[HISTORY: Adopted by the Board of Supervisors of the Township of
Dickinson 9-8-1975 by Ord. No. 18. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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, or from house to house, or by visitation
to private residences, or by entering in or upon private property, within
the said Township.
Any natural person, association, partnership, firm, organization
or corporation. In this chapter, the singular shall include the plural and
the masculine shall include the feminine and the neuter.
The seeking or taking of contracts or orders for any goods, wares,
services or merchandise for future delivery, or for subscriptions or contributions
upon any of the streets or sidewalks, or from house to house, or by visitation
to private residences, or by entering in or upon private property, within
the Township of Dickinson, and shall further mean the seeking or taking of
contracts or orders for home or other building repairs; improvement and alterations;
and also orders or contracts for any mechanical, electrical, plumbing, or
heating device or equipment for house, or other building improvements or repairs,
upon places aforesaid within the said Township.
This chapter shall not apply to the following:
A.
To farmers seeking or taking orders for the immediate
sale of their own products.
B.
To persons selling or offering for immediate sale bread
and bakery products, meat and meat products, or milk and milk products.
C.
To persons selling or offering for sale goods or services
when at the time of said sale or offering for sale the person and his employer
hold a valid license from the appropriate agency of the Commonwealth of Pennsylvania
to offer the goods or services for sale to the public.
D.
Persons, corporations, partnerships and associations,
their agents or employees, who have complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act (10 P.S. § 162.1 et seq.),
as amended, governing solicitations for charitable, benevolent, patriotic
or other purposes.[1]
E.
Persons taking orders for merchandise from dealers or
merchants, for resale to an ultimate consumer.
No person shall engage in soliciting or peddling in the Township of
Dickinson without first having taken out a license as herein provided.
A.
Every person desiring to engage in soliciting or peddling
in the Township of Dickinson shall first make application to the Township
for a license. The said application shall be upon a form provided by the Township
and shall contain at least the following information verified by oath or affirmation:
(1)
Full name of the applicant and local address, if any.
(2)
Permanent address.
(3)
Name of employer or a statement that such applicant is
self-employed.
(4)
The nature of the goods, wares, services or merchandise
offered for sale and the manner in which it will be offered.
(5)
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 imposed.
(6)
The type of vehicle to be used, if any.
(7)
Three business references who have known the applicant
for three years or more.
B.
Where a person makes application for himself and one
or more other persons, all applicable personal information specified above
shall be given for each person and verified or affirmed by oath or affirmation
by the person to be licensed. An individual license shall be required for
each solicitor or peddler. No license under this chapter shall be transferable
from one person to another.
C.
No license shall be issued under this chapter until 15
days after the date for application for a license is made to the Township.
No license shall be issued under this chapter until the sum of $25 per
month or part of a month shall be paid to the Township for the use of the
Township. A separate application shall be filed and a separate license fee
shall be paid by each person who shall actually conduct the soliciting or
peddling. This provision shall apply notwithstanding an employer desiring
to secure licenses for several employees, agents or servants.
The licenses granted pursuant to this chapter shall be valid for one
year after 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 license and
pay a new license fee.
Such license when issued shall state, inter alia, the products to be
sold or services to be rendered by the licensee. Every solicitor or peddler
shall at all times, when engaged in soliciting or peddling in the Township
of Dickinson, 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 products or service not mentioned on
such license.
No person licensed as a solicitor or peddler under this chapter shall
engage in soliciting or peddling on Sunday or any other day of the week before
9:00 a.m. or after 5:00 p.m. During the time of the year when Eastern standard
time is effective, the aforesaid hours shall be Eastern standard time, and
during the time of the year when daylight saving time is effective, the aforesaid
hours shall be daylight saving time.
The Township 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 Secretary of the Township 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 or that the licensee was convicted of disorderly
conduct under any law of the Commonwealth of Pennsylvania or any ordinance
of any subdivision thereof.
No person licensed as a 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 he use any loud speaker, bell, whistle or other device
for announcing his presence by which the public is annoyed.
No person shall engage in peddling or soliciting at, or remain on the
premises of, any residence after having been asked by the occupant thereof
to leave said premises or residence.
It shall be unlawful for any person to engage in peddling or soliciting
upon any premises or residence located thereon if such premises or residence
is posted against solicitation by means of a notice prominently displayed,
upon which is printed the legend “NO SOLICITORS.” A residence
shall be deemed to be posted against peddling or soliciting if there is exhibited,
on or near the main entrance to the premises or on or near the main door to
any residence located thereon, a sign at least three inches by four inches
in size, which bears the above legend in letters at least 1/3 inch in height.
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 less than $50
nor 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.
