[HISTORY: Adopted by the Board of Commissioners of the Township of Robinson as indicated in article histories. Amendments noted where applicable.]
Parks and recreation — See Ch. 182.
Article I Charitable Fund Solicitations
Article II Transient Retail Business
[Adopted 8-14-1989 by Ord. No. 16-1989 as Ch. 13, Part 2B, of the 1989 Code]
As used in this article, the following terms shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- Any person, firm, group, partnership, corporation or association whose avowed purpose and object is to benefit, assist, aid and further the following causes:
- A. Philanthropy;
- B. Assistance to persons who are poor, impoverished, destitute, underprivileged, needy, diseased, injured, crippled, disabled, handicapped or in need of physical or mental rehabilitation;
- C. Churches, religious societies or other religious sects, groups or orders espousing spiritual and altruistic motives or conduct;
- D. The teaching of patriotism or promoting relief and assistance to this nation's war veterans;
- E. Beneficial education of the mind or assistance to educational institutions; or
- F. The protection, shelter and sustenance of animals.
- CHARITABLE SOLICITATION
- Seeking money donations, pledges thereof, or anything of value to benefit, assist, aid and further the cause of a charitable organization, either orally or by literature distribution.
- Books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines or any other written or printed material.
It shall be unlawful for any charitable organization to solicit funds, as defined in § 190-1 of this article, within the limits of the Township of Robinson without first applying for and obtaining a permit therefor and wearing at all times an identification card as provided herein.
A sworn application in writing for a permit under this article must be filed in duplicate with the Township Manager at least three days in advance of the first day sought for solicitation on a form to be furnished by the Township and shall state:
The full name and address (legal and local) of the person or organization sponsoring, conducting or promoting the fund drive;
Whether or not the applicant is a branch or division of a national organization, and if so, the name thereof and the mailing and street address of same;
The purpose or object of the charitable solicitation;
The dates of the solicitation;
The number of persons to participate in the solicitation and the true legal name and address of each and the sex, height, color of hair and eyes of each; and
A statement as to whether any person who will participate in the solicitation has ever been convicted of engaging in a fraudulent transaction or enterprise, a felony or other criminal offense involving moral turpitude.
No fee shall be required for the filing of the application.
The application shall be registered in a book called the Registry Book. The application shall be granted and the permit issued within 48 hours after the application has been filed, unless, upon investigation by the Township Manager, one or more of the following facts are found to exist:
That one or more of the statements in the application is not true;
That the applicant or any agent or representative of the applicant who will participate under the permit has been convicted of engaging in a fraudulent transaction or enterprise, a felony or other criminal offense involving moral turpitude, in which case the permit shall be denied to the applicant or to the agent or representative so convicted; or
When the applicant or any agent or representative of the applicant who will participate under the permit has previously violated any of the terms and provisions of this article or any prior permit issued thereunder.
Any permit granted hereunder may be cancelled after issuance if any of the reasons for prior refusal should be discovered or become apparent during the solicitation period.
It shall be unlawful for a charitable organization to distribute literature or any other article within the limits of the Township of Robinson, whether or not solicitation for money or anything of monetary value is involved, without first applying for and obtaining a permit in accordance with §§ 190-3 through 190-5 set forth above for charitable solicitation.
Within 10 days after notice of the action has been mailed or hand delivered, the applicant shall notify the Township Manager in writing of his intent to contest said action. Within 30 days after receipt of said notice to contest, the Board of Commissioners shall hold a hearing on the appeal petition and render a decision or may institute a proceeding for temporary, preliminary and permanent injunction to restrain the denied solicitation or distribution in a court of competent jurisdiction, which action shall be governed by the applicable rules of procedure and the time limits thereunder.
Upon issuance of a permit, the Township Manager shall note his/her approval in the Registry Book and shall, at that point, issue to the applicant or any agent or representative of the applicant who will participate under the permit an identification card, which card shall state the applicant's name, address, sex, height, color of hair and eyes and the full name of the charitable organization which he or she represents.
[Amended 7-13-1992 by Ord. No. 9-1992]
When permits for charitable solicitation or charitable literature distribution or a combination of the two are granted, the following rules and standards shall apply:
Location. Such permits shall be restricted to public areas of the Township and shall not be construed as permission by any private property owner to conduct said activity on private premises.
Time. Permit holders shall be restricted to the hours of 8:00 a.m. to 9:00 p.m.
Manner of operation.
Each person included in a permit shall wear the identification card issued by the Township of Robinson on the upper clothing and in a manner clearly visible to the public. It shall not be transferred to another person and must be returned to the Township Manager at the expiration of the permit.
Each person included in a permit shall not initiate any physical contact with prospective donors unless said donor has either consented to such contact or agreed to make a contribution.
Permittees are at all times subject to all laws, statutes and ordinances, federal, state or local, regarding fraud, assault, battery, theft, littering and any other law relating to the conduct of persons in public places.
A permit shall expire after 30 days from the date of issuance. A permit may be renewed for successive day intervals if written request for the same is received by the Township Manager within the period of 10 days prior to the expiration date and the request for renewal contains a statement that the request is predicated on the same information as contained in the original application.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days.
[Adopted 5-12-2008 by Ord. No. 2-2008]
As used in this article, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling, as herein defined.
- Any natural person, association, partnership, firm, organization or corporation.
- Any person who shall engage in soliciting, as hereinabove defined.
It shall be unlawful for any person to engage in soliciting and/or peddling upon or along any of the public streets, alleys or public places of the Township of Robinson. It shall be unlawful for any person to engage in soliciting or peddling by going from house to house without having first procured a license to do so. Any person issued a license in accordance with this article shall retain the original or photocopy of the same upon their person while engaging in any activity regulated by this article. In addition, any person issued a license shall visibly display on their person evidence of the issuance of the license that may be required and issued by the Township.
No person, as defined herein, may obtain or have in effect more than 10 licenses for solicitation or peddling in the Township at any time. It is the intent of this prohibition to prohibit any person from obtaining more than 10 licenses on any singular occasion and to also prohibit any person from cumulatively obtaining more than 10 licenses in any ten-day license period. The Township finds that this restriction is reasonable and necessary to preserve and promote the health, safety, tranquility and welfare of the residents of the Township and serves the purpose of protecting the residents from undue annoyance and protects the traveling public from the existence of a multitude of pedestrians within public rights-of-way.
It shall be the duty of any person engaging in any activity set out in § 190-13 within the limits of the Township of Robinson to make application to the Chief of Police of Robinson Township for a license to do so. It shall be the duty of the Chief of Police to investigate the application with regard to accuracy of the information on the application and any record of unsafe, criminal or fraudulent conduct of the applicant.
The license referred to in this section shall issue upon filing of a completed application and investigation unless the Chief of Police informs the person in writing and within 10 days of the date of application that the Chief of Police can demonstrate that the person, firm, corporation or association is seeking to engage in unsafe, illegal, fraudulent or criminal activity or has made a material misrepresentation on the license application.
In order to preserve the right of Township residents to enjoy the peace and tranquility of their homes without unreasonable interruption or annoyance during times when door-to-door solicitations are most unwelcome, notwithstanding § 190-13, it shall be unlawful for any person to sell or offer for sale any goods, commodity or services, or to solicit funds or donations of any kind in the Township of Robinson or by going from house to house for such purposes, between the hours of 5:00 p.m. and 10:00 a.m. or all day on Sundays or other business holidays recognized as such holidays by the Commonwealth of Pennsylvania. Peddling activities shall be conducted only between the hours of 9:00 a.m. and dusk, prevailing time, unless a modification of such time period is granted by the Robinson Township Chief of Police, who shall have the discretion, but not the obligation, to grant such modifications if so requested.
[Amended 7-13-2009 by Ord. No. 3-2009]
No activity described in § 190-13 shall be done on any private property posted with no-solicitation signs, and any such violation will be considered a trespass subject to the criminal laws of the commonwealth.
The license application referred to in § 190-13 shall require only information sufficient to allow the person engaging in activity described in § 190-13 to be contacted by a Robinson Township citizen or by Robinson Township. This information shall include the name, address, date of birth, driver's license number, vehicle information and phone number of the person engaging in activity described in § 190-13. The application shall also require a brief description of the goods, commodity or service to be sold or offered for sale. If the applicant is a business enterprise of any kind, the application shall also include the official name of the business, any alternate names under which the enterprise conducts business, its state of incorporation, its tax identification number, and its registered address for accepting service of process.
The applicant shall at the time of application state the duration of the activities for which the applicant seeks the license. Any license issued in accordance with this article shall be valid and in effect for a period of no more than 10 days from the date of issuance.
A resident may submit a written request to the Township to be placed on a restricted residents directory, which shall be given to all applicants upon approval and issuance of a license. Persons to whom licenses are issued shall not solicit or peddle at any residence listed in such directory. Any licensee in violation of this section shall be subject to the penalties set forth in § 190-22.
No license shall be used at any time by any person other than the person to whom it is issued.
Any license issued hereunder may be revoked by the Chief of Police or Township Manager, after notice, for any of the following reasons:
Fraud, misrepresentation or false statements contained in or material fact omitted from the application for a license.
Failure to pay any outstanding penalty imposed pursuant to this article.
Any other violation of this article.
The following persons are exempt from the provisions of § 190-15 hereinabove.
Any person engaged in the delivery of goods, wares or merchandise or other articles or things in the regular course of business to the premises of persons who had previously ordered the same or who were entitled to receive the same by reason of a prior agreement.
Persons conducting a bona fide auction sale pursuant to law or a sale required by statute or by order of court.
Peddlers or solicitors who are invitees of the person(s) who is(are) the object of their peddling or soliciting.
Persons who go upon the property or premises of another to engage in any lawful communications other than selling or attempting to sell subscriptions, products or services may do so, provided that such persons shall abide by any signs posted pursuant to § 190-15D hereof and all applicable laws and ordinances.
Editor's Note: Former Subsection E, which immediately followed this subsection, was repealed 7-13-2009 by Ord. No. 3-2009.
The Board of Commissioners of Robinson Township shall establish by resolution a schedule of fees for the obtaining of permits required under the provisions of this article.
If any person is denied a license pursuant to § 190-13, that denial shall, at the written request of the person, be reviewed by the Robinson Township Board of Commissioners at its regularly scheduled meeting occurring in the month following the date of the denial of the application. The license shall be deemed approved unless the Robinson Township Board of Commissioners, by majority vote, finds that the person, firm, corporation or association is seeking to engage in unsafe, illegal, fraudulent or criminal activity, or has made a material misrepresentation on the license application.
Any person who shall violate any provision of this article, upon conviction thereof in any action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.