Township of Lower Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Moreland 10-15-2008 by Ord. No. 609. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 132.
Pawnbrokers and secondhand dealers — See Ch. 134.
Peace and good order — See Ch. 136.
Advertising signs and banners — See Ch. 176, Art. IV.
Fees — See Ch. A214.

§ 140-1 Purpose.

It is the purpose and intent of this chapter to provide the Township with standards defining and regulating peddling and soliciting. These standards are intended to protect the safety and privacy of the residents of Lower Moreland Township by regulating the behavior of peddlers and limiting peddlers' access to residents who do not wish to interact with them.

§ 140-2 Definitions.

The following words shall have the following meanings when used in this chapter, unless the context requires otherwise:
PEDDLER
Any person who shall engage in peddling or soliciting.
PEDDLING or SOLICITING
Engaging in the peddling, canvassing, soliciting, hawking, vending, taking of orders, selling, or offering for sale of any commercial services, goods, wares, merchandise, printed matter or food products by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highways of the Township.

§ 140-3 Posting of property.

Any person, firm or corporation who is the owner or lawful occupant of private property within Lower Moreland Township may prohibit the practice of going in or upon the private property of such owner or occupant by peddlers by posting upon such property a sign which reads "No Peddling or Soliciting" in a location which is reasonably visible to persons who intend to enter upon such property.

§ 140-4 Entering upon posted property prohibited.

Any and all peddlers are prohibited from entering upon any property that is posted with a "No Peddling or Soliciting" sign and may be prosecuted for trespassing.

§ 140-5 Conduct of peddlers.

Every peddler shall, in the carrying on of his or her business or activities in the Township, comply with the following rules of conduct:
A. 
The peddler shall carry official identification, such as a driver's license, upon his or her person at all times and shall exhibit it upon request of any person to whom the peddler is attempting to peddle.
B. 
The peddler shall not enter or attempt to enter any dwelling house or place of business without invitation or permission of the occupant and shall immediately leave the premises upon request.
C. 
The peddler shall only engage in peddling or soliciting within the Township on Monday through Saturday during daylight hours. No peddling shall be allowed on Sundays or on any state or federal legal holidays.
D. 
The peddler shall not call out or shout to sell his or her services or goods, nor shall the peddler use any loudspeaker or horn or other device for announcing his or her presence by which the public is annoyed.
E. 
The peddler shall not occupy any fixed location upon or along any of the streets, alleys or sidewalks of the Township for the purpose of peddling or soliciting, with or without any stand, counter or cart.
F. 
The peddler shall not park any vehicle upon or along any of the streets, alleys or sidewalks of the Township for the purpose of sorting, rearranging or cleaning any of his or her goods, wares or merchandise or of disposing of any carton, wrapping material or of any stock or wares or foodstuffs that have become unsalable through handling, age or otherwise.

§ 140-6 Exemptions for noncommercial peddlers.

Persons or organizations engaged in door-to-door canvassing on religious or political subjects, or distributing religious or political handbills, shall be exempt from requirements of this chapter. All such persons, however, shall carry official identification, such as a driver's license, upon his or her person at all times and shall exhibit it upon request of any person to whom the peddler is attempting to solicit.

§ 140-7 Licensing of commercial peddlers.

[Added 4-17-2013 by Ord. No. 665[1]]
A. 
In addition to the requirements of § 140-5 of this chapter, any person or organization desiring to engage in peddling within Lower Moreland Township must first make application to the Police Department of Lower Moreland Township for a license. The Police Department may require such information as the Chief of Police deems appropriate, including, but not limited to, fingerprinting, photograph, prior criminal record, name of employer and type of solicitation being made to the public.
B. 
Every person intending to peddle within Lower Moreland Township shall be required to file an application and obtain a license. No license issued under this section shall be transferable from one person to another, and there shall be a three-to-five business day waiting period between application and issuance of license. Peddling may only occur from 9:00 a.m. to dusk, Monday through Saturday.
C. 
All fees for peddling licenses shall be set by separate resolutions of the Lower Moreland Township Board of Commissioners.[2]
[2]
Editor's Note: See also Ch. A214, Fees.
D. 
All licenses issued by the Police Department of Lower Moreland Township shall be exhibited in clear view by the person soliciting at all times, it shall be shown upon request by any resident, and it shall not be altered or used by any other person except the applicant and licensee.
E. 
All licenses issued by the Police Department shall be in effect for 30 days after which a new license must be issued by the Department.
[1]
Editor's Note: This ordinance also redesignated former § 140-7 as § 140-9.

§ 140-8 License suspension or revocation.

[Added 4-17-2013 by Ord. No. 665]
The Chief of Police is hereby authorized to suspend or revoke any license issued under this chapter for any violation of any of the provisions of this chapter or for giving false information upon any application for a license. The Chief of Police is further authorized to refuse a license to any person with a prior criminal record and to any other person who would present a threat of harm or danger to the citizens of Lower Moreland Township.

§ 140-9 Violations and penalties.

[Amended 4-17-2013 by Ord. No. 665]
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon conviction thereof in an action brought before a District Justice, be subject to a fine of not less than $300 nor more than $600, plus court costs and attorneys' fees, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.