[HISTORY: Adopted by the Board of Supervisors
of the Township of Kilbuck 9-17-2002 by Ord. No. OO-02-4. Amendments noted
where applicable.]
From and after the enactment of this chapter
it shall be unlawful for any person who is not the holder of a valid
and unexpired license issued pursuant to this chapter, or otherwise
exempt from this chapter, to sell, purchase, or solicit the sale or
purchase of food, printed matter, building and construction services,
and all other services, goods, wares, or merchandise of any kind or
description, or to solicit contributions, gifts or pledges of money
or any other thing of value, by visiting the private homes or residences
or on the public streets or highways of Kilbuck Township.
A.
Any person desiring to obtain a license to engage in the activities described in § 149-1 shall make application in person to the Police Chief of the Township, or to his or her designated employee, at the Township police office during the hours set for this purpose by the Police Chief.
B.
The applicant shall supply, on a written form provided
by the Township, the following information over the applicant's signature,
subject to the penalties of 18 Pa.C.S.A. § 4904 relating
to unsworn falsification to authorities:
(1)
The applicant's name.
(2)
The applicant's place and date of birth.
(3)
The applicant's temporary address.
(4)
The applicant's residence address.
(5)
The address at which the applicant will receive notices
under this chapter.
(6)
The name and address of the applicant's employer or
principal, if any, and the nature of the business activity thereof.
(7)
The nature of the business or activity in which the
applicant wishes to engage within the Township, being as specific
as possible.
(8)
A statement as to whether the applicant has been convicted
in any jurisdiction of any crime other than of minor traffic violations
and, if so, of what crime or crimes and what punishment was imposed.
(9)
If a motor vehicle is to be used by the applicant
to enter, leave or travel upon the streets of the Township, the make,
model, color and registration number of the motor vehicle.
(10)
The applicant shall submit to the Chief of Police
a written description of the applicant and the applicant's photograph,
approximately two inches by two inches in size showing the head and
shoulders of the applicant in a clear and distinguishing manner.
(11)
The applicant shall submit a legible photocopy
of his or her state vehicle operator's license or other state photo
identification.
C.
The applicant shall pay a fee to the Township in an
amount as set from time to time by resolution of the Board of Supervisors.
D.
The Police Chief shall cause a record of the application
to be kept on file and made available as needed to enforce the provisions
of this chapter.
E.
After submission of the completed application, the fee and the supporting evidence set forth above, the Police Chief shall cause to be made an investigation into the accuracy and completeness of the information provided in the application and the character and business responsibility of the applicant. If the information provided is correct and if the applicant's character and business responsibility are satisfactory, the Chief shall grant the application and issue the license in writing over his or her signature. If the information provided is not accurate or if the Chief finds that the applicant's character or business responsibility is unsatisfactory, the Chief shall deny the application in writing over his or her signature, stating all of the reasons therefor, and shall notify the applicant at the address set forth in the application. An issued license shall entitle the licensee to engage in the activities described in § 149-1 for the period for which the appropriate fee has been paid from the date of issuance. A denied application shall entitle the applicant to appeal as set forth below.
F.
Licensees may renew their licenses periodically by
paying the fee set out in this section and by updating their applications
to reflect any changes in the information they provided.
Every person to whom a license has been issued
shall, in the carrying on of the licensed business activities in the
Township, comply with the following rules of conduct:
A.
The licensee shall carry the license card at all times
and exhibit it upon request to any police officer or any person upon
whom he or she shall call, or with whom he or she shall talk in carrying
on the licensed activities.
B.
The licensee shall not permit any other person to
have possession of the license card and shall immediately report its
loss or theft to the Township Secretary or the police. The licensee
shall not cause or permit the license card to be altered or defaced.
The license is personal to the applicant and may not be transferred,
given or assigned to any other person.
C.
The licensee 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. The licensee
shall not engage in any conduct licensed under this chapter upon any
premises displaying a sign prohibiting such activity.
D.
The licensee shall not represent the license card
to be an endorsement of the licensee or of his or her goods or services
or of the goods or services of the principal or employer.
E.
The licensee shall immediately surrender the license
card upon revocation of the license as hereinafter provided.
F.
Licensees are permitted to operate Monday through
Saturday between the hours of 9:00 a.m. and 9:00 p.m. local prevailing
time. There shall be no soliciting under this chapter at any time
on Sundays or on any holiday on which the Allegheny County courts
are closed.
G.
No licensee hereunder shall have the exclusive right
to any location in the public streets or sidewalks, nor shall any
licensee hereunder be entitled to a stationary location thereon.
H.
Residents may erect "No Solicitors" or similar signs not to exceed
120 square inches in size, which for the purpose of this chapter shall
be conspicuously displayed near their entrance walk or doorway.
[Added 8-28-2012 by Ord. No. O-12-05]
I.
No licensee shall solicit at any private residences or business premises
exhibiting a sign reading "No Solicitors" or words of the same or
similar meaning.
[Added 8-28-2012 by Ord. No. O-12-05]
J.
The Chief of Police shall maintain a list of addresses of residents
who have stated in writing or by telephone call to the Police Department
that they do not wish to be solicited at any time. A copy of this
"No Soliciting List" shall be supplied along with and as part of any
license issued under this chapter.
[Added 8-28-2012 by Ord. No. O-12-05]
K.
No licensee shall solicit at any private residences that are included
on the No Soliciting List.
[Added 8-28-2012 by Ord. No. O-12-05]
A.
Any license hereafter issued may be revoked by the
Township after notice and a hearing for any of the following reasons:
(1)
Upon failure of the licensee to comply with the standards of conduct established by § 149-3 hereof;
(2)
For fraud, material misrepresentation or false statement
in the application for license hereunder;
(3)
For any violation of this chapter;
(4)
For conviction of any crime or misdemeanor involving
moral turpitude;
(5)
Conducting business in an unlawful manner or in such
a manner as to constitute a breach of the peace or to constitute a
menace to the health, safety or welfare of the public.
B.
Notice of a hearing shall be given in writing setting
forth the grounds for revocation. Notice shall be personally served
or sent by registered mail to the address designated for this purpose
in the application for license. Notice shall be given at least seven
days prior to the hearing. Any person subject to a license revocation
hearing shall be entitled to appear, with or without counsel, and
offer documentary and witness evidence.
Any person aggrieved by the action of the Chief
of Police in denying a license may appeal to the Township Secretary
by written application setting forth the grounds for the appeal and
filed within 14 days after notice of the action complained of has
been mailed to the address set forth in the application. Application
for appeal shall be accompanied by an appeal fee as set from time
to time by resolution of the Board of Supervisors. The Township Secretary
shall set a time and place for the hearing and notice of the hearing
shall be given to the applicant by writing mailed to the address set
forth on the application.
The following persons shall not be charged a fee for the license described in § 149-2:
A.
Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempted from the provisions of, or duly
registered pursuant to, the Act of December 19, 1990, P.L. 1200, 10
P.S. § 162.1 et seq. (the Solicitation of Funds for Charitable
Purposes Act), as amended; who, while soliciting, are possessed of
a card or other evidence of their appointment or authority to solicit
for said organization or corporation.
The following persons shall not be required to obtain a license described in § 149-2, but shall be required to conform their conduct to the provisions of § 149-3 when engaged in activities set forth in § 149-1:
A.
All persons who are 18 years of age or under who are
otherwise engaged in activity regulated by this chapter on behalf
of:
(1)
All persons, organizations or nonprofit corporations
granted tax-exempt status under Section 501(c)(3) of the Internal
Revenue Code of 1986 [Public Law 99-154, 26 U.S. Code 501(c)(3)];
and
(2)
All persons, organizations or nonprofit corporations
exempt from the registration requirements of the Act of December 19,
1990, P.L. 1200, 10 P.S. § 162.6 (the Solicitation of Funds
for Charitable Purposes Act), provided that the conditions of § 162.6
are met.
Kilbuck Township hereby declares its intention
that this chapter shall apply only to commercial conduct and speech
and the solicitation of money or other things of value. This chapter
is specifically not intended to, and shall not be interpreted to:
A.
Limit or affect constitutionally protected pamphleteering,
political or religious speech or conduct.
B.
Apply to persons selling wholesale to dealers in such
goods.
C.
Apply to merchants or their employees delivering goods
or services in the regular course of business.
D.
Apply to any manufacturer or producer in the sale
of bread and bread products, meat and meat products and milk and dairy
products.
E.
Prohibit any sale required by statute or order of
court.
F.
Prevent any licensed auctioneer from conducting a
bona fide auction sale subject to the Auctioneer's Law.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $300 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 30 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.
