[Ord. 1758, 4/25/1984, § 1]
When used in this Part, the following terms shall have the following
meanings:
An organization which has been granted an exemption by the
United States Internal Revenue Service under Section 501(c) or Section
509(a) of the Internal Revenue Code.
Any person:
Who goes from private residence to residence, conveying or transporting
goods, wares or merchandise, or offering or exposing the same for
sale or making sales or delivering articles, goods, wares or merchandise
to purchasers;
Who goes from private residence to residence, soliciting or
attempting to take orders from individuals for sale of goods, wares
or merchandise, including magazines, books, periodicals or personal
property of any nature whatsoever, for future delivery, or for service
to be performed at that time or in the future, whether or not such
individual has, carries or exposes for sale a sample of the subject
of such order or whether or not he is collecting advance payments
on such order.[1]
Any person, who for three months or less, hires, rents or
obtains a definite place of business, including a storeroom, a market
stand, or a private residence, for the sale of goods, wares, merchandise
or to offer or expose the same for sale or for future delivery and
sale, including any person employed or assisting at such place of
business.
[1]
Editor’s Note: Former Subsection (c) of this definition
was repealed by Ord. 1993, 2/27/2017.
[Ord. 1758, 4/25/1984, § 2; as amended by Ord.
1993, 2/27/2017]
The terms of this Part shall not be held to apply to (1) the acts of merchants or their employees or agents in delivering goods or services in the regular course of business; (2) any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products, (3) farmers selling only their own produce; and (4) transient merchants selling goods, wares or merchandise donated by the owners thereof if all proceeds therefrom go to a charitable organization as defined herein; provided, however, that the exemptions granted under this section shall not apply to any requirement imposed under § 13-513 hereof.
[Ord. 1758, 4/25/1984, § 3]
It shall be unlawful for any solicitor or transient merchant,
as defined in § 501 of this Part to engage in any such business
within the Township of Harrison without first obtaining a license
therefor in compliance with the provisions of this Part.
[Ord. 1758, 4/25/1984, § 4]
1.
Applicants for a license under this Part must file with the Police
Department of the Township an application in writing on a form to
be furnished by the Township, and which contains the following information:
A.
Name and physical description of applicant.
B.
Complete permanent home and local address of the applicant and, in
the case of transient merchants, the local address from which proposed
sales will be made.
C.
A brief description of the nature of the business and the goods to
be sold or the organization on behalf of which funds are solicited.
D.
If employed, the name and address of the employer.
E.
The source of supply of the goods or property proposed to be sold,
or orders taken for the sale thereof; and the proposed method of delivery.
F.
Two recent photographs of the applicant, which shall be approximately
two inches, showing the head and shoulders of the applicant in a clear
and distinguishable manner.
G.
A statement as to whether or not the applicant has been convicted
of any felony or crime involving moral turpitude.
H.
Applications involving solicitation for a charitable institution
shall be accompanied by a copy of the grant of exemption issued by
the Internal Revenue Service.
I.
A description of any vehicle to be used in the course of the applicant's
solicitation or business, including the vehicle's license number
and name of the vehicle's owner.
J.
A statement of the length of time for which a license is requested.
2.
This application completed as to all matters inquired of shall be
turned over to the Township Secretary, together with an application
fee to cover the expenses of investigation, payable to the Township
of Harrison; said fee to be established by resolution of the Board
of Commissioners.
[Amended by Ord. 1993, 2/27/2017]
[Ord. 1758, 4/25/1984, § 5]
1.
Upon receipt of each application, it shall be immediately reviewed
by the Township Secretary for completeness and accuracy.
[Amended by Ord. 1993, 2/27/2017]
2.
If as a result of such review. the application is found to be complete
and accurate, the Township Secretary or other designated official
shall forward such application to the Chief of Police or the Chief's
designee for background investigation. The Chief of Police shall endorse
on the application his or her approval or rejection and return the
application to the Township Secretary or other designated official,
who shall, upon payment of the prescribed initial license fee and
approval by the Chief of Police or the Chief's designee, deliver to
the applicant his or her license within 24 hours after payment of
the fee.
[Amended by Ord. 1993, 2/27/2017]
3.
Such license shall contain the signature of the issuing officer,
and shall show the name, address and photograph of said licensee,
the class of license issued, a description of the kind of goods, solicitation
or business involved, the organization involved, the amount of fee
paid, the date of issuance and the expiration date, as well as the
license number and other identifying description of any vehicle used
in such licensed business. Each solicitor or transient merchant must
secure an individual license. No license shall be used at any time
by any person other than the one to whom it is issued. The Township
Secretary shall keep a permanent record of all licenses issued and
those rejected.
4.
Applicants denied a license shall be so notified in writing setting
forth specifically the grounds for denial and advising the applicant
of the right of appeal. Such notice shall be transmitted by certified
mail, postage prepaid, to the applicant's last known address.
[Ord. 1758, 4/25/1984, § 6]
Charitable organizations shall comply with the provisions of
this Part, but no application or license fee shall be charged.
[Ord. 1758, 4/25/1984, § 7]
Every applicant granted a license as a solicitor or transient
merchant under this Part, shall pay a license fee as established by
resolution of the Board of Commissioners.
[Ord. 1758, 4/25/1984, § 8; as amended by Ord.
1836, 5/1/1994]
1.
No licensee shall solicit at private residences or business premises
before 9:00 a.m. or after 6:00 p.m. on Sundays and legal holidays,
nor before 9:00 a.m. or after 9:00 p.m., prevailing time, Monday through
Saturday.
2.
No licensee shall solicit at any private residences or business premises
exhibiting a sign reading "No Solicitors" or words of the same or
similar meaning.
3.
Residents may erect "No Solicitors" or similar signs not to exceed
120 square inches in size, which for the purposes of this Part shall
be conspicuously displayed near their entrance walk or doorway.
4.
Solicitors may solicit at business properties in the Township during
all business hours; and may solicit in Township streets and other
public places from 9:00 a.m. prevailing time to sunset; provided that
such solicitors obtain a license as required by this Part and they
shall be subject to all the other provisions of this Part.
5.
No licensee shall occupy a fixed location upon any Township street,
sidewalk or alley for the purpose of conducting sales of any kind.
6.
No licensee shall carry on transient retail business activities at
a private residence contained on the "List of Residences Requesting
No Solicitation" ("No Soliciting List") as supplied by the Township
to any license holder.
7.
The Township Secretary shall maintain a list of the addresses of
residents who have notified the Township Secretary that they do not
wish to be solicited at any time. A copy of this No Soliciting List
shall be supplied along with and as part of any transient retail license
issued hereunder and shall be made available, free of charge, to persons
who have not been issued a license.
[Amended by Ord. 1993, 2/27/2017]
[Ord. 1758, 4/25/1984, § 9; as amended by Ord.
1836, 5/1/1994]
1.
Licenses issued under the provisions of this Part may be revoked
by the Township Code Enforcement Officer or the Chief of Police or
the Chief's designee for any of the following causes:
[Amended by Ord. 1993, 2/27/2017]
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or transient merchant.
C.
Any violation of this Part.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of the peace.
F.
Refusing to leave premises when asked to do so by the occupant.
G.
Conducting solicitation or business not described in the license.
H.
Conducting transient retail business activities at residential premises
posted with a "No Solicitors" or similar sign or at residential premises
identified on the Township's "No Soliciting List" accompanying
the issuance of a license hereunder.
2.
Notice of the revocation of a license shall be given in writing,
setting forth specifically the grounds for revocation and advising
the licensee of the opportunity for a hearing. Such notice shall be
transmitted by certified mail, postage prepaid, to the permittee at
his last known address.
[Ord. 1758, 4/24/1984, § 11]
Any person aggrieved by the action of the Chief of Police or
his designee in the denial of application approval as provided in
§ 505 of this Part, or in the action of the revocation provided
in § 509 of this Part, shall have the right of appeal to
the Board of Commissioners. Such appeal shall be taken by filing with
the Board, within 14 days after notice of the action complained of
has been mailed to such person's last known address, a written
statement setting forth fully the grounds for appeal. Aggrieved persons
timely filing appeals shall be granted a hearing by the Board in accordance
with the Local Agency Law.
[Ord. 1758, 4/25/1984, § 12]
All permits expire on the date specified in the permit.
[Ord. 1758, 4/25/1984, § 13; as amended by Ord.
1782, 2/16/1987; and by Ord. 1836, 5/1/1994]
Any person, firm or corporation who shall violate any provision
of Part 5 shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, and in default of payment, to imprisonment
for not more than 30 days. Each day that a violation of Part 5 continues
shall constitute a separate offense.
[Ord. 1993, 2/27/2017]
1.
All persons going door to door, at private residences, without invitation from the owner or occupant, for the purpose of selling goods or services, to solicit donations, or to advocate for causes, convey a message or otherwise express their views, and who are not required to obtain a license under this Part, shall be required to obtain from the Township and have available, while going door to door, a copy of the list of addresses of residents who informed the Township Secretary that they do not wish to be solicited at any time, as such list is maintained by the Township Secretary pursuant to § 13-508, Subsection 7, hereinafter referred to as the "No Soliciting List."
A.
The Township shall make the No Soliciting List available. at no charge
and without presentation of identification of the requester, at the
Township offices, at the Township Police office, and on the Township
website or by way of e-mail, fax or written reply to a requester.
B.
No person whose activities as require him or her to obtain a copy
of the No Soliciting List shall go to the door of a private residence
on the No Soliciting List while in the course of those activities.
C.
No person whose activities require him or her to obtain a copy of
the No Soliciting List shall go to the door of a private residence
which displays a sign reading "No Solicitors," or words of the same
or similar meaning, while in the course of those activities.
[Ord. 1993, 2/27/2017]
1.
Persons going door to door for the purpose of soliciting donations, or to advocate for causes, convey messages or otherwise express their views, and who are not "solicitors," as defined in § 13-501 of this Part, required to obtain a license under § 13-503. may voluntarily apply for a license pursuant to § 13-504.
