[HISTORY: Adopted by the Board of Supervisors of the Township of
Dallas at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 55.
The solicitation for sales of goods and services and actual sales of
the same door to door and in or on streets, sidewalks, parks and other public
areas of the Township creates varied and sundry risks to the health, safety
and welfare of the community. Specifically, local criminal history evidences
a greater risk of fraud, deception, coercion and unfair trade practices in
uninvited door-to-door solicited sales by sometimes itinerant merchants. Additionally,
such activities risk invasion of the customer's privacy within the customer's
residence. Solicitation and sales in or on public places create the added
risks of injury, delay, property damage and nuisance in traffic, parking,
foot travel and emergency services. Such solicitation and sales, however,
serve legitimate business purposes and needs of both suppliers and consumers
and are constitutionally protected against vague, overly broad and content-based,
unequal restriction. For these reasons, this chapter is enacted in order to
protect the health, safety and welfare of the community, through the exercise
of municipal police power, to meet those legitimate government objectives,
utilizing content-neutral restrictions, offering equal protection to those
affected, through measures designed to be the least restrictive means available
to meet those objectives.
For the purpose of this chapter, the following words used herein shall
be considered to have the meanings set forth in this section:
A person who travels about selling to consumers goods, wares, merchandise,
foodstuffs or services, in his possession, for immediate delivery. It shall
not include delivery of orders pursuant to contracts previously executed,
nor solicitations or sales made in conjunction with the principal activity
of disseminating religious, political or philosophical beliefs protected by
the First Amendment of the Constitution.
Any natural person, association, partnership, firm, organization
or corporation.
Any of the streets, sidewalks, curbs, parks and any other lands dedicated
to the use of or owned by this Township, the Commonwealth of Pennsylvania
or the federal government and over which this Township has any police jurisdiction
or authority.
Any person who has obtained a valid certificate of registration as
provided in this chapter, which certificate is in the possession of the solicitor
or peddler while engaged in soliciting or peddling.
Every separate living unit occupied for residential purposes by one
or more persons, contained within any type of building or structure.
Any one or more of the following activities, when initiated by the
caller, without advance invitation by the person contacted:
Seeking to obtain orders for the purpose of selling goods, wares, merchandise,
foodstuffs, services of any kind, character or description whatever, for any
kind of consideration whatever, for immediate or future delivery;
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or publication;
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers
and every other type or kind of publication; or
Seeking to obtain gifts or contributions of money, clothing or any other
valuable thing for the support or benefit of any charitable or nonprofit association,
organization, corporation or project, not otherwise exempted by the provisions
of this chapter, unless the principal purpose of the contact and communication
is for the purpose of disseminating religious, political or philosophical
beliefs protected by the First Amendment of the Constitution.
Every person desiring to engage in soliciting or peddling at residences or on public places within the Township, unless exempted by the provisions of § 60-4, is hereby required to make written application for a certificate of registration as provided in this chapter. Such certificate shall be carried by the solicitor or peddler at all times while engaged in soliciting or peddling within the Township of Dallas. Failure to procure a certificate of registration or engaging in soliciting or peddling without a certificate shall constitute a violation of this chapter.
The registration requirements of § 60-3 shall not be applicable to the following:
A.
Farmers seeking or taking orders for the sale of products
they produce.
B.
The seeking or taking of orders by any manufacturer or
producer for the sale of bread and bakery products, meat and meat products
or milk and milk products.
C.
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
D.
Public or charitable activities in which the Township
is a participant, the activities being conducted for the enjoyment and well-being
of the community.
E.
Charitable organizations exempted from the registration
requirements of the Solicitation of Funds for Charitable Purposes Act, 10
P.S. § 162.1 et seq.
F.
Students enrolled in a school district serving the Township,
peddling or soliciting for the benefit of their school or an organization
thereof or for any private, nonprofit social club or organization to which
they belong, such as Boy Scouts or Girl Scouts.
G.
Persons contacting and/or communicating with persons
for the principal purpose of disseminating their religious, political or philosophical
beliefs protected by the First Amendment of the Constitution, even if contributions
or sales of goods are solicited in conjunction with such principal protected
activity.
A.
Every person desiring to engage in soliciting or peddling
in the Township shall first make application to the Township for a certificate
of registration. The application shall be made upon a form provided by the
Township and shall contain at least the following information verified by
oath or affirmation:
(1)
Full name, home address and telephone number of the applicant
and local address, if any.
(2)
Name, address and telephone number of the applicant's
employer or sponsor or a statement that such applicant is self-employed.
(3)
The nature of the goods, wares, services or merchandise
offered for sale and/or the purpose of the organization and the nature of
the solicitations to be made.
(4)
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
dates and nature of the offense or offenses and the punishments imposed therefor.
(5)
The description by make, model, year, color, title number
and license plate number of the vehicle to be used, if any.
(6)
The applicant shall furnish a current photograph of himself
or herself.
(7)
A statement as to whether or not the applicant's
business or profession is licensed by the Commonwealth of Pennsylvania or
the federal government, or any of its agencies; and, if so, a copy of a current
license for the applicant shall be provided.
(8)
A statement from all applicants intending to engage in
charitable soliciting as to whether or not the applicant, his employer and/or
his sponsor is or is not licensed under the Solicitation of Funds for Charitable
Purposes Act, 10 P.S. § 162.1 et seq.; and if so licensed, a copy
of the current license for the applicant shall be provided, and, if not so
licensed, an explanation of the basis for any applicant's claimed exemption
from such registration.
(9)
Any other information required by the Township to perform
the duties described herein and contained in the registration application
form, as revised from time to time.
B.
Each person desiring to solicit or peddle shall apply
individually for certificates. Certificates under this section shall not be
transferable from one person to another.
No certificate shall be issued under this section until the fee in an
amount set from time to time by resolution of the Board of Supervisors shall
be paid to the Township. Said fee represents a reasonable estimate of the
Township's cost of, and shall be for the use of the Township in defraying
the costs and expenses of, investigation, documentation and enforcement of
this chapter. A separate application shall be filed and a separate fee shall
be paid by each person who shall actually conduct the soliciting or peddling
and shall apply where an employer desires to secure certificates for his or
her employees, agents or servants. The fee may be changed or modified from
time to time by resolution of the Board of Supervisors as necessary to approximate
costs to the Township.
The certificate granted pursuant to this section shall be valid for 30 days after the date of such certificate and, upon the expiration of any certificate, if the person holding the same shall desire to continue or renew soliciting or peddling, he or she shall be required to file a new application for a permit and pay a new fee. Such certificates may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance, of the fee for each thirty-day period provided in § 60-6.
A.
A certificate of registration shall be issued or denied
by the Township within three working days of receipt of a fully completed
application for a certificate of registration. A certificate of registration
shall be denied by the Township only for the following reasons:
(1)
The Township determines that any of the information provided
on the application is false or omitted.
(2)
The Township, upon consultation with the Chief of Police,
determines that any of the conduct or activities described in the permit application,
if enacted, would constitute a violation of the Township's ordinances
or state or federal statutes or regulations.
(3)
The Township determines that the applicant fails to hold
any license required under any other local ordinance or state or federal statutes
or regulations.
B.
A certificate of registration shall not be denied because
of the products, services, content, message, philosophy, objective or purpose
of the soliciting or peddling; the possible or anticipated public reaction
to the same; the character of persons involved in the soliciting or peddling;
or the method of soliciting or peddling, except to the extent that, if conducted
in accordance with the information disclosed on the face of the application,
it would constitute an illegal act under any of the Township's other
ordinances or state or federal statutes or regulations.
C.
Any denial of a permit shall be made in writing by the
Township, addressed to the applicant, and shall set forth the specific facts
and reasons for the denial. The same may be mailed first class and/or hand
delivered to the applicant.
E.
The applicant shall be under a continuing obligation
for the term of the certificate's validity to immediately provide written
notification to the Township of any change in the facts stated in the application.
Any certificate of registration issued may, nevertheless, be revoked
summarily, for the same reasons an application may be denied, should the Township
determine that the permit was issued in error or that the information provided
in the application is no longer true and correct or if a notification is received
from the applicant amending the application in such fashion that denial of
the certificate of registration would be justified for the reasons set forth
in this chapter.
Should a certificate of registration be denied or revoked, the applicant
may appeal the Township's decision to the governing body of the Township
by providing written notice of his or her desire to appeal, not later than
10 days after issuance of the notice of denial or revocation, to the Township's
governing body. Upon receipt of such notice of appeal, the matter will be
scheduled for hearing by the governing body of the Township within 30 days.
Such certificate, when issued, shall state, inter alia, the products
or services to be sold or rendered and/or charitable contributions to be solicited
or peddled by the applicant. Every solicitor or peddler shall at all times,
when engaged in soliciting or peddling within the Township, carry such certificate
upon his or her person and shall exhibit it, upon request, to all police officers,
municipal officials and initially upon introduction to citizens contacted.
No solicitor or peddler shall engage in selling any product or service or
seeking charitable contributions not identified on such certificate.
Persons occupying residences may enjoy protection from undesired soliciting
and peddling by posting a notice in the following fashion. Notice of a determination
by the occupant of any residence of the refusing invitation to solicitors
or peddlers to a residence shall be given by exhibiting a card, at least three
inches by four inches in size, upon or near the main entrance door to the
residence, containing the words "No Solicitors Invited" or "No Solicitors"
or "No Soliciting" or some other phrase that shall give notice to solicitors
or peddlers.
It shall be the duty of every solicitor or peddler, upon approaching or arriving at any residence, to first look for any notice posted pursuant to § 60-12 above, and examine the notice provided for in this chapter, if any is attached, and be governed by the statement contained on any notice. If such a notice is posted, then the solicitor or peddler shall immediately and peacefully depart from the residence without contacting occupants. Any solicitor or peddler who has gained entrance to any residence, whether invited or not, and whether posted with a notice or not, shall immediately and peacefully depart from the residence when requested to do so by an occupant.
It is hereby declared to be a violation of this chapter to engage in soliciting or peddling in defiance of any notice exhibited at a residence in accordance with the provisions of § 60-12 or to fail to immediately and peacefully depart from a residence when requested to do so by an occupant.
It is hereby declared to be a violation of this chapter and shall constitute
a public nuisance for any person, whether registered under this chapter or
not, to engage in soliciting or peddling and/or to go upon any premises and
ring the doorbell upon or near any door of a residence located thereon or
rap or knock upon any door to create any sound in any other manner calculated
to attract the attention of the occupant of such residence for the purpose
of securing an audience with the occupant thereof, for purposes of soliciting
or peddling prior to 9:00 a.m. or after 8:00 p.m. of any workday or at any
time on a Sunday, or on a state or national holiday. Such time shall be the
prevailing time, whether Eastern standard time or daylight saving time.
No person shall engage in soliciting or peddling in or on any public
place, whether possessing a certificate of registration or not. No person
engaged in soliciting or peddling shall permit his/her vehicle to remain standing
or parked at any one location in or on a public place for more than 30 minutes
at a time.
No person engaged in soliciting or peddling shall use any loudspeaker,
bell, whistle or other device for announcing his/her presence as a result
of which the public health, safety and welfare is placed at risk or a public
nuisance is created thereby, whether possessed of a certificate of registration
or not.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a District Justice, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the Township
may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance herewith.
