[Adopted 2-14-2005 by Ord. No. 2538]
A.
Permit required.
(1)
No person, firm or corporation shall canvass, solicit,
distribute circulars or other matter or call from house to house in
the Township of Whitehall to sell, promote the sale of or attempt
to sell goods by sample or to take or attempt to take orders for the
future delivery of goods, merchandise, ware or any property, personal
or real, of any nature whatsoever, or take or attempt to take orders
for services to be furnished or performed presently or in the future
without first having obtained a written permit therefor from the Police
Department of the Township of Whitehall.
(2)
In the case of a firm or corporation, a permit shall
be required for each individual who is to conduct such activities.
B.
Exemptions. The permit requirement shall not apply
to:
(1)
Any person, firm or corporation canvassing on behalf of a bona fide religious, charitable or political organization subject to the provisions of § 13-29 of this article.
(2)
Any person engaging in religious proselytizing, anonymous
political speech or the distribution of political or religious handbills
or circulars.
(3)
Any person, firm or corporation delivering goods or
performing services which have previously been ordered by the person
owning, leasing or occupying the property where such delivery is made
or service performed prior to the effective date of this article.
(4)
Any person, firm or corporation calling upon or soliciting
from commercial establishments located in the Township of Whitehall.
C.
Application.
(1)
The application form for a permit under this section
shall require the following information:
(a)
Name of the applicant.
(b)
Permanent home address.
(c)
Temporary address.
(d)
Name and address and telephone number of the
employer or firm represented.
(e)
Place or places of residence of the applicant
for the preceding three years.
(f)
Date on which soliciting or canvassing is to
commence and end.
(g)
Nature of goods or merchandise to be sold or
offered for sale or the nature of the services to be furnished.
(h)
Whether the applicant has been convicted of
a crime, disorderly persons offense or violation of any ordinance
relating to canvassing or soliciting and, if so, when, where and the
nature of the offense.
(i)
The names of other municipalities in Pennsylvania
where the applicant has been issued a permit to solicit in the past
two years.
(j)
Whether any motor vehicle will be used in connection
with the canvassing or soliciting and, if so, the make, year, color,
type and license plate number.
(k)
Physical description of the applicant.
(2)
The application shall be accompanied by a letter or
other written statement from the individual, firm or corporation employing
the applicant certifying that the applicant is authorized to act as
the representative of the individual, firm or corporation.
D.
Permit fee; term. Each applicant for a permit shall
pay a fee of $50 for an annual permit. In the case of a firm or corporation,
a permit shall be required for each individual who is to conduct such
activities. The permit shall expire on December 31 of each year, and
no permit fee shall be prorated for part of a year.
A.
BONA FIDE RELIGIOUS, CHARITABLE, EDUCATIONAL OR POLITICAL ORGANIZATION
CANVASS
SOLICIT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any organization that is qualified under state or federal
law as a tax exempt, nonprofit organization or any organization or
group that espouses or advocates a position or belief on any subject
of public interest or on behalf of any candidate for public office.
To call upon persons to elicit or determine opinions, feelings,
sentiments or information of any nature.
To call upon persons to seek donations or contributions to
such bona fide religious, charitable, educational or political organizations.
B.
Exemptions. The permit requirement shall not apply
to:
(1)
Candidates for political office exempt. Any candidate
for public office or person campaigning on behalf of such a candidate,
where such candidate is seeking election to an office to be voted
upon by the residents of the Township of Whitehall who are duly registered
to vote in elections in accordance with the laws of the Commonwealth
of Pennsylvania.
(2)
Political and religious canvassers. Any person engaging
in religious proselytizing, anonymous political speech or the distribution
of political or religious handbills or circulars.
C.
Application.
(1)
Any person, firm or corporation soliciting as herein
defined on behalf of a bona fide religious, charitable or political
organization, as defined in this section, shall, prior to such solicitation
file with the Whitehall Township Police Department a completed application
in the form provided.
(2)
The application for a permit under this section shall
contain the following information:
(a)
The name and address of the firm, corporation
or organization represented by the individual solicitor, when applicable.
(b)
The name, address and telephone number of the
person in charge of such organization to be contacted in case of emergency.
(c)
The name, address (both temporary and permanent),
telephone number and date of birth of all individual solicitors who
will be soliciting within the Township of Whitehall.
(d)
Whether the applicant has been convicted or
a crime, disorderly person's offense or violation of any ordinance
relating to soliciting and, if so, when, where and the nature of the
offense.
(e)
The names of other municipalities in Pennsylvania
where the applicant has been issued a permit to solicit in the past
two years.
(f)
Whether any motor vehicle will be used in connection
the soliciting and, if so, the make, year, color, type and license
plate number.
(g)
Nature or purpose of the solicitations.
D.
Permit; term. In the case of a firm or corporation,
a permit shall be required for each individual who is to conduct such
solicitation activities. There is no fee for the permit. The permit
shall expire on December 31 of each year and no permit fee shall be
prorated for part of a year.
B.
Administration.
(1)
Any person, firm or corporation seeking a permit to
canvass or solicit shall file an application with the Whitehall Township
Police Department on a form supplied by the Department.
(2)
The Whitehall Township Police Department shall accept
applications for processing only between the hours of 8:00 a.m. and
4:00 p.m., Monday through Friday. No applications shall be processed
on weekends or holidays.
C.
Issuance of permits. The Whitehall Township Police
Chief or his designee shall ordinarily act on all applications within
48 hours after submission of a complete application. Saturdays, Sundays
and holidays shall be excluded from such computation. If the Police
Chief or his designee determines the application should be denied,
then the application shall be submitted to the Township Commissioners
or their designee for a determination.
D.
Hours of soliciting and canvassing. Soliciting and
canvassing shall be allowed only between the hours of 9:00 a.m. and
9:00 p.m.
E.
Display of permit. Each permittee shall be issued
a permit which shall be carried upon the person of the permittee whenever
such permittee is engaged in canvassing or soliciting.
F.
Permit not transferable. No permit shall be transferable.
In the case of a firm or corporation, each person representing such
firm or corporation shall be issued a separate permit.
G.
Action by Chief of Police regarding revocation, denial
or suspension of permit.
(1)
In any case where, in the opinion of the Chief of
Police or his designee, a permit should be revoked or should not be
issued, the Chief shall immediately forward such matter to the Township
Commissioners or their designee for their consideration. Such transmittal
shall include the application together with supporting data and information
and the reasons which form the basis of his recommendation for revocation
or denial. The Township Commissioners or their designee may deny or
revoke a permit where they find the applicant or permittee has failed
to comply with any of the provisions of this article or has been convicted
or a crime, disorderly person's offense or ordinance violation which
relates adversely to the activity for which the permit has or would
be issued.
(2)
In cases where a permit is subject to revocation for
any reason provided for in this article, the Chief of Police or his
designee may temporarily suspend such permit, pending consideration
of the matter by the Township Commissioners or their designee.
Any falsification of information contained in
an application or failure to comply with any other provision of this
article shall result in immediate revocation of the permittee's permit.
In addition, any person, firm or corporation charged with a summary
offence for violating any of the provisions of this article shall,
upon conviction thereof, pay to the Township a fine in a sum not to
exceed $300 for any single violation of this part.
