[Ord. 2004-07, 12/7/2004, § 1]
1.
Findings. The Plumstead Township Board of Supervisors has determined
that the safety and privacy of Township residents, particularly the
elderly, may be jeopardized by fraudulent schemes to sell goods and
services to Township residents, and that it is in the best interest
of the Township to differentiate between certain categories of peddlers
and solicitors.
2.
Purposes. It is the purpose and intent of this Part to provide the
Township with standards defining and regulating peddling and soliciting.
These standards are intended to protect the safety and privacy of
the residents of Plumstead Township by regulating the behavior of
peddlers and limiting peddler's access to residents who do not wish
to interact with them.
[Ord. 2004-07, 12/7/2004, § 1]
The following words shall have the meanings indicated when used
in this Part 1, unless the context requires otherwise:
A single or seasonal sale of used goods or refreshments on
private property done with permission of the landowner.
[Added by Ord. No. 2019-06, 5/14/2019]
Any person who shall engage in peddling or soliciting.
Engaging in the peddling, canvassing, soliciting, hawking,
vending, taking of orders, selling or offering for sale of any commercial
services, goods, wares, merchandise, printed matter or food products
by visitation to private homes or residences without the direct invitation
of the inhabitants thereof, or on the public streets or highways of
the Township.
[Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who is the owner or lawful occupant
of private property within Plumstead Township may prohibit the practice
of going in or upon the private property of such owner or occupant
by peddlers by posting upon such property a sign which reads "no peddling
or soliciting" in a location which is reasonably visible to persons
who intend to enter upon such property.
[Added by Ord. No. 2019-06, 5/14/2019[1]]
Plumstead Township shall establish and maintain a list of Township
residents who desire not to be contacted at their residences by peddlers.
The list shall be furnished to all of those granted permits under
this Part.
[Ord. 2004-07, 12/7/2004, § 1]
Any and all peddlers are prohibited from entering upon any property
that is posted with a "no peddling or soliciting" sign and may be
prosecuted for trespassing.
[Ord. 2004-07, 12/7/2004, § 1]
Every peddler shall, in the carrying on of his or her business
or activities in the Township, comply with the following rules of
conduct:
A.
The peddler shall wear or openly exhibit official identification,
such as an identity card on his or her person, at all times, and shall
exhibit it upon request of any person to whom the peddler is attempting
to peddle.
[Amended by Ord. No. 2019-06, 5/14/2019]
B.
The peddler shall not enter or attempt to enter any dwelling house
or place of business without invitation or permission of the occupant
and shall immediately leave the premises upon request.
C.
The peddler shall only engage in peddling or soliciting within the
Township on Monday through Saturday from 9:00 a.m. to 8:30 p.m. No
peddling shall be allowed on Sundays or any state or federal legal
holidays.
[Amended by Ord. No. 2019-06, 5/14/2019]
D.
The peddler shall not call out or shout to sell his or her services
or goods, nor shall the peddler use any loudspeaker or horn or other
device for announcing his or her presence by which the public is annoyed.
E.
The peddler shall not occupy any fixed location upon or along any
of the streets, alleys or sidewalks of the Township for the purpose
of peddling or soliciting, with or without any stand, counter or cart.
F.
The peddler shall not peddle in any Township park without first acquiring
a permit from the Township's Zoning Officer.
G.
The peddler shall not park any vehicle upon or along any of the streets,
alleys or sidewalks of the Township for the purpose of sorting, rearranging
or cleaning any of his or her goods, wares or merchandise or of disposing
of any carton, wrapping material or of any stock or wares or foodstuffs
that have become unsalable through handling, age or otherwise.
[Ord. 2004-07, 12/7/2004, § 1]
1.
Any person or organization desiring to engage in peddling within
Plumstead Township must first make application to the Police Department
of Plumstead Township for a license. The Police Department may require
such information as the Chief of Police deems appropriate, including
but not limited to photograph, prior criminal record, name of employer
and type of solicitation being made to the public.
[Amended by Ord. No. 2019-06, 5/14/2019]
2.
Every person intending to peddle within Plumstead Township shall
be required to file an application and obtain a license. No license
issued under this Part 1 shall be transferable from one person to
another, and there shall be a three- to five-day waiting period between
application and issuance of the license.
3.
All fees for peddling licenses shall be set by separate resolution
of the Plumstead Township Board of Supervisors.
4.
All licenses issued by the Police Department of Plumstead Township
shall be exhibited in clear view by the person soliciting at all times,
and they shall not be altered or used by any other person except the
applicant and licensee.
[Ord. 2004-07, 12/7/2004, § 1]
1.
Persons or organizations engaged in door-to-door canvassing on religious
or political subjects or distributing religious or political handbills
shall be exempt from the license requirements of this Part 1. All
such persons, however, shall carry official identification, such as
a driver's license, upon their person at all times and shall exhibit
it upon request of any person to whom the peddler is attempting to
solicit.
2.
The application, license and fee requirements shall be waived by
the Township for persons soliciting or peddling on behalf of organizations
of purely public charities, such as local churches, scout troops,
civic and service organizations, fire companies, athletic organizations
and the like; provided, however, that any such group notifies the
Chief of Police, in writing, in advance of any such solicitation,
setting forth the dates of solicitation within the Township.
[Amended by Ord. No. 2019-06, 5/14/2019]
3.
Persons or organizations engaged in garage/yard sales shall not be
required to comply with the license and fee requirements reserved
for other types of peddlers.
[Added by Ord. No. 2019-06, 5/14/2019]
4.
In accordance
with 53 P.S. § 66532(a)(1), farmers selling their own produce,
or any sale of goods, wares or merchandise donated by the owners thereof,
the proceeds of which are to be applied to any charitable or philanthropic
purpose, or the imposition or collection of any license fee upon insurance
companies or their agents or insurance brokers authorized to transact
business under the insurance laws of this commonwealth, shall be exempt
from the licensing requirements of this Part.
[Added by A.O.]
[Ord. 2004-07, 12/7/2004, § 1]
The Chief of Police is hereby authorized to suspend or revoke
any license issued under this Part 1 for any violation of any of the
provisions of this Part or for giving false information upon any application
for license. The Chief of Police is further authorized to refuse a
license to any person with a prior criminal record and to any other
person who would present a threat of harm or danger to the citizens
of Plumstead Township.
[Ord. 2004-07, 12/7/2004, § 1]
Any person, firm or corporation who shall violate any provision of this Part 1, upon conviction thereof in an action brought before a Magisterial District Judge 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 Part 1 continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
