[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Gwynedd 10-11-2022 by Ord. No. 535.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 850,
Peddling, Soliciting and Transient Sales, adopted 8-28-2012 by Ord.
No. 487.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual desiring to solicit or peddle within Lower
Gwynedd Township on behalf of any person as hereinafter defined.
The written request to solicit and/or peddle within Lower
Gwynedd Township on an application form approved by the Chief of Police
of Lower Gwynedd Township or his/her designee.
The Chief of Police of Lower Gwynedd Township, or his or
her designee.
The Lower Gwynedd Township Code, as amended.
-Written permission to peddle and solicit within Lower Gwynedd
Township.
The list of the names of persons who have communicated, in
writing or by email to the Chief of Police notifying the Township
that he/she does not want to be peddled or solicited by any third
parties governed by the provisions of this chapter of the Code.
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services,
or merchandise, products for immediate delivery or the taking of orders
or the execution of an application for goods, wares, services or merchandise
to be delivered at a later time which the person is selling or offering
for sale and may carry with him or her or has in his/her possession
or control upon any of the streets or sidewalks or from house to house
or by the visitation to private residences or by entering in or upon
private property within said Township. For the purpose of this definition,
a carrying of a written contract for the purchase of goods, wares,
services or merchandise or similar product shall also constitute peddling.
Any natural person, association, partnership, firm, organization,
corporation or any other business organization.
The actual location of peddling or soliciting activity, primarily
characterized by the point of sale occurring on private property within
the Township.
The seeking or execution 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, 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 equipment or
other building improvements or repairs upon or from the places aforesaid
within the Township. Soliciting shall not, however, include the canvasing
of a private residence for political, religious or other charitable
purpose where the charitable purpose is the primary purpose of the
canvasing.
Any person who shall engage in soliciting as herein defined.
The activity of a person selling any goods from any type
of portable stand, table or in a vehicle located on any street, roadway
or public right-of-way, except on a sidewalk abutting a property of
which such person is the owner or lawful occupant thereof.
The Township of Lower Gwynedd, Montgomery County, Pennsylvania.
Any person, whether principal or agent, who offers for sale
any goods, wares or merchandise under the terms and conditions specified
in Article XVIII of the Second-Class Township Code (53 P.S. § 66801).
Any person, who offers for sale any goods, wares or merchandise
as herein defined.
A.Â
All persons wishing to engage in peddling and soliciting in the Township
of Lower Gwynedd must complete and file an application and be issued
a license by the Chief of Police prior to the commencing of any peddling
or soliciting activity within the Township.
B.Â
No person shall engage in peddling or soliciting in the Township
of Lower Gwynedd without a valid license.
C.Â
Any licenses issued pursuant to this chapter are not transferrable
from one individual to another or from one person to another person
and no individual and/or person shall transfer or permit the transfer
of a license from one individual to another individual or person.
A.Â
A license fee shall be determined by resolution of the Board of Supervisors
of Lower Gwynedd Township, from time to time.
B.Â
Any license granted pursuant to this chapter shall be valid for 90
days after the date of issuance of such license, and upon the expiration
of any such license, if the person who was issued said license desires
to continue soliciting or peddling, he/she shall file a new application
for a permit and pay the license fee.
A.Â
Every person subject to the provisions of this chapter shall file,
in person, with the Lower Gwynedd Township Police Department an application,
in writing, on a form furnished by that office, at least five business
days in advance of the beginning of soliciting or peddling activates
in the Township.
B.Â
If the applicant shall also be required to obtain a license from
any officer or official of Montgomery County, he/she shall upon making
an application to the Township, supply a valid copy or exhibit of
the license issued by Montgomery County.
C.Â
A separate application shall be filed and a separate fee shall be
paid by each individual who shall actually conduct the soliciting
or peddling and shall apply where an employer shall secure a license
for his/her/its employees, agents or servants which may be more than
one in number. Any fee or fees shall accompany the application.
D.Â
The submitted application shall contain at a minimum the following
information:
(1)Â
The full name and identifying information of the applicant as outlined
on the form;
(2)Â
The applicant's permanent address and local address if the applicant
lives out of the area;
(3)Â
Proof of identity (driver's license or other legal form of photo
identification);
(4)Â
The name and address of the employer for whom the soliciting will
be conducted on behalf of; or a statement that such applicant is self-employed;
(5)Â
The nature of the goods, wares, services or merchandise offered for
sale;
(6)Â
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;
(7)Â
The type of vehicle to be used, the color and/or Pennsylvania or
other state license number;
(8)Â
A statement by the applicant verifying the validity of the applications
which shall read as follows:
I <INSERT NAME>, hereby state the facts above set forth are
true and correct to the best of my knowledge, information and belief.
I understand that the statements herein are made subject to the penalties
of 18 Pa.C.S. § 4904 (relating to unsworn falsification
to authorities).
Date: <INSERT DATE>
Signature:
(9)Â
An applicant shall also submit to fingerprinting and furnish a photograph;
(10)Â
In the event that the applicant is a minor, the applicant's
parent or guardian must verify or affirm the information and sign
the application;
(11)Â
No license under this chapter shall be transferable from one
person to another; or
(12)Â
Upon receipt of an application, the Chief of Police shall review
the application and conduct the appropriate investigation prior to
the issuance of the license. If the application is found to be satisfactory
by the Chief of Police, the license will be issued to the applicant
along with a copy of this chapter and the official Township "No Solicitation
List."
Upon review of the application, the Chief of Police may refuse
to issue a license to the applicant for any of the following reasons:
A.Â
If the application is incomplete;
B.Â
If the information provides a reasonable basis for determining that
the public health, safety, and welfare of Township residents will
be threatened by the issuance of a license to the applicant;
C.Â
If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof;
D.Â
Failure to comply with any applicable Pennsylvania law concerning
soliciting, peddling, or consumer sales;
E.Â
Sale or offering for sale of illegal merchandise;
F.Â
Employment of a felon or wanted person;
G.Â
Conviction for any crime involving moral turpitude; or
H.Â
The prior violation of this chapter by the individual issued the
license.
Any license issued under this chapter may be revoked or suspended
by the Chief of Police or the designee for any of the following reasons:
A.Â
Fraud, misrepresentation or false statement contained in the application
for a license;
B.Â
B. Fraud, misrepresentation or false statement made by the licensee
in the course of peddling or soliciting;
C.Â
Peddling or soliciting in violation of this chapter or contrary to
the provisions contained in the license;
D.Â
Conviction for any crime involving moral turpitude; or
E.Â
Peddling or soliciting in such a manner as to create a public nuisance
or a breach of the peace, endanger the health, safety or general welfare
of the public, or otherwise be in violation of local, state or federal
law.
The provisions of this chapter shall not apply to:
A.Â
The sale of goods, wares and merchandise donated by the owners thereof,
when the proceeds are to be applied to any charitable or philanthropic
purpose within the meaning of Section 501(c)(3) of the Internal Revenue
Code.
B.Â
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance.
C.Â
Persons, corporations, partnerships and associations, their agents
or employees who have complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 621.1 et
seq. governing solicitations for charitable, benevolent, patriotic
or other purposes.
D.Â
Any volunteer fire company or volunteer rescue unit.
E.Â
Any persons not receiving compensation and acting on behalf of any
organization holding an exemption for federal income tax under Section
502(c)(3) of the Internal Revenue Code.
F.Â
Persons, corporations, partnerships and associations otherwise licensed
by the Township to conduct business within the Township, through interstate
commerce or through the delivery of goods or wares to persons who
had ordered same or agreed to have same goods delivered.
G.Â
Farmers selling their own produce.
H.Â
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 or engaged in any other political activity.
I.Â
Any persons, organizations or corporations that have received approval
from Lower Gwynedd Township to conduct a special event within the
Township shall be responsible for the vendors participating within
the boundaries of that event. Registered vendors will receive permission
to operate their stands for that special event only. No other vendors
will be permitted within the boundary area of such event during the
time period designated for the special event.
J.Â
Applications may be made by a school, group or organization, regularly
engaged in fund-raising activities throughout the year for charitable,
nonprofit, sports or educational purposes. Said application will be
without fee.
No person shall engage in soliciting or peddling between the
hours of 5:00 p.m. and 9:00 a.m.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of the residence other than at the
primary entrance to the residence.
A.Â
It shall be unlawful for any person to engage in peddling or soliciting
in an aggressive manner. As used in this section, "aggressive manner"
means either approaching a person present at the residence or continuing
the peddling or soliciting activity after the person has made a negative
response, whether before or after being invited into the residence,
in a manner that:
(1)Â
Is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon property in a person's
possession or in or about the residence; or
(2)Â
Is intended to or is likely to intimidate the person into responding
affirmatively to the peddling or soliciting activity; or
(3)Â
To refuse to display a permit to the person being solicited; or
(4)Â
To refuse to leave premises upon being told to do so by the owner,
tenant, occupant or person in control of the property; or
(5)Â
In violation of a sign properly posted on said property that prohibits
solicitations.
B.Â
Aggressive peddling or soliciting is punishable as a summary offense
and upon conviction thereof shall be subject to a fine of at least
$250 and not to exceed $1,000, or imprisonment of not more than 90
days, or both such fine and imprisonment.
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 streets, highways,
alleys or sidewalks of the Township for the purpose of soliciting
or peddling with or without any stand or counter.
A.Â
The Chief of Police shall keep a record of all licenses issued under
this chapter, and shall supervise the activities of all holders of
such licenses.
B.Â
Any owner or lawful occupant of any residence within the Township
who intends to prohibit door-to-door commercial solicitation at his
or her residence may be placed on a "no solicitation" list by registering
their address with the Township by completing a form prepared by the
police department, which form may be submitted to the Township either
in person or by mail or by email. A copy of the "no solicitation"
list will be provided to each licensee.
C.Â
C. Neither the Township nor any of its officers, employees, agents
or authorized volunteers shall be liable to any person for any injuries,
damages or liabilities of any kind arising from or relating to any
errors or omissions that may occur in compiling or maintaining the
no-solicitation list.
D.Â
It shall be unlawful for any person while either peddling or soliciting
to knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a residence in the Township where the owner,
occupant, or person legally in charge of the premises has posted at
the primary entrance to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "no peddlers,"
"no solicitors," or words of similar import. Persons violating this
section may be charged criminally under the provision of Title 18
Pa.C.S.A. § 3503(b)(1) Defiant Trespasser.
A.Â
Except for penalties associated with violating § 124-12b,
should any person who shall violate any of the provisions of this
chapter shall, upon the conviction thereof, be sentenced to pay a
fine of not more than $600 and costs of prosecution for each and every
offense or, in default of the payment of such fine and costs, to undergo
imprisonment for a term not to exceed 30 days.
B.Â
All fines or penalties recovered under this chapter shall be paid
to the Treasurer of Lower Gwynedd Township for the general use of
the Township.