in the application requirements
herein.
[Amended 9-19-2012 by Ord. No. 256]
All persons desiring to canvass or solicit door
to door within the Township of Warwick who are not required to obtain
a license by this chapter shall register with the Police Department.
Individuals desiring to canvass or solicit within the Township shall
provide the Police Department within such information as may be reasonably
required by the Police Department, and shall permit the Police Department
to photograph the individual for the purpose of identification if
requested to do so. It shall be unlawful for any individual to solicit
funds, canvass or otherwise go door to door within the Township of
Warwick without having first registered with the Police Department.
Soliciting funds, canvassing, peddling or taking
orders whether by sample or otherwise for any goods, wares or merchandise
from house to house in the Township of Warwick shall be permitted
only between the hours of 9:00 a.m. and 9:00 p.m., Monday through
Saturday.
For each violation of the provisions of this
chapter, any person who commits, takes part in or assists in any such
violation shall be liable upon conviction thereof in a summary proceeding
to pay a fine of not less than $200 nor more than $1,000 for each
offense, together with the costs of prosecution. Each day or portion
thereof in which a violation exists shall be considered a separate
violation of this chapter, and each section of this chapter which
is violated shall be considered a separate violation. In default of
payment of such fine, such person shall be liable to imprisonment
for a period not exceeding 30 days.
