[HISTORY: Adopted by the Board of Supervisors of Upper Merion
Township 9-18-2014 by Ord. No. 2014-825.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A173.
[1]
Editor's Note: This ordinance also repealed former Ch.
119, Peddling, Soliciting and Hawking, adopted 4-19-1976 by Ord. No.
76-357, as amended.
A.
Purposes. The purposes of this chapter are to help protect the Township
residents against criminal activity, including but not limited to
fraud and burglary, and to minimize the unwelcome disturbance of residents
and the disruptions of privacy, and to preserve the public health,
safety and welfare by regulating and controlling solicitors and peddlers.
B.
Compliance required. On or after the effective date of this chapter,
it shall be unlawful for any person to solicit orders for or to peddle
or to hawk or otherwise sell or offer for sale any food, goods or
merchandise of any kind or description from house to house or at any
residence or upon any of the streets or public places or places open
to the public within Upper Merion Township except when the same is
done in compliance with this chapter.
A.
HAWKER
PEDDLE
PEDDLER
PEDDLING
SOLICITING
SOLICITOR
TOWNSHIP
As used in this chapter, the following terms shall have the meanings
indicated:
Any person soliciting orders for or selling food, goods or
merchandise from residence to residence or upon any streets or public
places or places open to the public within Upper Merion Township who
does not come within the terms of the definitions below of a "solicitor"
or "peddler"; provided, however, that such "hawker" does not remain
at a stationary location for the purpose of selling food, goods or
merchandise.
To operate from a temporary stand, display or similar facility
or to travel from house to house, door to door, street to street,
or from place to place, carrying, conveying, or transporting goods,
wares, merchandise or services for the purpose of offering or exposing
the same for sale.
A person who carries his wares, as described in the definition
of "solicitor," with him either on his person or in a vehicle and
peddles for himself or another person or business.
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 residence or by entering in or upon
private property.
The seeking or taking of contracts or orders for all 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, 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 contract for any mechanical, electrical,
plumbing or heating device, or equipment for house or other building
improvements or repairs, upon any of the streets or sidewalks or from
house to house or by visitation to private residence or by entering
in or upon private property.
A person, business, or entity who shall engage in soliciting
as defined above.
The Township of Upper Merion.
B.
In the application or construction of this chapter, the masculine
shall include the feminine, and the singular shall include the plural.
C.
The following persons shall not be deemed to be included within the
above definitions:
(2)
Members of nonprofit organizations located in Upper Merion Township,
such as the Boy Scouts and Girl Scouts, who take orders for the sale
of cookies or other merchandise for the benefit of such organizations.
(3)
Persons selling tickets for admission to places of amusement for
the benefit of charitable or otherwise nonprofit organizations which
are located in Upper Merion Township.
(4)
Residents under the age of 18 years when engaged in the business
of being a solicitor under the direct supervision of any school or
recognized charitable organization or religious organization.
(5)
Farmers engaged in selling only the produce of their own farms from
a truck or other vehicle.
(6)
Political candidates or their campaign workers.
(7)
Members of a religious group who are advancing a religious cause.
(8)
Any person exempt from the licensing requirement by virtue of Pennsylvania
State or federal law.
No solicitor, peddler or hawker, whether licensed pursuant to
this chapter or not, shall actively solicit on private property, against
the wish or desire of the property owner of such property, or group
of properties without the written permission of the private property
owner or the homeowners', association, apartment owner, management
or their agents upon which the solicitation, peddling or hawking is
made. When the owner is not the occupant of the premises, the written
invitation of the occupant shall be required. The written permission
must be carried by the solicitor, peddler or hawker and produced upon
request for review.
All solicitors, peddlers and hawkers desiring to engage in their
trade in Upper Merion Township shall, prior to such engagement, also
comply with the following requirements:
A.
Register with the Police Department and obtain an identification
card from the Township Manager.
(1)
Such registration shall be made by the submission and execution of
a written application on a form furnished by the Township.
(2)
The applicant shall state his name; his address; the name and address
of his employer or principal, if any; his age; the general nature
of the food, goods or merchandise for which he desires to solicit
orders, to sell, to peddle or to hawk; and the description and license
number of the vehicle, if any, which he will use in connection with
his business. The applicant shall be fingerprinted and shall state
whether he has ever been convicted of a felony or any crime involving
fraud or any moral turpitude. Any applicant who has ever been convicted
of any crime as aforesaid shall not be entitled to register, receive
an identification card or engage in the solicitation, peddling or
hawking of food, goods or merchandise in the Township.
(3)
The applicant must provide a certified copy of a Pennsylvania State
Police Criminal History check conducted within five days of the submitted
application.
(4)
The identification card shall remain the property of the Township
and shall not be altered or disfigured in any way and shall be kept
available and presented by the applicant to any person desiring to
see the same.
(5)
Upon expiration of the term of the identification card, the holder
shall return the same to the Upper Merion Township Police Department
and shall obtain a new identification card and register as aforesaid
prior to again commencing his activities in the Township.
(6)
The identification card shall be valid for a period of three months
from date of issue and shall not be transferable.
(7)
The identification card must be displayed on the outermost garment
of the holder while he or she is engaged in solicitation, peddling
or hawking activities.
(8)
No holder of an identification card shall permit another person to
have possession of his or her identification card, and if the card
is lost or stolen the person to whom it was issued must report the
loss to the Upper Merion Township Police Department immediately.
(9)
The identification card must be returned immediately upon notification
of suspension or revocation by the Upper Merion Township Police Department.
B.
If such person shall also be required to obtain a license from any
other governmental agency, he shall, on registering as aforesaid,
exhibit a valid license from such governmental agency.
Peddlers, solicitors, and hawkers, as defined in this chapter, shall, in addition to the above requirements, pay, prior to receiving their identification cards, a license fee as provided for in Chapter A173, Fees.
A.
It shall be unlawful for any peddler, solicitor, or hawker to:
(1)
Ring the bell or knock on the door or otherwise attempt to gain attention
of the occupant for the purpose of soliciting at a residence, dwelling
or apartment at which an Upper Merion Township sign bearing the words
"No Solicitors" is affixed or otherwise exposed to public view, provided
that this subsection shall not apply to any solicitor who gains admittance
to such residence at the invitation or with the consent of the occupant
thereof.
(2)
Solicit at hours other than the following: 9:00 a.m. to 8:00 p.m.
local time of any day.
(3)
Engage in soliciting upon any premises (including parking lots),
business or dwelling house, apartment or other residence after having
been asked by the owner or occupant thereof to leave the premises,
business or residence.
(4)
Make more than one solicitation call at the same residential premises
for identical goods, services or contributions within any consecutive
fourteen-day period without receiving a prior invitation thereof from
the occupants of the premises. This provision shall be construed to
include solicitation upon the same premises by employees, agents or
other persons acting on behalf of the same person more than once during
the aforesaid period without a prior invitation as herein provided.
(5)
Fail to provide, at the request of the purchaser, a written receipt
for purchases exceeding $5 in cash or tangible property, which receipt
shall be signed by the person making the sale and shall set forth
a brief description of the goods or services sold, the total purchase
price thereof, amount of cash payment, if any, and the balance due
and terms of payment.
(6)
Fail, at the outset, to disclose to the prospective buyer, his name
and the name of the company, product and organization he represents.
(7)
Make any assertion, representation or statement which misrepresents
the purpose of the call or use any plan, scheme or ruse which misrepresents
such purpose.
(8)
Make any false pretense or false representation, and particularly,
it shall be unlawful for such holder to represent his identification
card to be an endorsement by Upper Merion Township of himself, his
goods or services or of the goods or services of his employer.
(9)
Conduct business in such a way as would restrict or interfere with
the ingress or egress of the abutting property owner or tenant, increase
traffic congestion or delay or constitute a hazard to traffic, life
or property, or an obstruction of adequate access to fire, police
or other emergency vehicles.
(10)
Advertise or offer (to include but not be limited to) any item,
service or benefit by the hanging of any flyer or handbill to any
door, residence or business, if asked to discontinue by the owner/occupant
or if a No Solicitors sign is posted on the property, regardless of
whether a doorbell is rung or any physical or verbal contact is made.
(11)
Cut across or walk upon any lawn, front yard or courtyard, except
upon sidewalks or walkways if such walkways are provided or upon a
regularly established path where no sidewalk or walkway has been provided
to the house or other building.
(12)
Attempt to contact the resident by any other means other than
ringing the doorbell or knocking on the door. The act of yelling into
windows or doors, knocking on windows or doors, or waving and looking
into windows and doors is prohibited.
B.
It shall be unlawful for any person to:
(1)
Peddle or solicit or hawk, if the person so doing has been convicted
of a felony, misdemeanor or ordinance violation involving force, violence,
moral turpitude, deceit, fraud, or the violation of any law regulating
the act of soliciting as defined in this chapter within the past 10
years.
(2)
Peddle, solicit or hawk or attempt to do so at a place of residence
at any entrance other than the main, customary entrance of the residence.
(3)
No person acting under this chapter shall open any door or window
of a building without receiving the permission of the occupant to
do so.
(4)
No person acting under this chapter shall place any part of his or
her body or equipment in such a manner as to prevent the occupant
from closing the door.
C.
It shall be unlawful for any person to leave behind any trash, litter
or garbage after he or she has completed their peddling, soliciting
or hawking activities.
A.
The identification card may be revoked by the Township Manager or
Chief of Police, or their designee, should the holder of the same
commit any offense punishable by fine or imprisonment or violate the
terms of this chapter.
B.
The identification cards for an entire vendor group may be revoked
by the Township Manager or the Chief of Police, or their designee,
if the vendor's customary practice is deemed to be of an aggressive
nature or if there are repeated violations of aggressive behavior
by one or more of the vendor's employees.
Any person violating any of the provisions of this chapter shall,
upon conviction of the summary offense, be subject to a fine of not
more than $300 for each offense or shall be imprisoned for a period
not to exceed 90 days, or both.
