[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan 7-16-2007 by Ord. No. 07-07. Amendments noted where applicable.]
Editor's Note: This chapter superseded former Ch. 134, Peddling and Soliciting, adopted 1-17-2006 by Ord. No. 06-01.
It shall be unlawful for any person, firm or corporation to sell or offer to sell by personal solicitation or by printed or written cards, circulars or any other artifices whatsoever, any good, wares, merchandise, literary products, magazines, periodicals, fruit, fish, vegetables, produce, oysters, milk or any other article of trade whatsoever from house to house or in the public streets or alleys within the limits of Upper Uwchlan Township, or to circulate, distribute, and/or indiscriminately deliver from house to house advertising flyers or pamphlets (except in the course of ordinary mail) without first having procured a permit or license from the Police Department of Upper Uwchlan Township, for such privileges; and it shall further be unlawful for any person to go upon any property within Upper Uwchlan Township to solicit funds from the Township residents for any religious, charitable, or nonprofit cause by knocking upon doors or by ringing door bells so as to cause or attempt to cause residents of the property to open their door, unless the person doing the solicitation has first registered with the Police Department of Upper Uwchlan Township and has received an identification card from the Police Department of Upper Uwchlan Township. Nothing in this section shall preclude the distribution of political or religious flyers, pamphlets or tracts at no cost, or require that individuals merely engaging in religious or political speech be required to register under this chapter.
For the protection of the public against fraud and imposition, all persons making sales or soliciting orders of goods, wares or merchandise as set forth heretofore or soliciting funds for any religious, charitable or nonprofit cause shall first provide a completed application to the Police Department of Upper Uwchlan Township in order to obtain permission and an identification card for these purposes.
After examination of the applicant and his/her application and, where deemed necessary, after verification of the references or other means, the Upper Uwchlan Township Police Department may issue to the applicant the required certification.
Every applicant for a license under this chapter shall pay the license fees as set from time to time by resolution of the Board of Supervisors. Person(s) or organizations may be exempt from fees, however, such person(s) or organizations shall cause notice to be given to the Upper Uwchlan Township Police Department that such person(s) shall be soliciting within Upper Uwchlan Township. The following are exempt from any licensing fees:
Person(s) soliciting contributions on behalf of a nonprofit organization, who, while soliciting, are possessors of a card or otherwise written evidence of their appointment or authority to solicit for said organization or corporation.
Person(s) who are engaged in making surveys for collecting information for the federal, state, county or Upper Uwchlan Township government or agency appointed by these governments to conduct this activity. All those conducting this activity shall have in their possession and displayed an identification card at all times when in the process of actually conducting this activity.
Nothing contained in this chapter shall be held to prohibit any sale permitted by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.
This chapter shall not apply to boys or girls under the age of 18 years 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 or the like.
This chapter shall not apply to any person(s) who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 at seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania and who is soliciting funds on behalf of a purely public charity, as the term is defined in the statutes of the Commonwealth of Pennsylvania, is waived from registration under this act.
Any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions is expressly exempt from fee registration.
Persons regulated by this chapter shall carry and display their identification cards at all times while soliciting within Upper Uwchlan Township and shall show their identification cards to residents or police when requested in order to identify themselves prior to any actual solicitation of funds. The person to whom such card was issued shall immediately report any loss of such identification card to the Upper Uwchlan Township Police Department.
All solicitations carried on by an individual in the case of residential door-to-door or house-to-house calling are restricted to the hours between 9:00 a.m. to dusk on any day of the week, and those person(s) shall not engage in any business activity, except by prior appointment, at any time before 9:00 a.m. or after dusk on any day of the week.
The Upper Uwchlan Township Police Department is hereby authorized to deny, suspend or revoke any license issued under this chapter when it deems such denial, suspension or revocation to be beneficial to the public health, safety or morals, or for violation of any provision of this chapter, or for giving false information upon the application for a license hereunder. The applicant shall make appeals from any suspension, revocation or denial of a license in writing to the Township Manager at any time within 10 days after suspension, revocation or denial. The Township Manager will review the matter within 30 days and render a decision as to the disapproval/approval of the license.
Authority to enforce the provisions of this chapter shall be granted to the Upper Uwchlan Township Police Department, the Office of the Township Manager, the Office of Township Codes Administration and/or any agent designated by the Upper Uwchlan Township Board of Supervisors.
Solicitation of funds for charitable, religious or nonprofit causes shall be permitted at any business establishment and upon any business properties, such as shopping center parking lots, during normal business hours. Those solicitors shall seek permission by the property owners to be there and shall also register at the Police Department and carry identification cards. Organizations soliciting for religious purposes are exempt from providing the Police Department with the names of the individuals who will be engaged in soliciting for that religious group.
No licensee or any person in his or her behalf shall shout, cry out, blow a horn, ring a bell or use any sound or amplifying device upon any of the streets, alleys, parks, or other public places in Upper Uwchlan Township or upon private premises where sound of sufficient volume is emitted or produced there from to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. In addition to this chapter, all licensees shall comply with all additional Upper Uwchlan Township noise ordinances as well.
No licensee shall have any exclusive right to any location in the public streets nor shall any be permitted a stationary location thereon nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets or sidewalks.
Every person, whether principal or agent, entering into or desiring to conduct a transient retail business in the Township for the sale of the goods, wares or merchandise and who hires, leases or occupies a room, apartment, store, shop, building or other place or structure for the exhibition and sale of such goods, wares or merchandise shall, before commencing such business, take out a license to do so from the Chief of Police. The fee for such license shall be as set from time to time by resolution of the Board of Supervisors, and shall be paid monthly in advance to Upper Uwchlan Township.
For the purpose of interpreting this chapter, words used herein shall have the following definitions:
- CONDUCTING BUSINESS
- The conducting of retail sales of goods, wares or merchandise on the streets or in the homes of the Township, including solicitations and taking of orders, whether verbal or written. The phrase includes work commonly done by peddlers, hawkers, auctioneers, hucksters or other door-to-door salesmen. It does not include sales of milk or milk products or bakery products.
- TRANSIENT VENDOR
- Includes any person, corporation, partnership, association or any agent thereof who conducts a business in the Township, either from door to door or in any other manner where the vendor does not have either a residence or a business office within the geographic limits of Upper Uwchlan Township.
No vendor shall deposit any refuse or waste on the streets or alleys or any private or public property in the Township, nor may he or she be parked or stopped for a longer time than is reasonably necessary to conduct his or her business.
The approved vendor shall not permit the throwing or discarding of any paper, debris, or other such items upon the roadways, highways or other places within the Township. The vendor shall dispose of all trash in approved containers.
All mobile vehicles for the purposes of vending shall have suitable trash containers upon them and marked for public use.
Any resident of Upper Uwchlan Township may register with the Upper Uwchlan Township Police Department by signing a registration application indicating that such owner or resident of such home does not wish to be solicited. Upper Uwchlan Township shall place the address of such property upon a registration list for the same and provide that individual with a "No Solicitation" sticker, which that party may display on the upper left-hand side of his or her front door.
Any person seeking a licensing permit under the provisions of this chapter shall, in signing the application to obtain the same, agree that he or she will not solicit homes whose owners or residents have signed a registration list which indicates that such owner or resident of such home does not wish to be solicited. Such a list shall be held by the Police Department, and a copy thereof shall be given to each person obtaining a license and identification card under the provisions of this chapter. In the event that such person soliciting within the boundaries of the Township shall fail to recognize the wishes of the homeowner or the resident of such home expressed in the notice, then any such attempt to solicit such home shall result in a revocation of the solicitor's license and identification card.
The licensee shall not permit any other person to have possession of the license permit and identification cards. The licensee shall immediately notify the Police Department in writing upon learning the loss of the license or identification cards. The licensee shall not permit the license or the identification card to be altered or defaced.
No licensee or their representatives shall enter, or attempt to enter any dwelling, house, business, or industry without invitation or permission of the occupant and shall immediately leave any premise upon request.
The licensee and their representatives are prohibited from using the license as an endorsement by Upper Uwchlan Township for any goods or services provided by the licensee.
All vehicles used by the vendor shall have displayed a copy of the license permit in clear view as not to violate any motor vehicles laws of Pennsylvania. All vehicles used in conjunction with the vending shall have the vehicle's information listed on the permit displayed.
The licensed vendor shall not conduct business in any geographical location within the Township that is deemed to present an unsafe condition to the public.
Licensed vendors shall immediately surrender their license permit upon revocation and notification of revocation of said license.
The permit shall only be valid for one year from the date of issue.
Any person who violates or permits a violation of this chapter shall, upon being guilty of a summary conviction thereof before District Justice, pay a fine of not less than $25 and no more than $300, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense.