[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township 11-10-2008 by Ord. No. 1569 (Title 7, Ch. 8, of the 1977 Code); amended in its entirety 6-6-2011 by Ord. No. 1600. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- One who engages in the practice of canvassing, the practice of going from dwelling unit to dwelling unit:
- (1) To conduct surveys for research purposes (other than those conducted by an agency of the state or federal government);
- (2) To make analyses, to take opinion polls, to compile rating data;
- (3) To obtain or seek contributions or donations for any person or organization or cause;
- (4) To advance religious or political causes and proselytizing with regard thereto; and
- (5) To conduct any similar work which, by its nature, involves door-to-door or place-to-place activity, including distribution of circulars, but not for commercial activity of any kind.
- DOOR-TO-DOOR SOLICITATION
- The activity of going onto the premises of other persons, without prior arrangement with the owner or occupant of such premises, for the principal purpose of the sale or taking orders for future sales of any type of tangible goods, including, but not limited to, books, magazines or other periodicals, or to enter into any agreement for the provision of services, or any combination of the sale of goods or provision of services, or the distribution of advertising circulars relating to the sale of goods or provision of services.
- DOOR-TO-DOOR SOLICITOR
- A person engaging in the activity of door-to-door solicitation.
- STREET SALES
- The activity of a person selling any goods from any type of portable stand or table or in a vehicle located on any street, roadway or public right-of-way, except a sidewalk abutting a property of which such person is the owner or a lawful occupant thereof.
Any person or organization intending to engage or to cause persons to engage in the activity of a door-to-door solicitor, as defined in this chapter, prior to commencing such activity shall obtain a permit from the Chief of Police and shall register with the Township's business tax office. Such permit shall be issued only after the person seeking to obtain such permit shall have provided on the application form appropriate information as to the identities and current addresses of all persons that shall be engaged as door-to-door solicitors, which information shall be provided under the penalty of law as provided in 18 Pa.C.S.A. § 4904, and shall have completed such registration. In addition, the applicant shall execute an acknowledgment of receipt of the terms of § 236-5 with respect to private "No Solicitors" or "No Solicitation" signs and shall provide notice to the Upper Moreland Police Department of the approximate neighborhoods and locations in which the activity is to take place; for solicitors who obtain a four-month permit, daily telephone notice of locations of intended activity shall suffice.
Any person engaging in door-to-door solicitation or any organization employing any door-to-door solicitors that shall engage in such activity without obtaining the said permit shall be in violation of this chapter and shall be liable for the penalty as provided in § 236-6.
Permit fees will be $100 per week per solicitor unless the solicitor obtains a four-month permit at $200 per person, or such other fees as are as set from time to time by resolution of the Board of Commissioners.
The terms of this section shall not apply to:
Boys or girls under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy and the like or who represent the Boy Scouts and Girl Scouts or similar organizations and take orders for and deliver cookies and the like.
Persons acting as canvassers, as defined herein.
No person shall engage in any door-to-door solicitation and no canvasser shall enter upon the premises of another person prior to 9:00 a.m. or after 6:00 p.m. No person shall engage in any door-to-door solicitation within the Township on Saturday or Sunday.
No person shall engage in any street sales, as defined in this chapter.
The owners or lawful occupants of any premises within the Township not desiring to have persons enter onto their premises may post on such premises a legible sign stating either "No Solicitors" or "No Solicitations." Any door-to-door solicitor or canvasser who shall enter upon the premises in defiance of such sign shall be in violation of this section and shall be liable to the penalty as provided in § 236-6.
[Amended 11-13-2018 by Ord. No. 1689]
Any person who fails to comply with the provisions of this article shall be issued a Township Notice of Violation by the Upper Moreland Police Department, imposing a fine based on the quantity of notices of violation the person has been issued for the particular violation, in accordance with the amounts set forth in Chapter A370. Should the offender fail to pay the fine or challenge the notice of violation within five days of the date of issuance, the Police Department will rescind it and file a non-traffic citation with the Township Magisterial District Judge.
[Amended 4-1-2019 by Ord. No. 1698]
Upon summary conviction before a Magisterial District Judge, the offender shall be sentenced to pay a fine of no less than $300 nor more than $1,000 per person plus costs of prosecution and the Township's actual attorneys' fees. Each day that a violation of this chapter continues shall be deemed to be a separate offense. Failure to pay any fines, costs and fees imposed may result in imprisonment not to exceed 30 days.