[HISTORY: Adopted by the Board of Supervisors of the Township
of Middlesex 10-20-2010 by Ord. No. 118.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch.
120, Peddling and Soliciting, adopted 9-21-2005 by Ord. No. 104.
The following words shall be construed to have the meanings
set forth below; and, throughout this chapter, the singular shall
include the plural, and the masculine gender shall include the feminine
and neuter:
The practice of going from dwelling unit to dwelling unit
to:
Conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
To make analyses, to take opinion polls, to compile rating data;
To advance or advocate religious, political causes, other issues
of public concern, and proselytizing or seeking contributions with
regard thereto; and
To conduct any similar work which, by its nature, involves door-to-door
to place-to-place activity, including distribution of circulars.
Any goods or services, including, but not limited to, magazines,
periodicals, books, orders or contracts for services, home improvements
or alterations.
Any solicitor or peddler required to apply for a registration
certificate under this chapter and shall include all agents and employees
of the solicitor.
The practice of going from dwelling unit to dwelling unit
advertising, promoting, selling, causing to be sold, offering for
sale or taking orders for present or future delivery of merchandise
or services. Solicit, or peddling does not include a series of licensed
entries on private property (e.g., milkman making normal deliveries)
or any activity within the definition of "canvass" set forth above.
The municipal government or the land within the geographical
boundaries of Middlesex Township, Butler County, Pennsylvania, depending
upon the context.
No person shall solicit or peddle in the Township without first
having obtained a permit from the Township Manager, or his or her
delegate. A permit or registration for individuals engaging in canvassing
shall not be required.
Each person desiring to engage in soliciting or peddling shall
first make application to the Township one week prior to engaging
in such soliciting or peddling. Such application shall be provided
by the Township and shall contain the following information verified
by oath or affirmation for each applicant: what he/she desires to
solicit for; the days, dates of the registrant's soliciting or
peddling; his/her name, home address, a statement as to whether he/she
has been convicted of a criminal offense, and, if so, the date of
conviction and disposition; the make, model, year, color, and registration
of the vehicle, if any, he/she will use; a copy of a current driver's
license. Signature denotes authorization to conduct a criminal history
inquiry. The Township will conduct a criminal history background check
based on information received and following that, if all information
is in order, will issue to the applicant a permit. Such permit may
not be transferred from one person to another.
The following fees will be charged for the issuance of a permit,
and will accompany the registrant's solicitor's identification
badge and a copy of this chapter:
A.
Every person engaged in soliciting or peddling within the confines
of the Township shall, in the conduct of his or her activities, comply
with the following standards of conduct:
(1)
The principal registrant shall carry the permit at all times when
in the Township and shall exhibit it to any Township citizen or resident
or Township official upon request.
(2)
Every person must prominently display on his/her outermost garment
an identification badge, which signifies authorization to solicit
or peddle within the Township for a specified period.
(3)
Every person shall not allow any other individual to have possession
of his identification card and shall immediately report its loss to
the Township. He shall not cause or permit his identification card
to be altered or defaced in any way.
B.
Every person engaged in canvassing, soliciting or peddling within
the confines of the Township shall, in the conduct of his or her activities,
comply with the following (or additional, as applied to solicitors
and peddlers) standards of conduct:
(1)
All canvassers, solicitors or peddlers shall respect and comply with
any "No Solicitation" or "No Soliciting" sign erected or displayed
on private property within the Township. Individuals and/or organizations
which fail to comply with such signs may be subject to civil and/or
criminal trespass actions.
(2)
All canvassers, solicitors or peddlers shall not enter or attempt
to enter any dwelling without the invitation or permission of the
occupant and shall immediately leave any premises upon request of
the occupant.
(3)
Every person shall conduct himself/herself at all times in an orderly
and lawful manner.
In the event an application for a permit to solicit or peddle
is disapproved by the Township Manager or delegate, the applicant
may, within five days of the denial, appeal the decision to the Township
Board of Supervisors which shall set a time and place for a hearing.
This hearing shall be held within 30 days after appeal is taken by
applicant, at which hearing the applicant will be given the opportunity
to present reasons why the permit should be issued. The decision of
the Township Board of Supervisors shall be made within 10 days of
the appeal hearing, and shall be final.
A.
Hours. No person shall canvass, solicit or peddle before 9:00 a.m.
or after 8:00 p.m., Monday through Sunday. This restriction shall
apply both to all persons to whom a permit has been issued and to
those engaged in canvassing who are not required to obtain a permit.
B.
List. No person shall solicit or peddle in the Township without first
obtaining from the Township Manager or his or her delegate a list
of all residences and dwelling units in the Township where the owner/occupant
of the residence or dwelling unit has notified the Township in writing
that they do not wish to be visited on his/her premises at any time
by any person performing any canvassing and/or soliciting or peddling
activity. Any such written notice from an owner/occupant to the Township
may be revoked in writing at any time by such owner/occupant. The
list shall also be made available to canvassers to obtain at the option
of the canvasser(s).
The Township Manager may revoke the permit for any of the following
causes:
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/her business as solicitor, peddler, or transient merchant
or itinerant vendor;
C.
Any violation of this chapter;
D.
Conviction of any crime involving moral turpitude; or
E.
Conducting his/her business in an unlawful manner or in such a manner
as to constitute a menace to the health, safety or general welfare
of the general public.
The terms of this chapter shall not apply to:
A.
Persons selling personal property at wholesale to dealers in such
articles, and the provisions of this chapter shall not apply to the
acts of merchants or their employees in delivering goods in the regular
course of business, nor shall the terms of this chapter be held to
include or apply to any farmer or truck gardener who shall vend, sell
or dispose of or offer to sell, vend or dispose of the products of
the farms or garden occupied and cultivated by him; nor shall it apply
to any manufacturer or producer in the sale of bread, bakery or dairy
products, meat and meat products or milk or milk products; nor shall
it apply to any person who is delivering gasoline, kerosene or other
heating and/or cooking fuels to a residence. Nothing contained in
this chapter shall be held to prohibit any sale required by statute
or by order of any court, or to prevent any person conducting a bona
fide auction sale pursuant to law.
B.
In addition, this chapter shall not apply to boys or girls 19 years
of age or younger who take orders for and deliver newspapers, greeting
cards, candy and the like, or who represent the Boy Scouts and Girl
Scouts or similar organizations and take orders for and deliver cookies
and the like, or who are members of a school, church or other charitable
or civic organization.
C.
Any person who works for an organization which has been registered
with the Pennsylvania Department of State, as required by Act No.
337, approved August 9, 1963, known as the "Solicitation of Charitable
Funds Act," 10 P.S. § 160-1 et seq.,[1] shall not have to register with the Township, but such
organization shall cause notice to be given to the Township that such
person will be soliciting in the Township; any such person shall carry
an appropriate identification card issued by the organization for
which he or she works.
[1]
Editor's Note: The Solicitation of Charitable Funds Act
was repealed by Act of April 30, 1986, P.L. 107, No. 36. See now the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq.
D.
Persons who are acting as representatives of accredited war veterans
organizations.
A.
Civil enforcement. The Township may commence a civil proceeding before
a District Judge or an action in equity before the Court of Common
Pleas. Any person who shall violate any provision of this chapter
shall, for each and every such violation, pay a penalty of not less
than $100 or no more than the maximum penalty of $600 per violation
as permitted by Section 1601(c.1)(1) of the Second Class Township
Code, 53 P.S. § 66601(c.1)(1), as may be amended, following
adjudication by a District Judge or Judge of the Court of Common Pleas,
plus court costs and reasonable attorney fees incurred by the Township.
Each day during which any person violates any provision of this chapter
shall constitute a separate offense.
B.
Criminal enforcement. The Township may file and commence a summary
offense proceeding. Any person who shall violate any provision of
this chapter shall, for each and every such violation, be sentenced
to pay a fine of not less than $100 or no more than the maximum penalty
of $1,000 per violation as permitted by Section 1601(c.1)(2) of the
Second Class Township Code, 53 P.S. § 66601(c.1)(2), as
may be amended, plus costs of prosecution, following adjudication
and conviction by a District Judge or Judge of the Court of Common
Pleas. Each day during which any person violates any provision of
this chapter shall constitute a separate offense.
