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Township of Lower Frederick, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 7-3-1961 by Ord. No. 61-2. Amendments noted where applicable.]
[Amended 10-11-1967 by Ord. No. 67-3]
A. 
It shall be unlawful for any person, firm or corporation, or for any agent or representative thereof, as a solicitor, huckster peddler, hawker or itinerant merchant to go in and upon private residences in the Township of Lower Frederick, 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 unless and until such person, firm, corporation, or agent or representative thereof shall have registered with and obtained a permit from the Police Department of the Township of Lower Frederick as herein provided for.
B. 
Provided, however, that the provisions of this section shall not apply:
(1) 
To farmers selling or offering to sell milk, dairy products, vegetables, meats, poultry, eggs, and other farm and garden produce produced on their own farms.
(2) 
To 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.
(3) 
To any manufacturer, producer, or agent or representative thereof, selling or offering for sale bread and bakery products, milk and dairy products, meat and meat products, or ice or fuel.
(4) 
To any merchant, grocer or dealer, or his agent or representative delivering goods purchased at their stores or places of business.
(5) 
To any person delivering laundry, cleaning, newspapers and other publications, or any other commodity which the owners or owner, occupants or occupant of a private residence has requested to be delivered.
[Amended 10-11-1967 by Ord. No. 67-3]
A. 
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 the public highways, streets, lanes, or alleys of the Township of Lower Frederick, or from any truck, automobile, cart, wagon, or other type of vehicle, unless and until such persons, firm, corporation, or agent or representatives thereof shall have registered with and obtained a permit from the Police Department of the Township of Lower Frederick as herein provided for.
B. 
Provided, however, that the provisions of this section shall not apply:
(1) 
To farmers selling or offering to sell milk, dairy products, vegetables, meats, poultry, eggs, and other farm and garden produce produced on their own farms.
(2) 
To the sale or solicitation or 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.
[Amended 10-11-1967 by Ord. No. 67-3]
Application for a permit, as provided in §§ 107-1 and 107-2 of this chapter, shall be made to the Chief of Police of the Township of Lower Frederick upon forms to be provided by the Township. Such application shall be filed with the Chief of Police prior to the commencement of any of the activities for which a permit is required as provided in §§ 107-1 and 107-2 of this chapter. The application shall be accompanied by a check in an amount as set from time to time by resolution of the Board of Supervisors to cover the cost of processing the same. The application herein required shall contain the following information, or, in lieu thereof, a detailed statement of the reason or reasons why such information cannot be furnished:[1]
A. 
The name and address the person, firm or corporation applying for the permit.
B. 
A list of the names and addresses of all agents or representatives who will be assigned to perform any of the functions or activities enumerated in §§ 107-1 and 107-2 of this chapter in the Township of Lower Frederick.
C. 
A description of the kind or character of the goods or merchandise to be sold, and the name and address of the manufacturer or producer of such goods or merchandise, if the said manufacturer or producer is not the party filing the application.
D. 
A brief outline of the methods to be used in selling or offering to sell, or soliciting orders for the sale of such goods or merchandise.
E. 
A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement of the Township of Lower Frederick or any department or office thereof; provided, however, no fee shall be required with an application for the sale or solicitation of orders for the sale of food stuffs, produce, goods, wares, merchandise or anything of value donated in whole or in part by the owners thereof, the proceeds whereof are to be applied to any religious, charitable or philanthropic purpose.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Upon the filing of an application, as herein provided for, the Chief of Police of the Township of Lower Frederick shall forthwith issue a permit to the applicant. Said Chief of Police shall also issue certified copies of such permit to all agents or representatives listed on the application who personally appear at the headquarters of the Police Department of the Township of Lower Frederick and endorse the application of their principal or employer. Such permit, and copies thereof, shall remain in force and effect for a period of six months after the issuance thereof, and shall be renewed upon the expiration of this period, upon the filing of a new application as provided for in § 107-3 of this chapter
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 §§ 107-1 and 107-2 of this chapter, such change or changes shall be reported to the Chief of Police, 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 § 107-4 of this chapter.
Permits herein required shall bear the name and address of the person, firm or corporation which will sell, offer for sale, or solicit orders for goods, wares, or merchandise in the Township of Lower Frederick; the expiration date of such permit; and shall state that the permit does not constitute an endorsement by the Township, or any of its departments or officers, of any of the goods, wares, or merchandise sold, offered for sale, or for which orders are solicited.
Any person, firm or corporation to whom a permit or copy thereof has been issued under the terms of this chapter shall, upon demand, present such permit to any person to whom said person, firm or corporation sells, offers to sell, or solicits orders for any of its goods, wares or merchandise, and to any police officer of the Township of Lower Frederick.
Any person, firm or corporation violating any of the provisions of § 107-1 or 107-2 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 $10 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).