[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.]
A.
CANVASSER
(1)
(2)
(3)
(4)
(5)
DOOR-TO-DOOR SOLICITATION
DOOR-TO-DOOR SOLICITOR
STREET SALES
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:
To conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
To make analyses, to take opinion polls, to compile rating data;
To obtain or seek contributions or donations for any person
or organization or cause;
To advance religious or political causes and proselytizing with
regard thereto; and
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.
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.
A person engaging in the activity of door-to-door solicitation.
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.
A.
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:
[Amended 7-12-2021 by Ord. No. 1719]
(1)
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.
(2)
In addition, the applicant shall execute an acknowledgment of receipt of the terms of § 236-5 with respect to private "No Solicitors" signs and the Township "Do Not Solicit Registry" and shall provide notice to the Upper Moreland Police Department of the approximate neighborhoods and locations in which the activity is to take place.
(3)
Permit application packets shall be accepted for review and processing by the Chief of Police only when the application packet contains all permit requirements of this chapter, a fully completed permit form and payment of fees in accordance with the fee schedules adopted by the Township and § 236-2 of this chapter. The Chief of Police shall review the application packet within seven calendar days to determine whether or not it is complete. If complete, the application packet shall be deemed "administratively complete" and said permit shall be processed and issued by the Chief of Police in a timely manner. If the permit application packet is incomplete, then it shall be returned to the applicant with the missing information noted through written correspondence. Upon the resubmission of the missing information and a determination that the permit application packet is administratively complete, the Chief of Police shall process and issue said permit in a timely manner.
(4)
The applicant shall not attempt to enter any private property listed
on the Do Not Solicit Registry maintained by the Township. The licensee
shall be provided a dated copy of the registry list at the time of
the submission of their application for license, and the licensee
shall be required to consult with the Township website's listing
of the Do Not Solicit Registry prior to engaging in solicitation,
peddling or distribution under this chapter.
B.
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.
C.
Permit fees will be $50 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.
[Amended 7-12-2021 by Ord. No. 1719]
D.
The terms of this section shall not apply to:
(1)
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.
(2)
Persons acting as canvassers, as defined herein.
[Amended 7-12-2021 by Ord. No. 1719]
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 9:00 p.m., Monday through Sunday.
No person shall engage in any street sales, as defined in this
chapter.
[Amended 7-12-2021 by Ord. No. 1719]
A.
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.
B.
Do Not Solicit Registry.
(1)
The Township shall hereby create and manage a "Do Not Solicit Registry"
for those landowners and residents of the Township who do not wish
to be contacted by nonexempt peddlers, solicitors and distributors
at their properties.
(2)
Any person in lawful possession and occupancy of any residence, house,
apartment, or other dwelling unit in the Township may request to have
their address placed on the Do Not Solicit Registry by submitting
a request, in writing, to the Township Secretary, or registering online,
as provided by the Township. The written or online submission shall
include:
(a)
The name and signature of the person completing the form;
(b)
The complete address of the residence, house, apartment, or
other dwelling to be placed on the Do Not Solicit Registry;
(c)
The date that the form was completed; and
(d)
A statement that the individual, being authorized to do so by
all occupants of the residence, requests that no solicitors or peddlers
enter the above-referenced property or otherwise attempt to solicit,
peddle, or distribute thereon.
(3)
A resident's listing on the Do Not Solicit Registry shall be effective 30 days from the date of their submission of the same to the Township Secretary in writing or online. The listing shall remain on the Do Not Solicit Registry unless and until a request to remove the same is submitted pursuant to Subsection B(4) below.
(4)
Any person in lawful possession and occupancy of any residence, house, apartment, or other dwelling unit in the Township may request to have their address removed from the Do Not Solicit Registry by submitting a request, in writing, to the Township Secretary or online, as provided by the Township. Such request shall include all of the information set forth in Subsection B(2) above, together with an affirmative statement that the individual, being authorized to do so, requests that the property be removed from the Do Not Solicit Registry.
(5)
It is noted that the prohibition against nonexempt solicitors, peddlers
or distributors entering properties on the Do Not Solicit Registry
shall be in addition to (not in place of) the prohibition against
such individuals soliciting, peddling, or distributing on properties
displaying "No Soliciting" or other similar sign or signs.
[Amended 11-13-2018 by Ord. No. 1689]
A.
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]
B.
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.
