This chapter shall be known and may be cited as the "Mount Joy Township
Peddling and Soliciting Ordinance."
[Added 12-18-1995 by Ord. No. CXLIV]
As used in this chapter, the following terms shall have the meanings
indicated:
CHIEF OF POLICE
The Chief of the Police Department or his designee.
[Added 4-17-2006 by Ord. No. CCXV]
PEDDLER OR SOLICITOR
Any person who shall engage in peddling or soliciting, respectively,
as herein defined.
PEDDLING
A.
The selling or offering for sale of any goods, wares, merchandise or
services 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 within the township; or
B.
The seeking or taking of contracts or orders for any goods, wares, merchandise
or services for future delivery or for subscriptions or contributions upon
any streets or sidewalks within the township.
POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department or any
successor municipal or multi-municipal police department having jurisdiction
within the corporate boundaries of the Township.
[Added 4-17-2006 by Ord. No. CCXV]
SOLICITING
Going door to door within the township to distribute information
to township residents, request contributions or donations from township residents
or request that township residents take certain actions (including but not
limited to signing petitions, writing letters to the state or federal representatives
and/or engaging in forms of demonstration of support or opposition to a public
issue) or otherwise exercising free speech rights in a noncommercial and not-for-profit
fashion.
TRANSIENT MERCHANT
A person who engages or proposes to engage temporarily in merchandising
business in the township and occupies a room, building, tent, lot, stand or
other premises for the purpose of selling, trading or bartering goods, wares
or merchandise.
[Amended 12-18-1995 by Ord. No. CXLIV]
It shall be unlawful for any person to engage in peddling or soliciting
or to act as a transient merchant upon any street, alley, sidewalk or public
place or from house to house in Mount Joy Township without first obtaining
a license as provided herein, except that no license shall be required for
the following:
A. Farmers selling their own products.
B. Persons soliciting funds or selling goods, wares or merchandise
donated by the owner thereof, where the funds or proceeds of the sale are
to be applied exclusively for a charitable or philanthropic purpose.
C. Representatives and members of Boy Scouts of America,
Girl Scouts of America, Lions, Kiwanis, American Association of Retired Persons,
Disabled American Veterans, YWCA and YMCA, YWHA and YMHA, Red Cross, Salvation
Army and other national and international service organizations and associations
existing for the benefit of young, aged, handicapped or stricken persons and
soliciting or selling for the purpose of self-perpetuation and which may be
registered as charitable organizations with the state or federal government.
D. Manufacturers or producers of bread and baking products,
meat and meat products or milk or milk products, who sell their own products.
E. Insurance and real estate agents and brokers licensed
by the Commonwealth of Pennsylvania.
F. School children selling goods, wares or merchandise where
the funds or proceeds of the sale are to be applied exclusively for a function
or organization sponsored or approved by the school where such children attend.
G. Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
[Amended 12-18-1995 by Ord. No. CXLIV]
A. Every individual desiring to engage in those acts for which a license is required in §
93-3 of this chapter and not exempted thereby must obtain a license from the Police Department.
B. To obtain a license, individuals must complete a written application
which shall contain such information as is reasonably required by the Police
Department and shall permit the Police Department to photograph the individual
for the purpose of identification, if requested to do so.
C. Following the completion of such application, the Police Department
shall have 72 hours to investigate the applicant and to grant or deny the
license.
D. The Chief of Police may refuse to issue a license in cases where
investigation shall disclose a criminal record or any false or misleading
statement on the application. The appeal on refusal to issue a license shall
be made within 10 days to the Board of Supervisors of Mount Joy Township by
filing written notice of the appeal to the Secretary of the Township. The
Board of Supervisors shall thereafter hold a hearing and render a decision
on the refusal to issue a license pursuant to the provisions of the Local
Agency Law, Section 5 (2 Pa.C.S.A. § 551 et seq.).
E. The Chief of Police is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be in the interest of the public health, safety or morals or for the violation of any of the provisions of this chapter or for giving false information upon any application for a license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection
D of this section.
F. The license shall be dated and signed by the Chief of Police
and shall be valid for the period of time desired by the applicant, not to
exceed 30 days. The license shall be in the individual’s possession
while engaged in solicitation and shall be exhibited upon request to all police
officers, Township officials and residents of the Township.
G. No license issued under this chapter shall be transferable from
one person to another.
A separate application shall be filed by each person who shall actually
conduct the soliciting or peddling. This requirement shall apply where an
employer desires to secure licenses for his employees, agents or servants.
[Amended 12-18-1995 by Ord. No. CXLIV]
No person engaged in peddling or any transient retail business shall:
A. Sell any product or type of product not mentioned in
his license.
B. Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the Township.
C. When selling from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the township for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity.
D. Park any vehicle upon any of the streets or alleys in
the township for the purpose of sorting, rearranging or cleaning any of his
goods, wares or merchandise or of disposing of any carton or wrapping material
or of any stock or wares or foodstuffs which shall have become unsalable through
handling, age or otherwise.
[Amended 12-18-1995 by Ord. No. CXLIV]
No person shall engage in any transient retail business within the township without first having obtained a license as set forth herein. The license fee shall be as set by resolution of the Board of Supervisors from time to time, for each period for which the license is valid as set forth in §
93-4 herein.
[Amended 4-17-2006 by Ord. No. CCXV]
All persons desiring to canvass or solicit door to door within the Township
who are not required to obtain a license by this chapter shall register with
the Police Department. Individuals desiring to canvass or solicit within the
Township shall provide the Police Department with such information as may
be reasonably required by the Police Department and shall permit the Police
Department to photograph the individual for the purpose of identification
if requested to do so. It shall be unlawful for any individual to solicit
funds, canvass or otherwise go door to door within the Township without having
first registered with the Police Department.
Soliciting funds, canvassing, peddling or taking orders whether by sample
or otherwise for any goods, wares or merchandise from house to house in the
Township of Mount Joy shall be permitted only between the hours of 9:00 a.m.
and 9:00 p.m., Monday through Saturday.
[Amended 12-18-1995 by Ord. No. CXLIV; 4-17-2006
by Ord. No. CCXV]
For each violation of the provisions of this chapter, any person who
commits, takes part in, or assists in any such violation shall be liable,
upon conviction thereof in a summary proceeding, to pay a fine of not less
than $200 nor more than $1,000 for each offense, together with the costs of
prosecution. Each day or portion thereof in which a violation exists shall
be considered a separate violation of this chapter, and each section of this
chapter which is violated shall be considered a separate violation. In default
of payment of such fine, such person shall be liable to imprisonment for a
period not exceeding 30 days.