[HISTORY: Adopted by the Board of Supervisors
of the Township of Springettsbury 5-7-1970 by Ord. No. 1970-05 (Ch.
13, Part 1, of the 2003 Code); amended in its entirety 4-9-2009 by Ord. No.
2009-04. Subsequent amendments noted where applicable.]
A.Â
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this chapter, the following terms shall
have the meanings indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery, which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks, from house to house,
by visitation to private residences or by entering in or upon private
property within the Township.
Any natural person, association, partnership, firm, organization,
corporate entity or limited-liability company.
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for delivery, or for subscriptions,
contributions, or panhandling upon any of the streets or sidewalks,
from house to house, by visitation to private residences, or by entering
in or upon private property, within the Township, and shall further
mean the seeking or taking of contracts or orders for home or other
building repairs, improvements and alterations and also orders or
contracts for any mechanical, electrical, plumbing or heating device
or equipment for houses or other building improvements or repairs
upon or from the places aforesaid within the Township. Soliciting
shall also include any person who for the purpose of commercial advertising
is in costume or is carrying a sign.
[Amended 6-27-2013 by Ord. No. 2013-01]
Any person who shall engage in soliciting as hereinabove
defined.
B.Â
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.Â
No person shall engage in soliciting or peddling in
the Township without first having obtained a license as herein provided.
B.Â
No license shall be required for the following:
(1)Â
Farmers selling their own produce.
(2)Â
For the sale of goods, wares and merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
(3)Â
Any manufacturer or producer in the sale of bread
or bakery products, meat and meat products or milk and milk products.
(4)Â
Children under the age of 18 years who take orders
for and deliver newspapers, greeting cards, candy, bakery products
and the like or who represent the Boy Scouts or Girl Scouts or similar
organizations.
(5)Â
The seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the Commonwealth of
Pennsylvania.
(6)Â
A charitable or religious organization, including
but not limited to a person who has complied with the provisions of
the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq., as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
(7)Â
For taking orders for merchandise by sample from dealers
or merchants or individuals or companies who pay a license or business
privilege tax at their chief place of business.
A.Â
Every person not falling into the license exceptions in § 220-2B (See above.) who desires to engage in soliciting or peddling in the Township shall first make application to the Township Manager for a license. If such person shall also be required to obtain a license from any county officer he shall, on making such application, exhibit a valid county license. The application shall be upon a blank provided by the Township Manager and shall contain at least the following information verified by oath or affirmation:
(1)Â
Full name of the applicant and local address, if any.
(2)Â
Permanent address.
(3)Â
Name of employer or a statement that such applicant
is self-employed.
(4)Â
The nature of the goods, wares, services or merchandise
offered for sale.
(5)Â
A statement as to whether or not the applicant has
ever been convicted of any crime and, if the answer is in the affirmative,
the nature of the offense or offenses and the punishment or punishments
imposed there.
(6)Â
The type of vehicle to be used, if any.
(7)Â
Upon request, the applicant shall also submit to fingerprinting
and furnish a photograph.
B.Â
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above
shall be given for each helper and verified or affirmed by oath or
affirmation by, and an individual license shall be required for, each
helper. No license under this chapter shall be transferable from one
person to another.
Each applicant under this chapter shall pay
a license fee in an amount as established, from time to time, by resolution
of the Board of Supervisors for the primary application and an additional
fee in an amount as established, from time to time, by resolution
of the Board of Supervisors for each person who shall actually conduct
the soliciting or peddling at the time of the filing of the application
or applications to the Township Manager.
The license granted pursuant to this chapter shall be valid for 30 days after the date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of the applicable license fees as provided in § 220-4.
Such license, when issued, shall state inter
alia the products to be sold, services to be rendered or subscriptions
or contributions to be solicited by the licensee. Every solicitor
or peddler shall at all times, when engaged in soliciting or peddling
in the Township, carry such license upon his person and shall exhibit
it upon request to all police officers, Township officials and citizens.
No solicitor or peddler shall engage in selling any product or service
not mentioned on such license.
No solicitor or peddler under this chapter shall
engage in soliciting or peddling on Sundays nor on any other day of
the week before 9:00 a.m. or after 6:00 p.m., prevailing time.
No solicitor or peddler under this chapter shall
park any vehicle upon any of the streets, highways or alleys of the
Township in order to sort, rearrange or clean any of his goods, wares,
services or merchandise. No such person shall place or deposit any
refuse on any such streets, highways or alleys. No such person shall
maintain or keep a street or curbstone market by parking any vehicle
upon any street or alley in the Township for any longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity.
[Amended 6-27-2013 by Ord. No. 2013-01]
A.Â
A peddler
or solicitor shall not occupy any fixed location upon any of the sidewalks,
streets, highways or alleys of the Township, with or without any stand
or counter.
B.Â
A peddler
or solicitor shall not occupy the cartway or berm of any street or
highway or any portion or part contained within the cartway (e.g.,
median strip, fixed barrier, lined area, etc.).
C.Â
Solicitors
in costume and/or carrying or displaying signs for the purpose of
commercial advertising shall not occupy any sidewalk or right-of-way,
or any part thereof.
The Township Manager shall keep a record of
all licenses issued under this chapter.
Any license issued under this chapter may be
suspended or revoked at any time by the Township Manager upon proof
being furnished to him that the application for the license contained
false information or that the applicant or licensee was convicted
of a crime involving moral turpitude after the issuance of such license
and that the licensee was convicted of disorderly conduct under any
law of the Commonwealth of Pennsylvania or any ordinance of the Township.
No solicitor or peddler under this chapter shall
hawk or cry his wares or services upon any of the streets or sidewalks
of the Township nor shall be use any loudspeaker, bell, whistle or
other device for announcing his presence by which the public is annoyed.
A resident or resident business may display
a "No Solicitation" sign at his or her premises. If such a sign is
displayed, a solicitor or peddler shall not enter the premises for
purposes of solicitation or peddling.
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof, in an action
brought before a district justice 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 chapter continues,
or each section of this chapter which shall be found to have been
violated, shall constitute a separate offense.