[HISTORY: Adopted by the Board of Supervisors of the Township
of Schuylkill 5-4-1966. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who shall engage in peddling, as herein defined.
Engaging in selling, purchasing, hiring, soliciting the sale,
purchase or hire, or taking orders for the sale or purchase of any
goods, wares, merchandise, services or printed matter of any kind
or description, or engaging in soliciting contributions, gifts or
pledges of money or other things of value, upon the streets, roads,
highways or sidewalks of the Township, or from house to house, or
by visitation to houses, places of residence or dwellings within the
Township.
"Peddling" shall not include or apply to the following:
Farmers engaged only in selling the produce of their own farms;
Persons engaged in 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;
Persons engaged in the sale or solicitation for the sale of
bread and bakery products, meat and meat products, or milk and dairy
products;
Persons licensed by the Commonwealth of Pennsylvania to engage in any activity described in Subsection A hereof, including, but without limitation, real estate, insurance and security brokers and salesmen;
Persons selling at other than retail to dealers, manufacturers,
producers and wholesalers; and
Persons otherwise specifically exempted by the laws of the Commonwealth
of Pennsylvania.
An individual, copartnership, association or corporation;
the masculine shall include the feminine and the neuter; and the singular
shall include the plural.
No person shall engage in peddling in the Township of Schuylkill
unless such person shall then be possessed of a valid and unexpired
license issued in accordance with this chapter.
A.Â
Every person desiring to engage in peddling in the Township of Schuylkill
shall first make application to the Chief of Police of the Township,
upon a form provided by the Board of Supervisors for such purpose.
B.Â
Applications for licenses shall require such applicant to state over
his signature, his name, place of residence, place of business, address
where service of notice under this chapter may be made, prior criminal
record, if any, name of the person by whom employed, type or character
of the goods, wares, merchandise or services he wishes to peddle,
or the nature of the contributions he desires to solicit, the length
of time for which he wishes to be licensed, types of vehicles to be
used in peddling, if any, and the number of helpers, assistants, employees,
associates or salesmen who shall be engaged in peddling with him.
C.Â
An application shall be made by each such helper, assistant, associate,
employee or salesman, upon a like form, and a separate license shall
be required for each.
D.Â
No license issued pursuant to this chapter shall be transferable
or assignable.
[Amended 10-5-1988[1]]
Each application for a license shall be accompanied by a license
fee in an amount established, from time to time, by resolution of
the Board of Supervisors, and the license so issued shall be valid
for a period of 30 days from the date of issuance.
Upon making application for, and paying the foregoing fee, a
license shall be issued to every peddler, which license shall contain
the information required to be given upon the application therefor,
and every peddler shall at all times when engaged in peddling in the
Township, carry such license upon his person, and exhibit the same
upon request to all police officers, and to all persons with whom
he shall carry on the licensed activity; and such licensee shall not
permit any other person to have possession of such license, shall
immediately report its loss to the Police Department of the Township,
and shall not alter or deface such license; and each licensee shall
surrender such license upon revocation as hereinafter provided.
No person licensed as a peddler under this chapter shall:
A.Â
Engage in the peddling of any goods, wares, merchandise, services
or contributions not specifically authorized by such license;
B.Â
Engage in peddling on Sunday or on any other day of the week before
9:00 a.m. or after 9:00 p.m., prevailing time, or 30 minutes after
sundown, whichever is earlier;
[Amended 9-8-2021 by Ord. No. 2021-04]
C.Â
Hawk or cry his wares upon any of the streets, highways or sidewalks
of the Township, nor use any loudspeaker, horn, bell or other device
for announcing his presence, by which the public is annoyed;
D.Â
Park any vehicle upon any of the streets, highways, or sidewalks
of the Township in order to sort, rearrange or clean any of his goods,
wares or merchandise, nor deposit any refuse upon any of the streets,
highways or sidewalks of the Township, nor set up, maintain or keep
a street or curbstone market by parking any vehicles upon any street,
highway or sidewalk of the Township, for longer than necessary in
order to sell therefrom to persons residing in the immediate vicinity
thereof, and in no event for any period longer than one day;
E.Â
Occupy any fixed location upon any of the streets, highways, or sidewalks
of the Township, or any private driveways or parking lots within the
Township, for the purpose of peddling, with or without any stand,
counter, or vehicle; or
[Amended 10-5-1988]
F.Â
Enter, or attempt to enter any house, residence or dwelling without
the invitation or permission of the occupant thereof; and such peddler
shall immediately leave any premises while engaged in peddling, upon
request.
G.Â
Knock,
ring the doorbell or otherwise attempt to gain the attention of the
occupants of a residence or business where the property is posted
at the primary entrance to the premises or the entry to the principal
building on the premises with a sign bearing the words "no peddlers,"
"no solicitors," "no soliciting," or similar words or is listed on
the Township's Do Not Solicit Registry.
[Added 9-8-2021 by Ord. No. 2021-04]
Any license issued pursuant to this chapter may be revoked by
the Chief of Police of the Township upon the violation by such licensee
of any of the provisions of this chapter, or upon ascertainment that
such licensee has made any false statement in the application for
license; and the notice of revocation shall be given by notice in
writing, served personally or by certified mail, to the address designated
for service in the application.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, before any Magisterial District Judge,
be sentenced to pay a fine or penalty not exceeding $600, and the
costs of prosecution, and in default of the payment thereof, to imprisonment
in the County Jail for not more than five days.
