[HISTORY: Adopted by the Board of Supervisors of the Township of
Washington 10-8-1970 by Ord. No. 1970-3.
Amendments noted where applicable.]
A.
PEDDLING
SOLICITING
As used in this chapter, the following terms shall have
the meanings indicated:
The selling or offering for sale of any goods, wares, services 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 or for future delivery or from house to house
or by visitation to private residences or by entering in or upon private property
within said Township.
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
to private residences or by entering in or upon private property within the
Township of Washington, Berks County; and shall further mean the seeking or
taking of contracts or orders for home or other building repairs, improvement
and alterations and also orders or contracts for any mechanical, electrical,
plumbing or heating device or equipment for a house or other building improvements
or repairs upon or from the places aforesaid within said Township.
B.
Word usage.
(1)
The words "soliciting" or "peddling" shall not apply
to:
(a)
Farmers seeking or taking orders for the sale of their
own products.
(b)
The seeking or taking of orders by any manufacturer or
producer for the sale of bread and bakery products, meat and meat products
or milk or milk products or local district newspapers.
(c)
The sale of goods, wares and merchandise donated by the
owners thereof, the proceeds whereof are to be applied to any charitable or
philanthropic purpose.
(d)
Any honorably discharged soldier, sailor or marine of
the military service who complies with the Act of Assembly of the Commonwealth
of Pennsylvania of April 8, 1867, P.L. 50, as amended,[1] and who procures from the Prothonotary of the proper county a
certificate in pursuance of the said Act of Assembly.
[1]
Editor's Note: 60 Pa.C.S.A. §§ 61 and 62 were
repealed 11-24-1992 by P.L. 717, No. 108, § 3.
(e)
Persons, corporations, partnerships and associations,
or their agents or employees, who have complied with the provisions of the
Act of Assembly of the Commonwealth of Pennsylvania of 1935, P.L. 644, as
amended,[2] governing solicitations for charitable, benevolent, patriotic
or other purposes.
[2]
Editor's Note: Former §§ 161.1 to 161.19 were repealed
12-19-1990 by P.L. 1200, No. 202, § 23. See now 10 P.S. § 162.1
et seq.
(f)
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
(2)
The word "solicitor," as used in this chapter, shall
mean any person who shall engage in soliciting as hereinabove defined.
(3)
The word "peddler," as used in this chapter, shall mean
any person who shall engage in peddling as hereinbefore defined.
(4)
The word "person," as used in this chapter, shall mean
any natural person, association, partnership, firm, organization or corporation.
(5)
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
Washington without first having taken out a license as herein provided.
A.
Every person desiring to engage in soliciting or peddling
in the Township of Washington shall first make application to the Secretary
of the Board of Supervisors for a license. If such person shall also be required
to obtain a license from any county officer, he shall, on making such application,
exhibit a valid county license.
B.
Said application shall be upon a blank provided by the
Township Secretary and shall contain at least the following information verified
by oath or affirmation:
(1)
The name of the applicant and his local address, if any.
(2)
His permanent address.
(3)
The name of his 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
thereon.
(6)
The type of vehicle to be used, if any.
C.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above shall
be given for each helper and verified or affirmed 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.
A.
No license shall be issued under this chapter until a sum as provided in Chapter A137, Fees, shall be paid to the Township Secretary, and said sum shall be for the use of the Township. At the time each application is made, a separate application shall be filed and a separate permit 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 employees, agents or servants.
[Amended 4-11-1991 by Ord.
No. 1991-3]
B.
Applications shall not be approved by the Secretary immediately
upon presentation unless the identity of the applicant is definitely known
by the Secretary by personal knowledge or by previous applications of the
same person for the same company, employer, etc.
C.
In all other instances, the Secretary shall investigate
the application as to references and any possible information available as
to the product and/or services petitioned by the application. The applicant
shall allow at least two weeks for this. The Secretary shall be satisfied
of the information so obtained or shall refer the same to a member of the
Board of Supervisors or to a stated meeting.
E.
It is distinctly provided that the foregoing steps are
for the protection of the residents of the Township, but the grant of a permit
in no way is a guaranty of the service or product, and the Supervisors, their
agents and employees are in no way responsible for the quality of service
or products sold in the Township.
The license granted pursuant to this chapter shall be valid for one
year 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 shall be required to file a new application for a permit and
pay a new license fee.
Such license, when issued, shall state, inter alia, the products to
be sold or services to be rendered by the licensee. Every solicitor or peddler
shall at all times when engaged in soliciting or peddling in the Township
of Washington carry such license upon his 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.
No person licensed as a solicitor or peddler under this chapter shall
engage in soliciting or peddling on any day of the week before 9:00 a.m. or
after 8:00 p.m. During the time of the year when Eastern standard time, and
during the time of the year when daylight saving time is effective, the aforesaid
hours shall be daylight saving 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 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 sidewalks 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 Secretary shall keep a record of all licenses issued under this
chapter and the Chief of Police shall apply daily for a list of licenses issued
hereunder since the previous day. The Chief of Police shall supervise the
activities of all holders of such licenses.
Any license issued under this chapter may be suspended or revoked at
any time by the Secretary of the Township of Washington upon proof being furnished
to him that the application contained false information or that the applicant
or licensee was convicted of a crime involving moral turpitude after the issuance
of such license or that the licensee was convicted of disorderly conduct under
any law of the Commonwealth of Pennsylvania or any ordinance of the Township
of Washington.
No person licensed as a solicitor or peddler under this chapter shall
hawk or cry his wares or services upon any of the streets or sidewalks of
the Township, nor shall he use any loudspeaker, bell, whistle or other device
for announcing his presence by which the public is annoyed.
[Amended 6-9-1988 by Ord. No. 1988-3; 4-11-1991
by Ord. No. 1991-3; 7-11-1996 by Ord.
No. 1996-4; 6-12-1997 by Ord. No. 1997-3]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $1,000 and, in
default of payment thereof, to imprisonment for a term not to exceed 30 days.
Each day that a violation of this chapter continues shall constitute a separate
offense. Enforcement 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.
