[HISTORY: Adopted by the Board of Commissioners of the Township
of Lower Moreland 10-15-2008 by Ord. No. 609. Amendments noted where
applicable.]
It is the purpose and intent of this chapter to provide the
Township with standards defining and regulating peddling and soliciting.
These standards are intended to protect the safety and privacy of
the residents of Lower Moreland Township by regulating the behavior
of peddlers and limiting peddlers' access to residents who do
not wish to interact with them.
The following words shall have the following meanings when used
in this chapter, unless the context requires otherwise:
Any person who shall engage in peddling or soliciting.
Engaging in the peddling, canvassing, soliciting, hawking,
vending, taking of orders, selling, or offering for sale of any commercial
services, goods, wares, merchandise, printed matter or food products
by visitation to private homes or residences without the direct invitation
of the inhabitants thereof, or on the public streets or highways of
the Township.
Any person, firm or corporation who is the owner or lawful occupant
of private property within Lower Moreland Township may prohibit the
practice of going in or upon the private property of such owner or
occupant by peddlers by posting upon such property a sign which reads
"No Peddling or Soliciting" in a location which is reasonably visible
to persons who intend to enter upon such property.
Any and all peddlers are prohibited from entering upon any property
that is posted with a "No Peddling or Soliciting" sign and may be
prosecuted for trespassing.
Every peddler shall, in the carrying on of his or her business
or activities in the Township, comply with the following rules of
conduct:
A.Â
The peddler shall carry official identification, such as a driver's
license, upon his or her person at all times and shall exhibit it
upon request of any person to whom the peddler is attempting to peddle.
B.Â
The peddler shall not enter or attempt to enter any dwelling house
or place of business without invitation or permission of the occupant
and shall immediately leave the premises upon request.
C.Â
The peddler shall only engage in peddling or soliciting within the
Township on Monday through Saturday during daylight hours. No peddling
shall be allowed on Sundays or on any state or federal legal holidays.
D.Â
The peddler shall not call out or shout to sell his or her services
or goods, nor shall the peddler use any loudspeaker or horn or other
device for announcing his or her presence by which the public is annoyed.
E.Â
The peddler shall not occupy any fixed location upon or along any
of the streets, alleys or sidewalks of the Township for the purpose
of peddling or soliciting, with or without any stand, counter or cart.
F.Â
The peddler shall not park any vehicle upon or along any of the streets,
alleys or sidewalks of the Township for the purpose of sorting, rearranging
or cleaning any of his or her goods, wares or merchandise or of disposing
of any carton, wrapping material or of any stock or wares or foodstuffs
that have become unsalable through handling, age or otherwise.
Persons or organizations engaged in door-to-door canvassing
on religious or political subjects, or distributing religious or political
handbills, shall be exempt from requirements of this chapter. All
such persons, however, shall carry official identification, such as
a driver's license, upon his or her person at all times and shall
exhibit it upon request of any person to whom the peddler is attempting
to solicit.
[Added 4-17-2013 by Ord. No. 665[1]]
A.Â
In addition to the requirements of § 140-5 of this chapter, any person or organization desiring to engage in peddling within Lower Moreland Township must first make application to the Police Department of Lower Moreland Township for a license. The Police Department may require such information as the Chief of Police deems appropriate, including, but not limited to, fingerprinting, photograph, prior criminal record, name of employer and type of solicitation being made to the public.
B.Â
Every person intending to peddle within Lower Moreland Township shall
be required to file an application and obtain a license. No license
issued under this section shall be transferable from one person to
another, and there shall be a three-to-five business day waiting period
between application and issuance of license. Peddling may only occur
from 9:00 a.m. to dusk, Monday through Saturday.
D.Â
All licenses issued by the Police Department of Lower Moreland Township
shall be exhibited in clear view by the person soliciting at all times,
it shall be shown upon request by any resident, and it shall not be
altered or used by any other person except the applicant and licensee.
E.Â
All licenses issued by the Police Department shall be in effect for
30 days after which a new license must be issued by the Department.
[Added 4-17-2013 by Ord. No. 665]
The Chief of Police is hereby authorized to suspend or revoke
any license issued under this chapter for any violation of any of
the provisions of this chapter or for giving false information upon
any application for a license. The Chief of Police is further authorized
to refuse a license to any person with a prior criminal record and
to any other person who would present a threat of harm or danger to
the citizens of Lower Moreland Township.
[Amended 4-17-2013 by Ord. No. 665]
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon conviction thereof in an action brought before a District Justice,
be subject to a fine of not less than $300 nor more than $600, plus
court costs and attorneys' fees, and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this chapter continues shall constitute
a separate offense.
