[HISTORY: Adopted by the Board of Supervisors of the Township of
Independence as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-3-2006 by Ord. No. 1-2006[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 146, Peddling
and Soliciting, adopted 3-8-1989 by Ord. No. 1-89, as amended.
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
Any natural person, partnership, association, corporation or other
legal entity.
Engaging in peddling, soliciting or taking orders, either by sample
or otherwise, for any goods, wares or merchandise upon any street, alley,
sidewalk or public ground, or from house to house, within the Township of
Independence.
Selling, soliciting or taking orders for any goods, wares or merchandise,
from a fixed location within the Township of Independence, on a temporary
basis, which shall include, but not be limited to, such activities conducted
at the time of special occasions or celebrations, for seasonal purposes or
for yearly holidays.
B.
The singular shall include the plural; the plural shall
include the singular; and the masculine shall include the feminine and the
neuter.
No person shall engage in any transient retail business within the Township
of Independence without first having obtained from the Township Secretary
a license, for which a fee, which shall be for the use of the Township of
Independence, shall be charged, said fee to be in such amount established
from time to time by resolution of the Township of Independence.
A.
No license fee shall be charged:
(1)
To farmers selling their own produce.
(2)
For 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.
(3)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products or milk and milk products.
(4)
To children under the age of 18 years who take orders
for and deliver newspapers, greeting cards, candy, bakery products and the
like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
(5)
For the seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(6)
To a person who has complied with the provisions of the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq., as hereafter amended, supplemented, modified or reenacted by the
General Assembly of Pennsylvania.
(7)
For taking orders for merchandise, by sample, from dealers
or merchants for individuals or companies who pay a license or business privilege
tax at their chief place of business.
B.
All persons exempted hereby from the payment of the license
fee shall be required to register with the Township of Independence and obtain
a license without fee, provided that any person dealing in one or more of
the above-mentioned exempted categories and dealing with other goods, wares
or merchandise not so exempted shall be subject to the payment of the license
fee fixed by this section for his activities in connection with the sale of
goods, wares and merchandise not in such exempted categories; and provided,
further, that the Township Secretary may similarly exempt from payment of
the license fee, but not from registering with him, persons working without
compensation and selling goods, wares or merchandise for the sole benefit
of a nonprofit corporation; and provided, further, that every license issued
under the provisions of this article shall be issued on an individual basis
to any person or persons engaging in such business. Every individual shall
obtain a separate license, issued to him in his name, and the license fee
hereby imposed shall be applicable to every such individual license, except
that a representative of a charitable organization may obtain licenses for
the applicants.
Every person desiring a license under this article shall first make
application to the Township Secretary for such license. He shall, when making
such application, exhibit a valid license from any state or county officer,
if such license is also required. The applicant shall state:
Upon receipt of such application and the prescribed fee, the Township
Secretary, if she shall find such application in order, shall issue the license
required under this article. Such license shall contain the information required
to be given on the application therefor. Every license holder shall carry
such license upon his person, if engaged in transient retail business from
house to house or upon any of the streets, alleys, sidewalks or public grounds,
or shall display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license, upon
request, to all police officers, municipal officials and citizens or residents
of the Township of Independence.
No person in any transient retail business shall:
A.
Sell any product or type of produce not mentioned in
his license.
B.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the Township of Independence.
C.
When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the Township of Independence for longer
than necessary in order to sell therefrom to persons residing or working in
the immediate vicinity.
D.
Park a vehicle upon any of the streets or alleys in the
Township of Independence for the purpose of sorting, rearranging or cleaning
any of his goods, wares or merchandise or of disposing of any carton, wrapping
material, or stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise.
E.
Engage in any business activity, except by prior appointment,
at any time on a Sunday or legal holiday or at any time before 8:00 a.m. or
after 9:00 p.m. on any day of the week other than a Sunday or legal holiday.
The Township Secretary shall supervise the activities of all persons
holding licenses under this article. She shall keep a record of all licenses
issued hereunder and shall make a report thereof each month to the Township
of Independence.
The Township Secretary is hereby authorized to deny, suspend or revoke
any license issued under this article when she deems such denial, suspension
or revocation to be beneficial to the public health, safety, or morals, or
for violation of any provision of this article, or for giving false information
upon any application for a license hereunder. Appeals from any suspension,
revocation or denial of a license may be made to the Township of Independence
at any time within 10 days after such suspension, revocation or denial, and
a hearing shall be held within 30 days of the petition for appeal. No part
of a license fee shall be refunded to any person whose license shall have
been suspended or revoked.
Any person, firm or corporation who shall violate any provision of this
article, upon conviction thereof in an action brought before a District Justice
in the manner provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this article continues or each section of this article which shall be found
to have been violated shall constitute a separate offense.
[Adopted 1-3-2006 by Ord. No. 2-2006]
As used in this article, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any person, firm, group, partnership, corporation or association
whose avowed purpose and object is to benefit, assist, aid and further the
following causes:
Philanthropy;
Assistance to persons who are poor, impoverished, destitute, underprivileged,
needy, diseased, injured, crippled, disabled, handicapped or in need of physical
or mental rehabilitation;
Churches, religious societies or other religious sects, groups or orders
espousing spiritual and altruistic motives or conduct;
The teaching of patriotism, or promoting relief and assistance to this
nation's war veterans;
Beneficial education of the mind or assistance to educational institutions;
or
The protection, shelter and sustenance of animals.
Seeking money donations, pledges thereof, or anything of value to
benefit, assist, aid and further the cause of a charitable organization, either
orally or by literature distribution.
Books, pamphlets, handbills, tracts, cards, circulars,
pictures, films, magazines, or any other written or printed material.
It shall be unlawful for any charitable organization to solicit funds, as defined in § 146-10 above, within the limits of the Township of Independence, without first applying for and obtaining a permit therefor and wearing at all times an identification card as provided herein.
A.
A sworn application, in writing, for a permit under this
article must be filed in duplicate with the Township Secretary, at least three
days in advance of the first day sought for solicitation, on a form to be
furnished by the Township, and shall state:
(1)
The full name and address (legal and local) of the person
or organization sponsoring, conducting or promoting the fund drive;
(2)
Whether or not the applicant is a branch or division
of a national organization and, if so, the name thereof and the mailing and
street address of same;
(3)
The purpose or object of the charitable solicitation;
(4)
The dates of the solicitation;
(5)
The number of persons to participate in the solicitation
and the true legal name and address of each, and the sex, height, and the
color of hair and eyes of each;
(6)
A statement as to whether any person who will participate
in the solicitation has ever been convicted of engaging in a fraudulent transaction
or enterprise, a felony or other criminal offense involving moral turpitude.
B.
No fee shall be required for the filing of the application.
The application shall be registered in a book called the "Registry Book."
The application shall be granted and the permit issued within 48 hours after
the application has been filed unless, upon investigation by the Township
Secretary, one or more of the following facts are found to exist:
A.
That one or more of the statements in the application
are not true;
B.
That the applicant or any agent or representative of
the applicant who will participate under the permit has been convicted of
engaging in a fraudulent transaction or enterprise, a felony or other criminal
offense involving moral turpitude, in which cases the permit shall be denied
to the applicant or to the agent or representative so convicted;
C.
That the applicant or any agent or representative of
the applicant who will participate under the permit has previously violated
any of the terms and provisions of this article or any prior permit issued
thereunder.
Any permit granted hereunder may be canceled after issuance if any of
the reasons for prior refusal should be discovered or become apparent during
the solicitation period.
It shall be unlawful for a charitable organization to distribute literature or any other article within the limits of the Township of Independence, whether or not solicitation for money or anything of monetary value is involved, without first applying for and obtaining a permit in accordance with §§ 146-12 through 146-14 set forth above for charitable solicitation.
Within 10 days after notice of the action has been mailed and hand delivered,
the applicant shall notify the Township Secretary, in writing, of his intent
to contest said action. Within 30 days after receipt of said notice to contest,
the Board of Supervisors shall hold a hearing on the appeal petition and render
a decision or may institute a proceeding for temporary, preliminary and permanent
injunction to restrain the denied solicitation or distribution in a court
of competent jurisdiction, which action shall be governed by the applicable
rules of procedure and the time limits thereunder.
Upon issuance of a permit, the Township Secretary shall note her approval
in the Registry Book and shall, at that point, issue, to the applicant or
any agent or representative of the applicant who will participate under the
permit, an identification card, which card shall state the applicant's
name, address, sex, height, color of hair and eyes and full name of the charitable
organization which he or she represents.
When permits for charitable solicitation or charitable literature distribution
or a combination of the two are granted, the following rules and standards
shall apply:
A.
Location. Such permits shall be restricted to public
areas of the Township and shall not be construed as permission by any private
property owner to conduct said activity on private premises.
B.
Time. Permit holders shall be restricted to the hours
of 8:00 a.m. to 9:00 p.m.
C.
Manner of operation.
(1)
Each person included in a permit shall wear the identification
card issued by the Township of Independence on the upper clothing and in a
manner clearly visible to the public. It shall not be transferred to another
person and must be returned to the Township Secretary at the expiration of
the permit.
(2)
No person included in a permit shall initiate any physical
contact with prospective donors unless said donor has either consented to
such contact or agreed to make a contribution.
(3)
Permittees are at all times subject to all laws, statutes,
and ordinances, federal, state or local, regarding fraud, assault, battery,
theft, littering and any other law relating to the conduct of persons in public
places.
A permit shall expire after 30 days from the date of issuance. A permit
may be renewed for successive thirty-day intervals if written request for
the same is received by the Township Secretary within the period of 10 days
prior to the expiration date and the request for renewal contains a statement
that the request is predicated on the same information as contained in the
original application.
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine of not
more than $600 and, in default of payment, to imprisonment for a term not
to exceed 30 days.
