[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitemarsh 3-10-1988 by Ord. No. 555.[1] amended in its entirety 8-13-2009 by Ord. No. 880. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 66.
Peace and good order — See Ch. 83.
Zoning — See Ch. 116.
[1]
Editor's Note: This ordinance also repealed
former Ch. 85, Peddling and Soliciting, adopted 5-17-1956 by Ord.
No. 96, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any identification card, document for minors or temporary/transient
business license issued pursuant to this chapter.
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.
The document required under the provisions of this chapter
for persons engaged in solicitation or 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."
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:
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;
The seeking of contributions of money, property or any other
items;
Any activity that directly leads to an act of solicitation as
defined in this section.
A business conducted from:
No designated location or site in the Township, but not including
those provided for and defined under "peddling" or "soliciting";
A motel room or other similar location normally rented on a
daily or weekly basis; or
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.
The document required under the provisions of this chapter
for persons engaged in a temporary or transient business.
The Township of Whitemarsh, County of Montgomery, Commonwealth
of Pennsylvania.
A.
No person shall, either in a public or private place or by entering
in or upon private property within the boundaries of the Township,
without having first registered and obtained an identification document
for minors or temporary/transient business license from the Chief
of Police or his or her designee:
B.
This section shall not apply to:
(1)
Farmers selling their own products on their own property;
(2)
Any manufacturer or producer selling or distributing meat and meat
products or milk and dairy products;
(3)
Any person regularly engaged in the distribution of fresh produce;
(4)
Any person regularly engaged in laundry or dry-cleaning services
or distribution of daily or weekly newspapers;
(5)
Commercial travelers or sales agents selling to dealers or retailers
in the usual course of business; and
(6)
Persons authorized to solicit funds on behalf of volunteer fire companies,
volunteer rescue squads and community youth organizations located
in the Township or adjacent municipalities.
C.
Children.
(1)
Children under 18 years of age who are employed or engaged by any individual, partnership, firm or corporation for the purpose of soliciting funds for any purpose or soliciting orders or vending, peddling or hawking any articles shall not be required to obtain an individual identification document. Said children shall, however, comply with and satisfy the provisions of § 85-12B and C of this chapter.
(2)
Any individual, partnership, firm or corporation employing or engaging
children under 18 years of age shall be responsible for and liable
for the actions of such children when engaged in soliciting, vending
or hawking.
D.
All persons engaging in any solicitation, vending, peddling, hawking or temporary or transient business shall comply with the provisions of this chapter, set forth in § 85-3, regarding conduct, whether or not such persons are required to register with the Township or to obtain an identification document or license.
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
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,[1] 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.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
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.
A.
Every person who seeks to register for the purpose of engaging in
a temporary or transient business 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 license:
(1)
Full name of the registrant and local address, if any, and telephone
number;
(2)
Permanent address of the registrant;
(3)
Location of the business and current zoning requirements;
(4)
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;
(5)
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;
(6)
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;
(7)
For an individual registrant, the name of the individual's employer,
if any;
(8)
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 Subsection A(1) through (6), above:
(a)
The name and telephone number of the minor;
(b)
The permanent address of the minor;
(c)
The date of birth of the minor;
(d)
The name, address and telephone number of the parent(s) or legal
guardian of the minor; and
(e)
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.
(9)
Any other information as the Chief of Police, or his or her designee,
may reasonably deem necessary for the proper police protection of
the Township.
B.
Every person who seeks to register for the purpose of engaging in
a temporary or transient business which utilizes an outdoor display
of any goods, wares or merchandise offered for sale by said business
shall submit the following information, verified by oath or affirmation,
along with a copy of the person's application for a temporary
or transient business license, to the Whitemarsh Township Zoning Officer:
(1)
A description of the goods, wares or merchandise to be displayed,
including the type of such articles and approximate number;
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.
A.
Upon approval of the application as set forth in § 85-7 of this chapter, the Chief of Police, or his or designee, shall issue the following documents, where applicable, containing the information specified herein:
(3)
Document for minors. If the individual, firm, partnership, corporation
or association is engaging in the soliciting, peddling or temporary
or transient business for profit and also employs minors under the
age of 18, the Chief of Police, or his or her designee, shall issue,
in addition to the identification document or temporary or transient
business license, a document setting forth the names, addresses and
dates of birth of each such minor who may engage in soliciting orders,
peddling or engaging in the temporary or transient business.
B.
Identification documents shall be issued as follows:
(1)
If the registrant is an individual, one identification document shall
be issued.
(2)
If the registrant is a partnership, firm or corporation, one identification
document shall be issued to each employee identified by the registrant
who shall require such documentation for the proper performance of
his or duty.
A.
The issuance of any identification card, document for minors or temporary/transient
business license is expressly conditioned on the compliance with all
provisions of this chapter.
B.
Any identification card, document for minors or temporary/transient business license may be suspended at any time by the Chief of Police or his or her designee, should it develop or be shown that the person to whom the document was issued has violated any of the conditions set forth in § 85-3 of this chapter. The first violation shall result in suspension for a period of 30 days; the second violation shall result in suspension for a period of 60 days; and subsequent violation shall result in revocation of said document.
C.
Any document issued under this chapter may be revoked at any time by the Chief of Police, or his or her designee, should it develop or be shown that the registrant furnished false information in his application or should the registrant be arrested or convicted for a crime involving moral turpitude after the issuance of the document. The document may also be revoked if the registrant is arrested or convicted for disorderly practices while pursuing the activities for which the document was issued and required. Revocation may also occur as provided in Subsection B of this section. Any document revoked because of the arrest pursuant to this section shall be immediately reissued following acquittal or dismissal of the charges upon which the arrest was made.
D.
At the time of the suspension or revocation of any document issued
pursuant to this chapter, written notice shall be given to the holder
of said document as to the cause of the suspension or revocation.
Any person whose document is suspended or revoked may request a prompt
hearing before the Board of Supervisors or its designee. In any such
hearing the Township shall have the burden of proving the cause of
the suspension or revocation.
A.
All issued identification cards, documents for minors or temporary/transient
business licenses shall be valid for a period of 90 days, but the
registrant may make application for a new document to be issued at
any time after the expiration date of an identification card, document
for minors or temporary/transient business license he has previously
held; provided, however, that no more than three temporary/transient
business licenses shall be issued to the same individual, association,
corporation or other entity in any one calendar year.
B.
No individual, firm, partnership or corporation whose document has
been revoked shall be eligible for renewal of the document and no
individual whose document has been suspended shall be eligible for
renewal during the term of the suspension.
A.
No person shall solicit funds or take orders for or vend, peddle,
hawk or offer for sale any goods, wares or merchandise within the
limits of the Township without having in his possession the identification
card or document for minors hereinbefore mentioned.
B.
Any minor for whom a document for minors is required under § 85-8A(3) of this chapter shall not solicit orders for, or vend, peddle, hawk or offer for sale, any goods, wares or merchandise within the limits of the Township without having in his possession a copy of the document for minors hereinbefore mentioned.
C.
All other minors for whom a document for minors is not required under § 85-3C of this chapter and for whom an identification card is not required under § 85-2C of this chapter shall not solicit orders for, or vend, peddle, hawk or offer for sale, any goods, wares or merchandise within the limits of the Township without having in their possession a copy of the identification card issued to the individual, partnership, firm or corporation by whom the minor was engaged or employed.
D.
No person shall engage in any temporary/transient business within
the limits of the Township without having it his possession the temporary/transient
business license hereinbefore mentioned.
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.
