[HISTORY: Adopted by the Board of Supervisors of the Township of
East Cocalico 9-4-1991 by Ord. No. 1991-05.
Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 150.
As used in this chapter, the following terms shall have the meanings
indicated:
All kinds of vocations, occupations, professions, enterprises, establishments
and all other kinds of activities and matters, together with all devices,
machines, vehicles and appurtenances used therein, which are conducted for
profit or benefit, directly or indirectly, on any premises in the Township.
Individual, natural persons, partnerships, joint ventures, societies,
associations, clubs, trustees, trusts or corporations, or any officers, agents,
employees, factors of any kind of personal representatives or any of the above,
in any capacity, acting either for himself, or for any other person, under
either personal appointment or pursuant to law.
The East Cocalico Township Police Department.
The Township of East Cocalico, County of Lancaster and Commonwealth
of Pennsylvania.
Every person desiring to engage in the business of door-to-door soliciting
or peddling in the Township shall first make application to the Police Department
for a license. The provisions of this chapter shall apply to all persons desiring
to engage in soliciting or peddling in the Township, including any helpers
or employees of any applicant. The license shall be issued or denied by the
Chief of Police or his designee.
The application shall be made upon a form provided by the Police Department
and shall contain the following information:
A.
Full name of the applicant and local address, if any.
B.
Permanent address and telephone number of the applicant.
D.
Name of the applicant's employer or a statement
that the applicant is self-employed.
E.
The nature of the goods, wares, services or merchandise
offered for sale.
F.
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
therefor.
G.
The type of vehicle to be used, if any.
H.
Upon request of the Police Department, the applicant
shall also submit to fingerprints and furnish a photograph.
No person(s) shall engage in the business of door-to-door soliciting
or peddling in the Township except between the hours of 9:00 a.m. to dusk.
The license received by any person(s) shall be valid only between the hours
of 9:00 a.m. to dusk. No person(s) shall engage in the business of door-to-door
soliciting or peddling in the Township on Sundays or legal holidays.
A.
Notwithstanding that provision of this chapter, any charitable,
religious or civic organizations desiring to sell merchandise where the proceeds
from such sales are to be applied to the charitable, religious, philanthropic
or civic purposes of the organization need not pay a fee but must obtain a
license.
B.
The provisions of this chapter shall not apply to any
insurance companies, or their agents, or insurance brokers, authorized to
transact business under the insurance laws of the Commonwealth of Pennsylvania.
C.
The provisions of this chapter shall not apply to persons
selling or delivering on a route and on a regular basis as a result of a request
from the person(s) receiving such services, nor shall it apply to persons
selling fruit or vegetables or other farm products which are owner produced.
D.
The provisions of this chapter shall not apply to 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.[1]
The license required by this chapter shall be valid only during the
calendar year in which it is issued. Thereafter any person desiring to engage
in soliciting or peddling within East Cocalico Township shall again be required
to make application for a license pursuant to the provisions of this chapter.
The fee for the license required by this chapter shall be as established
by resolution.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not less than $100 nor more than
$1,000, plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days. Each day
or portion thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this chapter that
is violated shall also constitute a separate offense.
