[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin 11-23-2010 by Ord. No. 10-05.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
110, Peddling and Soliciting, adopted 10-7-1957 by Ord. No. 13, as
amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who shall engage in peddling/soliciting as herein
defined. The words "peddler" and "solicitor" shall include the words
"vendor," "street vendor," "hawker" and "huckster," and other such
words carrying or conveying the same meaning and understanding and
addressing the same activities described thereby.
Any person representing a governmental agency, charitable,
educational, religious or political organization or any association
incorporated in accordance with or subject to the provisions of the
Commonwealth of Pennsylvania, Department of State, Bureau of Charitable
Organizations, for the purpose of soliciting membership, money and/or
property by or on behalf of a nonprofit/exempt organization, cause,
candidate or viewpoint.
The selling or offering for sale of any goods, wares or merchandise
for immediate delivery, which the person selling or offering for sale
carries with him/her in traveling or has in his/her possession or
control upon any of the streets or sidewalks, from house-to-house
within the Township of Towamencin.
The seeking or taking of contracts or orders for any goods,
wares or merchandise for future delivery or for services performed
for the homeowner by a private individual or for-profit corporation,
upon any of the streets or sidewalks, from house-to-house within the
Township of Towamencin, including the door-to-door delivery of business
advertisements that do not require direct contact with residents.
Any and all peddlers/solicitors are prohibited from entering
upon any property that is posted with a "No Peddling" and/or "No Soliciting"
sign and may be prosecuted for trespassing.
It is unlawful for any person(s) to engage in peddling or soliciting
within Towamencin Township without a valid permit issued by Towamencin
Township, except if said person(s) represents an exempt organization.
All peddlers/solicitors shall, when conducting business activities
in the Township, comply with the following rules of conduct:
A.
Carry the permit at all times and furnish it upon request of any
person to whom the peddler/solicitor is attempting to peddle.
B.
Peddlers/solicitors shall not enter or attempt to enter any dwelling
house or place of business without the invitation or permission of
the occupant and shall immediately leave the premises upon request.
C.
Peddlers/solicitors shall only engage in peddling/soliciting within
the Township between the hours of 10:00 a.m. and 6:00 p.m. Monday
through Friday and 10:00 a.m. and 5:00 p.m. on Saturdays. No soliciting
is permitted on Sundays and federal/state legal holidays.
D.
Peddlers/solicitors shall not call out or shout to sell services
or goods, nor shall they use any loudspeaker, horn, music or other
device or vehicle that uses such devices.
E.
Peddlers/solicitors shall not occupy by standing in person, with
or without a stand, cart, or similar fixtures, upon any fixed location
or along any of the alleys, sidewalks, streets or any other public
rights-of-way in the Township.
F.
Peddlers/solicitors shall not park any vehicle upon or along any
of the streets or sidewalks of the Township for the sole purpose of
advertising, displaying and selling of merchandise.
G.
Peddling/soliciting is not permitted on Township property or in Township
parks unless approved by the Board of Supervisors.
H.
Peddlers/solicitors shall not peddle/solicit on private property
without permission of the property owner.
I.
Peddlers/solicitors shall not cut across or walk upon any front lawn,
back yard or courtyard except upon sidewalks, walkways or private
driveways, if such sidewalks, walkways or driveways are provided.
J.
It shall be unlawful for any person to peddle or solicit or attempt
to peddle/solicit at a place of residence at any entrance other than
the main entrance of the residence.
K.
Peddlers/solicitors who are offering any food for sale or using any
mobile food unit that requires a permit from the Montgomery County
Health Department must provide said permit when applying for a Township
permit.
L.
Peddlers/solicitors of home improvements services who are required
to comply with any state legislation must provide proof of compliance
with said legislation when applying for a Township permit.
A.
Any person or business desiring to engage in peddling/soliciting
within the Township must first obtain an application from the Towamencin
Township Police Department for a permit. The application must be completed
by the individual applicant and returned to the Police Department,
which may require such information as the Chief of Police deems appropriate,
including, but not limited to, valid government-issued photo identification,
fingerprinting, photograph, prior criminal record (provided at the
applicant's expense), name of employer and the type of peddling/soliciting
being made to the public.
B.
All peddling/soliciting permits shall be issued by the Towamencin
Township Police Department and shall be exhibited in clear view by
the peddler/solicitor at all times. Permits shall not be altered.
No permit can be transferred from one person to another, and there
may be a five-to-seven-business-day waiting period between application
and issuance of a permit. Permits shall be valid for a maximum period
of up to 30 days, after which a new permit application must be submitted,
fee paid, and permit approved by the Towamencin Township Police Department.
C.
A separate application shall be filed and a separate permit fee shall
be paid by each person who shall actually conduct the peddling/soliciting
and shall apply where an employer desires to secure permits for his
employees, agents or representatives.
Fees for peddling/soliciting permits shall be set from time
to time by separate resolution of the Towamencin Township Board of
Supervisors.
A.
The Chief of Police is hereby authorized to revoke or suspend any
permit issued under this chapter for any violation of any of the provisions
of this chapter, or for giving false information or for failing to
properly and accurately complete the application for a permit. The
Chief of Police is further authorized to refuse a permit to any person
whom the Chief deems could present a threat of harm or danger to the
citizens of Towamencin Township. When a permit is revoked, no other
permit shall be issued to the same applicant within one year of the
date of revocation.
B.
An applicant may appeal, in writing, a decision by the Chief of Police
to the Township Manager.
Any person or commercial entity who or which has violated or
permitted the violation of the provisions of this chapter shall, upon
conviction before a Magisterial District Judge, be subject to a penalty
of not less than $200 nor more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days, or both such fine and imprisonment. Each day
that a violation continues may be regarded as a separate offense and
punishable as such.
A.
Persons and organizations, their employees, agents and representatives
who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes that are in compliance with the provisions
set forth by the Commonwealth of Pennsylvania, Department of State,
Bureau of Charitable Organizations, are exempt from the requirement
to obtain a permit and to pay any fee to solicit.
B.
All persons, organizations, their employees, agents and representatives
who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes are required to provide proof of their nonprofit/exempt
registration and register with the Towamencin Township Police Department.
C.
All persons, organizations, their employees, agents and representatives
who engage in door-to-door soliciting/peddling on behalf of nonprofit/exempt
organizations and causes are required to adhere to all other provisions
of this chapter.
Special exceptions to this chapter may be granted by the Board
of Supervisors for community or Township-sponsored events.
