As used in this chapter, the following terms shall have the
meanings indicated:
CHIEF OF POLICE
The Chief of Police of the Township of Whitemarsh or such
other person designated by the Board of Supervisors to administer
the provisions of this chapter.
DOCUMENT
Any identification card, document for minors or temporary/transient
business license issued pursuant to this chapter.
DOCUMENT FOR MINORS
The document required under the provisions of this chapter
for minors under 18 years of age who engage in solicitation, peddling
or a temporary/transient business.
IDENTIFICATION CARD
The document required under the provisions of this chapter
for persons engaged in solicitation or peddling.
PEDDLING
The activity of any person who, traveling by foot, wagon,
automobile, motor truck or any other type of conveyance, from place
to place, from house to house or from street to street, carries, conveys
or transports goods, wares, services or merchandise for the purpose
of selling or offering for sale such goods, wares, services or merchandise
and providing immediate delivery thereof. The word "peddling" shall
include the words "hawking" and "vending."
SOLICITING
The activity of any person who, traveling by foot, wagon,
automobile, motor truck or any other type of conveyance, from place
to place, from house to house or from street to street, seeks, takes
or attempts to take contracts or orders for any goods, wares, services,
merchandise or subscriptions for future delivery, whether or not such
individual has, carries or exposes for sale a sample of the subject
of such sale or whether or not he is collecting advance payment on
such sales. The term "soliciting" shall also include the following:
A.
The seeking or taking of contracts or orders for home or other
building repairs, improvements and alterations and also orders or
contracts for any mechanical, electrical, plumbing or heating device
or equipment for the home;
B.
The seeking of contributions of money, property or any other
items;
C.
Any activity that directly leads to an act of solicitation as
defined in this section.
TEMPORARY OR TRANSIENT BUSINESS
A business conducted from:
A.
No designated location or site in the Township, but not including
those provided for and defined under "peddling" or "soliciting";
B.
A motel room or other similar location normally rented on a
daily or weekly basis; or
C.
A store or similar location where the business operator has
no written lease or the term of the basic agreement is for a period
of three months or less.
TOWNSHIP
The Township of Whitemarsh, County of Montgomery, Commonwealth
of Pennsylvania.
All persons engaging in any solicitation, peddling, vending,
hawking or temporary or transient business shall:
A. Immediately vacate the premises upon request by the owner, tenant
or person in charge thereof; and
B. Engage in such activity in a manner so as not to interfere, obstruct
or impede the convenience of the public or pedestrian or vehicular
traffic; and
C. At all times conduct such activity reasonably and with a view toward
the safety of the community; and
D. At all times conduct such activity in compliance with the provisions of the Whitemarsh Township Zoning Ordinance (Chapter
116).
Any person who seeks to register for the purpose of soliciting
funds in the Township (hereafter the "registrant"), except those persons
registered with the Department of State pursuant to the Solicitation
of Funds for Charitable Purposes Act, shall produce proper identification, with a photograph
(unless the registrant is under the age of 16) and shall provide the
following information, verified by oath or affirmation, to the Chief
of Police, or his or her designee, at the time of making application
for the required identification document:
A. The full name of the registrant and a local address, if any, as well
as a telephone number;
B. The permanent address of the registrant;
C. For an individual registrant, a statement as to whether or not the
registrant has ever been convicted of any crime and if so, when, where,
the nature of the offense and punishment or penalty imposed in connection
therewith;
D. For a partnership, firm or corporation, a statement meeting the requirement of §
85-4C for each person to whom an identification document is to be issued;
E. For a charitable organization, a statement meeting the requirement of §
85-4C for each person, not a resident of the Township, to whom an identification document is to be issued;
F. A statement sufficient to demonstrate the purpose for which the funds
are being solicited;
G. A recent photograph in a size specified by the Chief of Police for
each person required to be licensed or registered under this chapter.
Every person who seeks to register for the purpose of taking
orders, vending, peddling or hawking of any articles shall produce
proper identification, with a photograph (unless the registrant is
under the age of 16), and shall furnish the following information,
verified by oath or affirmation to the Chief of Police, or his or
her designee at the time of making application for the required identification
document or document for minors:
A. Full name of the registrant and local address, if any, and telephone
number;
B. Permanent address of the registrant;
C. For an individual registrant, a statement as to whether or not the
registrant has ever been convicted of any crime and if so, when, where,
the nature of the offense and punishment or penalty imposed in connection
therewith;
D. For a partnership, firm or corporation, a statement meeting the requirement of §
85-4C for each person to whom an identification document is to be issued;
E. If different from that of registrant, the name and address of the
firm or corporation for or on whose behalf the orders are solicited,
or the supplier of the goods involved;
F. For an individual registrant, the name of the individual's employer,
if any;
G. For any individual, firm, partnership or corporation engaging in this activity for profit who employs a minor under the age of 18, the following information shall be provided in addition to the information required by Subsections
A through
F, above:
(1) The name and telephone number of the minor;
(2) The permanent address of the minor;
(3) The date of birth of the minor;
(4) The name, address and telephone number of the parent(s) or legal
guardian of the minor; and
(5) Evidence that the employer and minor have complied with the applicable
sections of the Act of May 13, 1915, P.L. 286, § 1 et seq.,
43 P.S. § 41 et seq., as amended.
H. The nature of the goods, wares or merchandise offered for sale;
I. A recent photograph, in a size specified by the Chief of Police,
for all persons required to be licensed or registered under this chapter;
and
J. Any other information as the Chief of Police may reasonably deem
necessary for the proper police protection of the Township.
Upon satisfactorily furnishing the information required pursuant to §§
85-4,
85-5 and
85-6 of this chapter, the registrant shall be registered by the Chief of Police or his or designee; however, such registration shall not become effective for a period of 48 hours, during which period the information provided in the registrant's application shall be verified. Upon the expiration of the forty-eight-hour verification period, provided the registrant is found to have met all legal requirements, an identification document, document for minors or temporary or transient business license shall be issued to the registrant as provided in §
85-8 of this chapter.
Persons engaging in soliciting or peddling hereunder shall not
engage in said activity before the hour of 9:00 a.m., nor after dusk
on Monday through Saturday; nor before the hour of 12:00 noon nor
after dusk on Sunday.
This Chapter shall not amend or repeal any existing ordinance
or resolution now in effect in the Township relating to any permits
or licenses now being issued by any other Township officer, but this
chapter is in addition thereto.
All fines and penalties recovered under this chapter shall be
paid to the Township Finance Director for the general use of the Township.
Any person, firm, partnership or corporation who shall violate
any provisions of this chapter, 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 chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.