[HISTORY: Adopted by the Board of Supervisors of the Township of Washington 10-8-1970 by Ord. No. 1970-3. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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 for future delivery or from house to house or by visitation to private residences or by entering in or upon private property within said Township.
- The seeking or taking of contracts or orders for any 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 within the Township of Washington, Berks County; 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 contracts for any mechanical, electrical, plumbing or heating device or equipment for a house or other building improvements or repairs upon or from the places aforesaid within said Township.
The words "soliciting" or "peddling" shall not apply to:
Farmers seeking or taking orders for the sale of their own products.
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk or milk products or local district newspapers.
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
Any honorably discharged soldier, sailor or marine of the military service who complies with the Act of Assembly of the Commonwealth of Pennsylvania of April 8, 1867, P.L. 50, as amended, and who procures from the Prothonotary of the proper county a certificate in pursuance of the said Act of Assembly.
Editor's Note: 60 Pa.C.S.A. §§ 61 and 62 were repealed 11-24-1992 by P.L. 717, No. 108, § 3.
Persons, corporations, partnerships and associations, or their agents or employees, who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1935, P.L. 644, as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.
Editor's Note: Former §§ 161.1 to 161.19 were repealed 12-19-1990 by P.L. 1200, No. 202, § 23. See now 10 P.S. § 162.1 et seq.
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
The word "solicitor," as used in this chapter, shall mean any person who shall engage in soliciting as hereinabove defined.
The word "peddler," as used in this chapter, shall mean any person who shall engage in peddling as hereinbefore defined.
The word "person," as used in this chapter, shall mean any natural person, association, partnership, firm, organization or corporation.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township of Washington without first having taken out a license as herein provided.
Every person desiring to engage in soliciting or peddling in the Township of Washington shall first make application to the Secretary of the Board of Supervisors for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license.
Said application shall be upon a blank provided by the Township Secretary and shall contain at least the following information verified by oath or affirmation:
The name of the applicant and his local address, if any.
His permanent address.
The name of his employer or a statement that such applicant is self-employed.
The nature of the goods, wares, services or merchandise offered for sale.
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 thereon.
The type of vehicle to be used, if any.
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper and verified or affirmed by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
No license shall be issued under this chapter until a sum as provided in Chapter A137, Fees, shall be paid to the Township Secretary, and said sum shall be for the use of the Township. At the time each application is made, a separate application shall be filed and a separate permit fee shall be paid by each person who shall actually conduct the soliciting or peddling and shall apply where an employer desires to secure licenses for his employees, agents or servants.
[Amended 4-11-1991 by Ord. No. 1991-3]
Applications shall not be approved by the Secretary immediately upon presentation unless the identity of the applicant is definitely known by the Secretary by personal knowledge or by previous applications of the same person for the same company, employer, etc.
In all other instances, the Secretary shall investigate the application as to references and any possible information available as to the product and/or services petitioned by the application. The applicant shall allow at least two weeks for this. The Secretary shall be satisfied of the information so obtained or shall refer the same to a member of the Board of Supervisors or to a stated meeting.
It is distinctly provided that the foregoing steps are for the protection of the residents of the Township, but the grant of a permit in no way is a guaranty of the service or product, and the Supervisors, their agents and employees are in no way responsible for the quality of service or products sold in the Township.
The license granted pursuant to this chapter shall be valid for one year after the date of such license, and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee.
Such license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every solicitor or peddler shall at all times when engaged in soliciting or peddling in the Township of Washington carry such license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.
No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 8:00 p.m. During the time of the year when Eastern standard time, and during the time of the year when daylight saving time is effective, the aforesaid hours shall be daylight saving time.
No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.
The Secretary shall keep a record of all licenses issued under this chapter and the Chief of Police shall apply daily for a list of licenses issued hereunder since the previous day. The Chief of Police shall supervise the activities of all holders of such licenses.
Any license issued under this chapter may be suspended or revoked at any time by the Secretary of the Township of Washington upon proof being furnished to him that the application contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license or that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township of Washington.
No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
[Amended 6-9-1988 by Ord. No. 1988-3; 4-11-1991 by Ord. No. 1991-3; 7-11-1996 by Ord. No. 1996-4; 6-12-1997 by Ord. No. 1997-3]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine not exceeding $1,000 and, in default of payment thereof, to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense. Enforcement shall be by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure.