[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitpain 2-10-1958 by Ord. No. 19. Amendments noted where
applicable.]
GENERAL REFERENCES
Chapters subject to fee schedule — See Ch. A166.
[Amended 8-6-1962 by Ord. No. 19-1; 5-19-1986 by Ord. No.
165]
It shall be unlawful for any person, firm or
corporation, or for any agent or representative thereof not exempted
as hereafter set forth, who is not the holder of a valid license issued
pursuant to this chapter, as a solicitor, huckster, peddler, hawker
or itinerant merchant, to go in and upon private residences in the
Township of Whitpain, not having been requested to do so by the owner
or owners, occupant or occupants of said private residences, for the
purpose of selling, offering to sell or soliciting orders for the
sale of foodstuffs, produce, goods, wares, merchandise or anything
of value, or to solicit contributions, gifts or pledges of money or
any other thing of value for other than a religious, charitable or
philanthropic organization so chartered and recognized by law and
the Act of May 13, 1925, P.L. 644,[1] or to hawk, peddle or sell ice cream or water ice on the
streets of said township unless and until such person, firm, corporation
or agent or representative thereof shall have registered with and
obtained a permit from the Township Manager of Whitpain Township as
herein provided for; provided, however, that the provisions of this
section shall not apply to:
A.
Farmers selling or offering to sell milk, dairy products,
vegetables, meats, poultry, eggs and other farm and garden produce
produced on their own farms.
B.
The sale or solicitation of orders for the sale of
foodstuffs, produce, goods, wares, merchandise or anything of value
donated by the owners thereof, the proceeds whereof are to be applied
to any religious, charitable or philanthropic purpose, in which case
the solicitor must have in his possession written evidence of appointment
by the executive officers of such organization of appointment or authority
to solicit for said organization or corporation.
C.
Any manufacturer, producers or agent or representative
thereof selling or offering for sale bread and bakery products, meat
and meat products, ice or fuel or milk and dairy products, except
ice cream and water ice.
D.
Any merchant, grocer or dealer or his agent or representative
delivering goods purchased at his store or place of business.
E.
Any person delivering laundry, cleaning, newspapers
and other publications or any other commodity which the owner or owners,
occupant or occupants of a private residence has requested to be delivered.
F.
Persons who have been licensed by any Act of Legislature
or any county official under the laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See now 10 P.S. § 162.1
et seq.
[Amended 5-19-1986 by Ord. No. 165]
It shall also be unlawful for any person, firm
or corporation, or for any agent or representative thereof, to sell
or offer to sell, or solicit orders for the sale of foodstuffs, produce,
plants, flowers, trees, goods, wares, merchandise or anything of value
from any fixed or permanent stand, booth or location on or near the
public highways, streets, lanes, alleys of the Township of Whitpain,
unless and until such persons, firm, corporation, or agent or representatives
thereof shall have registered with and obtained a permit from the
Township Manager of Whitpain Township as herein provided for; provided,
however, that the provisions of this section shall not apply to:
A.
Farmers selling or offering to sell milk, dairy products,
vegetables, meats, poultry, eggs and other farm and garden produce
produced on their own farms.
[Amended 5-19-1986 by Ord. No. 165]
A.
Application for a permit, as provided by §§ 110-1 and 110-2, shall be made to the Township Manager of Whitpain Township upon forms to be provided by the township. Such application shall be filed with the Township Manager prior to the commencement of any of the activities for which a permit is required as provided in § § 110-1 and 110-2. The application herein required shall contain the following information:
(1)
Full name of the applicant and local address, if any.
(2)
Place and date of birth.
(3)
Permanent address of applicant.
(4)
The address at which applicant will receive notices
under this chapter.
(5)
The name and address of his or her employer or principal,
if any, and the nature of the business activity thereof.
(6)
The nature of the business or activity in which the
applicant wishes to engage within the Township of Whitpain.
(7)
A statement as to whether the applicant has been convicted
in any jurisdiction of any crime, and, if so, where, when, the nature
of the offense and the punishment and penalty imposed therefor.
(8)
All applicants shall provide a Pennsylvania State Police background
check at the time of application. Where an applicant desires to secure
permits for his employees, agents or representatives, a Pennsylvania
State Police background check shall be provided for each such person
who shall actually conduct the peddling/soliciting activities. No
background check shall be older than 10 days prior to the date the
application is filed.
[Added 9-18-2012 by Ord. No. 19-3]
B.
The applicant shall, together with the application,
submit to the Township Manager of Whitpain Township two three-by-two-inch
copies of his or her photograph and a written description of himself
or herself as to hair, eyes, color, weight, height and identifying
scars.
C.
Placement of materials.
[Added 9-18-2012 by Ord. No. 19-3]
(1)
No
advertising materials shall be placed by any person, whether licensed
under this chapter or not, upon any parked motor vehicle within the
Township in the interest of preventing the accumulation of litter
upon private and public properties within the Township.
(2)
No
advertising materials shall be thrown, dropped, placed, posted, deposited
or caused to be thrown, dropped, placed or deposited upon any of the
streets, sidewalks, parks, playgrounds, parking lots, driveways or
other private and public properties within the Township except with
the permission of the property owner.
[Amended 3-8-1971 by Ord. No. 19-2; 5-19-1986 by Ord. No.
165; 11-7-2018 by Ord. No. 370]
In addition to providing the aforesaid information, the applicant shall pay for each permit such amount as is provided for in a schedule of fees as adopted and revised from time to time by resolution of the Board of Supervisors and on file in the office of the Township Manager, such amount to be made payable to the Township of Whitpain for the use of the said township. Upon submission of said application and supporting evidence of identification and the payment of the fee aforesaid to the Township Manager of said township and the approval thereof by said Township Manager, there shall be issued to the aforesaid applicant a license in the form supplied by the township, with one of the said pictures attached and the seal of the township impressed thereon for authenticity, which shall, until revoked, entitle the licensee to engage in the activities described in §§ 110-1 and 110-2 hereof from 9:00 a.m. to 9:00 p.m. daily for a period of six months from the date of the issuance of said license, after which the license shall become null and void. Said Township Manager shall also issue certified copies of such permit to all agents or representatives listed on the application of their principal or employer.
[Amended 5-19-1986 by Ord. No. 165]
In the event that there are any material or substantial changes in the nature or character of the goods, wares or merchandise to be sold, offered for sale or for which orders are to be solicited or in the selling or soliciting methods to be used, or in the event that an agent or representative not listed on the application is to be assigned to perform any of the functions or activities enumerated in §§ 110-1 and 110-2, such change or changes shall be reported to the Township Manager, who shall amend the application in accordance with such changes, and after such amendment any agent or representative whose name has been added to the list may procure a copy of the permit issued to his employer or principal by complying with the conditions set forth in § 110-4.
Every person to whom a license has been issued
hereunder shall, in the carrying on of his or her activity in the
Township of Whitpain, comply with the following rules of conduct:
A.
He or she shall carry his or her license card at all
times and exhibit it upon request to any peace officer or person upon
whom he or she shall call or with whom he or she shall talk in carrying
on his or her licensed activity.
B.
He or she shall not permit any other person to have
possession of the said license and shall immediately report its loss
to the Township Manager of Whitpain Township.
[Amended 5-19-1986 by Ord. No. 165]
C.
He or she shall not cause or permit the said license
to be altered or defaced.
D.
He or she shall not enter or attempt to enter any
dwelling house without invitation or permission of the occupant and
shall immediately leave any premises upon request.
E.
He or she shall not represent the aforesaid license
to be an endorsement of the licensee or of the goods or services of
his or her principal or employer.
F.
He or she shall immediately surrender the license
upon revocation of the license as hereinafter provided.
G.
Hawkers, peddlers or sellers of ice cream or water
ice shall in no wise disturb the peace or quiet of any street in Whitpain
Township by the use of a bell, buzzer, horn or other noisemaking device
for the purpose of announcing their presence or to attract attention.
[Added 8-6-1962 by Ord. No. 19-1]
H.
It shall be unlawful for any person to ring the bell or knock on
the door or otherwise attempt to gain attention of the occupant for
the purpose of soliciting at a residence, dwelling, or apartment which
is on the Township's No Solicitation List or at which a sign bearing
the words "No Solicitors" is affixed or otherwise exposed to public
view, provided that this subsection shall not apply to any solicitor
who gains admittance to such residence at the invitation or with the
consent of the occupant thereof.
[Added 11-7-2018 by Ord.
No. 370]
[Amended 5-19-1986 by Ord. No. 165]
Any license hereafter issued may be revoked by the Township Manager of Whitpain Township upon the failure of the licensee to comply with the standards of conduct established in § 110-6 hereof or upon ascertainment that the licensee has made any false statements in his or her application for license hereunder or upon such licensee's being arrested and convicted of any crime involving moral turpitude.
Notice of revocation shall be given by written
notice personally served or sent by registered mail to the address
designated for this purpose in the application for license.
Any person whose license has been revoked shall
be entitled to appear, with counsel if he or she so desires, before
the Board of Supervisors of Whitpain Township at a regular or special
meeting and be heard in behalf of a request for reinstatement of the
said license.
[Amended 12-3-1973 by Ord. No. 92; 5-19-1986 by Ord. No.
165; 1-2-1989 by Ord. No. 184]
Any person violating any of the provisions of
this chapter shall be guilty of a summary offense and, when convicted
before a District Justice, shall be sentenced to pay a fine of not
more than $600 and costs of prosecution or, in default of payment
thereof, shall undergo imprisonment in the county jail for a period
not exceeding 30 days.
[Added 11-7-2018 by Ord.
No. 370]
A.
Any owner
or lawful occupant of any residence within the Township who wishes
to prohibit door-to-door peddling or solicitation at his or her residence
may be placed on a No Solicitation List by registering his or her
address with the Township by completing a form prepared by the Whitpain
Township Police Department, which form may be submitted to the Police
Department either in person or by mail or by e-mail.
B.
The Whitpain
Township Police Department will post those residences which have registered
for the No Solicitation List on the Police Department's page on the
Township website.
C.
Neither
the Township nor any of its officers, employees, agents or authorized
volunteers shall be liable to any person for any injuries, damages
or liabilities of any kind arising from or relating to any errors
or omissions that may occur in compiling or maintaining the No Solicitation
List.
