[HISTORY: Adopted by the Board of Commissioners of the Township
of Haverford 7-11-1983 by Ord. No. 1873; amended in its entirety 6-10-2019 by Ord. No. 2866. Subsequent amendments noted where applicable.]
The purpose of this chapter, enacted in response to numerous
complaints from residents and businesses, is to: (1) preserve the
public health, safety and welfare by regulating, controlling and licensing
door-to-door commercial solicitors and peddlers, (2) minimize the
disturbance of citizens, businesses and residents, and (3) protect
against criminal activity relating to commercial solicitation, while
assuring that persons, such as candidates for elective office, charitable
solicitors, and others specifically enumerated in the chapter, are
permitted to engage in their Constitutionally protected activity without
undue restriction.
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
(1)
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(c)
SOLICITOR
TEMPORARY BASIS
TOWNSHIP
As used in this chapter, the following terms shall have the following
meanings:
Any person who shall engage in peddling as defined in this
chapter.
The selling or offering of wares, merchandise or services
for immediate delivery, which the person selling or offering for sale
carries with himself or herself, has in his or her possession or control
or offers to immediately provide to any person, homeowner, or business
in the Township on a temporary basis.
Any natural person, association, partnership, firm, corporation
or other business entity.
COMMERCIALThe seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, or for services to be performed for any person, homeowner, or business in the Township on a temporary basis.
CHARITABLEThe soliciting of membership, money and/or property from any person, homeowner, or business, or from any fixed location within the Township, by any organization:
Certified as a charitable organization under Section 501(c),
501(d) and/or 509(a) of the Internal Revenue Code or any other statute
of like nature of the Commonwealth of Pennsylvania or the United States
governing solicitation for charitable, benevolent, patriotic or any
purposes or who or which is soliciting for any civic, religious or
charitable organizations representative of any public school, student,
church, fire company, veterans' organization or similar institution;
or
Registered with the Commonwealth of Pennsylvania, Department
of State, Bureau of Charitable Organizations, under the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq.
POLITICALThe soliciting of funds or canvassing for purposes permitted under the Pennsylvania Election Code, 25 P.S. § 2601 et seq., as amended.
RELIGIOUSThe soliciting of membership, money and/or property from any person, homeowner, or business, or from any fixed location within the Township, by any bona fide duly constituted religious institutions and such separate groups or corporations that form an integral part of religious institutions, provided that:
The religious institutions, groups or corporations are tax-exempt
pursuant to the Internal Revenue Code of 1986;
No part of their net income inures to the direct benefit of
any individual; and
Their conduct is primarily supported by government grants or
contracts, funds solicited from their own memberships, congregations
or previous donors, and fees charged for services rendered.
Any person who shall engage in soliciting as defined in this
chapter.
No more than an aggregate total of 30 days during any one
calendar year (i.e., January 1 through December 31), except for Christmas
tree sales, which shall be considered a temporary basis if the sale
thereof does not exceed an aggregate total of 45 days during any calendar
year.
The Township of Haverford, Delaware County, Pennsylvania.
B.
Word usage. In this chapter, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
No person, other than those exempted by § 130-9, shall engage in soliciting or peddling in the Township:
A.
Any person desiring to engage in soliciting or peddling in the Township
shall submit a written application to the Township Police Department
on a form furnished by the Department, together with a copy of the
applicant's criminal history.
B.
The applicant shall, when making such application, exhibit a valid
license from any state or county officer, if such license is also
required, including a valid license from the Commonwealth of Pennsylvania
for the collection and distribution of sales tax on all taxable items.
C.
Every application shall include the following information:
(1)
The applicant's name, address and phone number;
(2)
The address at which the applicant shall receive any written notices
pursuant to this chapter;
(3)
The name, address and phone number of the person, corporation or
other entity by whom or by which he is employed or represents;
(4)
The applicant's criminal history report, obtained from the Commonwealth
of Pennsylvania and dated no more than 90 days before the date of
the application;
(5)
The nature of the business or activity in which the applicant wishes
to engage within the Township;
(6)
The length of time and dates of the peddling or solicitation for
which the license is to be issued; and
(7)
The make, model, and license plate of each vehicle to be used by
the applicant, if any.
D.
When a person makes application for himself and one or more helpers,
employees or partners, all applicable personal information specified
above shall be given for each helper, employee or partner, including
required proof of identity, and an individual license shall be required
for each such helper, employee or partner.
E.
Licenses issued under this chapter are not transferable from one
person to another.
Fees for permits required under this chapter shall be fixed
by resolution of the Board of Commissioners, which may be amended
from time to time.
A.
Upon receipt of such application and the prescribed fee, the Township
Police Department, or such other official as may be designated by
the Township Manager, if it finds such application in order, shall
issue the license required by this chapter within 10 days from the
completed filing of said application. The license shall contain the
information required to be provided on the application.
B.
Every such license holder shall carry the license upon his person
if engaged in peddling or solicitation from house to house or business
to business or shall display the license at every location where he
shall engage in business if doing so from a fixed location.
C.
No peddling or solicitation license shall be issued to any applicant
who has been convicted of a crime involving fraud or false statements,
burglary, robbery, acts of physical violence, or a sexual contact
offense; provided, however, that this restriction shall not apply
after the expiration of three years from the later of the date of
conviction, the date of termination of probation imposed on account
of such conviction, or the release of the applicant from incarceration
imposed on account of such conviction, nor shall this restriction
apply if the conviction has been vacated, reversed, expunged or pardoned.
Every person licensed to solicit or peddle in the Township, other than those exempted by § 130-9, shall report in person on those days on which he intends to solicit or peddle and register with the Police Department by signing a registration book, indicating his name and license number and the names and license numbers of all licensed helpers.
Every person to whom a license has been issued shall, in the
conduct of his activities, comply with the following rules of conduct:
A.
He shall carry his license at all times and exhibit it, upon request,
to any police officer or Township official or to any person on whom
he shall call or with whom he shall talk.
B.
He shall not permit any person to have possession of his license
and shall immediately report its loss to the Township Police Department.
C.
He shall not cause or permit his license to be defaced or altered
in any way.
D.
He shall not enter or attempt to enter any dwelling without the invitation
or permission of the occupants and shall immediately leave any premises
upon request of the occupant.
E.
He shall not be guilty of any false pretense or misrepresentation,
and, particularly, he shall not represent his license to be an endorsement
by the Township of himself, his goods, the services of him or his
employer nor the organization he may represent.
F.
He shall immediately surrender his license to the Chief of Police,
or his designee, upon revocation thereof.
G.
He shall not engage in selling or offering for sale, or in seeking
or taking of orders or contracts for, any goods, wares, merchandise,
article, device, subscription, contribution, service or contract not
stated in the application for which a license has been issued, nor
shall any person use any vehicle for soliciting or peddling other
than the vehicle registered upon his license.
H.
No person engaged in soliciting or peddling shall hawk or cry his
goods, wares, merchandise, offers, contracts or services upon any
of the streets or sidewalks of the Township, nor shall be use any
loudspeaker, except when the street is closed for a special event
and a license for the said soliciting or peddling has been duly issued
by the Township.
I.
No person engaged in soliciting or peddling shall park any vehicle
upon any of the streets or alleys of the Township in order to sort,
rearrange or clean any of his goods, wares or merchandise or samples,
order books, contracts, circulars, literature or advertising matter
pertaining thereto; nor may any such person place or deposit any refuse
upon any such streets or alleys or sanitary or storm sewers; nor may
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 solicit from or peddle to persons residing or
businesses located in the immediate vicinity.
J.
No person engaged in soliciting or peddling shall occupy any fixed
location upon any of the streets or alleys or sidewalks of the Township
for the purpose of soliciting or peddling with or without any stand
or counter.
K.
He shall comply with "No Soliciting" notices on any commercial or
residential property or business in the Township.
A.
Any license issued shall be revoked by the Chief of Police, or his designee, upon the failure of the licensee to comply with the rules of conduct established by § 130-7 or any other provision of this chapter or upon ascertainment that the licensee has made any false statement in his application for license hereunder.
B.
Notice of revocation shall be given by written notice, personally
served or sent by certified mail, to the address designated for this
purpose in the application for a license.
A.
Any other provisions of this chapter to the contrary notwithstanding,
the following shall be exempt from any fees or licensing and registration
required under this chapter:
(1)
Any person, corporation, partnership or association, and the agents
and employees thereof, certified as a charitable organization under
Section 501(c), 501(d) and/or 509(a) of the Internal Revenue Code
or any other statute of like nature of the Commonwealth of Pennsylvania
or the United States governing solicitation for charitable, benevolent,
patriotic or any purposes or who or which is soliciting for any civic,
religious or charitable organizations representative of any public
school, student, church, fire company, veterans' organization
or similar institution.
(2)
Any person, corporation, partnership or association, and the agents
and employees thereof, registered with the Commonwealth of Pennsylvania,
Department of State, Bureau of Charitable Organizations, under the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq.
(3)
Any person, corporation, partnership or association, and the agents
and employees thereof, soliciting funds or canvassing for purposes
permitted under the Pennsylvania Election Code, 25 P.S. § 2601
et seq., as amended.
(4)
Any candidate for political or elective office.
(5)
Any merchants or their employees or agents delivering goods or services
in the regular course of business.
(6)
Any person licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 130-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
(7)
Authorized persons, carrying satisfactory identification, engaged
in making surveys or collecting information for the federal, state,
county or Township government, or any agency thereof.
A.
Commercial soliciting and peddling shall be limited to the hours
of 9:00 a.m. to sundown in residential areas and during regular business
hours in commercial areas.
It is hereby declared to be unlawful and a public nuisance for
any person, company, corporation or organization to enter upon the
premises of a private residence or business at any time of the day
or night for the purpose of conducting any form of commercial or charitable
soliciting or peddling where the owner or occupant of the residence
or business has posted a "No Trespassing" sign or a "No Soliciting"
sign, or upon any property duly registered by the occupant/possessor
thereof on the Township "Do Not Solicit" list, which shall be provided
to the applicant with the license.
Any person, firm or corporation violating any provision of this
chapter shall, upon summary conviction before any District Justice
of the Peace, pay a fine not exceeding $600 and costs of prosecution;
and, in default of one payment of the fine and costs, the violator
may be sentenced to the county jail for a term of not more than 30
days. Each and every day in which any person, firm or corporation
shall be in violation of this chapter shall constitute a separate
offense.