[HISTORY: Adopted by the Board of Commissioners
of the Township of Marple 12-13-2010 by Ord. No. 2010-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Food handlers — See Ch. 150.
Food-vending machines and vehicles — See Ch. 153.
Noise — See Ch. 185.
[1]
Editor's Note: This ordinance also repealed former Ch. 200,
Peddlers and Solicitors, adopted 7-12-1971 as Ch. 61 of the 1971 Code,
as amended.
A.
Words and terms defined. As used in this chapter, the following terms
shall have the meanings indicated:
- PEDDLER
- Any person who shall engage in peddling, as herein defined.
- PEDDLING
- The selling or offering for sale of any goods, wares, merchandise or services for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his or her possession or control or offers to immediately provide to any person, homeowner or business in the Township.
- PERSON
- Any natural person, association, partnership, firm or corporation.
- SOLICITOR
- Any person who shall engage in soliciting, as herein defined.
- (1) The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, or for services to be performed for any person, homeowner, or business in the Township on a temporary basis.
- (2) The soliciting of membership, money and/or property by or on behalf of charitable organizations from any person, homeowner, or business in the Township, either from house to house or from a fixed location.
- TOWNSHIP
- The Township of Marple, Delaware County, Pennsylvania.
B.
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township
without first having obtained without having registered and obtained
a license from the Township Police Department.
A.
Any person desiring to engage in soliciting or peddling in the Township
shall submit in person a written application to the Marple Township
Police Department on a form furnished by the Marple Township Police
Department, together with a copy of the applicant's criminal
history and any other report or information required by the Marple
Township Police Department.
B.
If any additional license or permit is also required from any state
or county officer, including a license from the Commonwealth of Pennsylvania
for the collection and distribution of sales tax on all taxable items,
the applicant shall, when making such application, provide the Township
with proof of the current and valid issuance of each such license
and/or permit.
C.
The application shall include the following information:
(1)
The applicant's name, address and phone number;
(2)
The name, address and phone number of the person, corporation or
other entity by whom or by which he is employed or represents;
(3)
The applicant's criminal history report, obtained from the Commonwealth
of Pennsylvania and dated no more than 90 days before the date of
the application;
(4)
The type of goods, wares and/or merchandise services he wishes to
peddle, solicit and/or deal with or the subscription, article, device,
contribution, service or contract for which he desires to sell or
for which he wishes to peddle or solicit within the Township;
(5)
The length of time and dates of the peddling or solicitation for
which the license is to be issued; and
(6)
The make, model, and license plate of each vehicle to be used by
the applicant, if any.
D.
Whenever a group or organization desires to utilize more than one
person for peddling or soliciting purposes in the Township, each such
person shall make separate application under this chapter and shall
do so in person. Each person to be engaged in peddling or soliciting
shall make separate application under this chapter and shall do so
in person. All applicable personal information specified above shall
be given for each such person, including required proof of identity,
and an individual license shall be required for each such person to
be engaged in peddling or soliciting.
E.
Licenses issued under this chapter are not transferable from one
person to another.
F.
Applications for charitable solicitation shall include a copy of
the charitable organization's current certification or other
proof of current registration with the Commonwealth of Pennsylvania,
Department of State, Bureau of Charitable Organizations.
No permit or license shall be issued under this chapter until
the proper fees are paid to the Township Treasurer, receipt for which
may be given by the Township Treasurer, Township Manager or any authorized
member of the Marple Township Police Department. Such fee shall be
as set from time to time by resolution of the Board of Commissioners
per year per person if the person is walking from door to door, and
as set from time to time by resolution of the Board of Commissioners
per year per person if the person is operating from a vehicle.
A.
Upon receipt of such application and the prescribed fee, the Marple
Township Police Department, or such other official as may be designated
by the Board of Commissioners, shall review the application. If such
application is found by the applicable Township official to be complete
and in proper order, said Township official shall issue the license
required by this chapter within 10 days from the completed filing
of said application. The license shall contain the information required
to be provided on the application. Such license shall include a picture
of the applicant to whom the license is issued, if the Township elects
to so require.
B.
Every such license holder shall display openly the license upon his
person if engaged in peddling or solicitation from house to house
or business to business and also shall display the license at every
location where he shall engage in business if doing so from a fixed
location.
C.
The Marple Township Police Department shall not issue a peddling
or soliciting license to any applicant who, within 10 years prior
to the date of the application, has either been convicted of any felony,
been convicted of any misdemeanor involving moral turpitude or served
a sentence or period of probation for any felony or for any misdemeanor
involving moral turpitude within 10 years prior to the date of the
application.
Every person licensed to solicit or peddle in the Township shall
report in person on those days on which he intends to solicit or peddle
and register with the Marple Township Police Department by signing
a registration book, indicating his name and license number.
Every person to whom a license has been issued under this chapter
shall, in the conduct of his activities, comply with the following
rules of conduct:
A.
He shall display openly his license at all times and exhibit it,
upon request, to any police officer or Township official or to any
person on whom he shall call or with whom he shall talk.
B.
He shall not permit any person to have possession of his license
and shall immediately report its loss to the Marple Township Police
Department.
C.
He shall not cause or permit his license to be defaced or altered
in any way.
D.
He shall not enter or attempt to enter any dwelling without the invitation
or permission of the occupants and shall immediately leave any premises
upon request of the occupant.
E.
He shall not be guilty of any false pretense or misrepresentation,
and, particularly, he shall not represent his license to be an endorsement
by the Township (or its agents, servants, workmen or employees) of
such peddler or solicitor, his goods, the services of him or his employer
nor the organization he may represent.
F.
He shall immediately surrender his license to the Superintendent
of the Marple Township Police Department, or their designee, upon
expiration or revocation thereof.
G.
He shall not engage in selling or offering for sale, or in seeking
or taking of orders or contracts for, any goods, wares, merchandise,
article, device, subscription, contribution, service or contract not
stated in the application for which a license has been issued, nor
shall any person use any vehicle for soliciting or peddling other
than the vehicle registered upon his license.
H.
No person engaged in soliciting or peddling shall hawk or cry his
goods, wares, merchandise, offers, contracts or services upon any
of the streets or sidewalks of the Township, nor shall be use any
loudspeaker, except when the street is closed for a special event
and a license for the said soliciting or peddling has been duly issued
by the Township.
I.
No person engaged in soliciting or peddling shall hawk or cry his
goods, wares, merchandise, offers, contracts or services upon any
of the streets or sidewalks of the township, nor shall be use any
loudspeaker or horn or any other device for announcing his presence
by which members of the public are annoyed.
J.
No person engaged in soliciting or peddling shall park any vehicle
upon any of the streets or alleys of the Township in order to sort,
rearrange or clean any of his goods, wares or merchandise or samples,
order books, contracts, circulars, literature or advertising matter
pertaining thereto; nor shall any such person place or deposit any
refuse upon any such streets or alleys or sanitary or storm sewers;
nor shall any such person maintain or keep a street or curbstone market
by parking any vehicle upon any street or alley in the Township for
longer than necessary in order to solicit from or peddle to persons
residing or businesses located in the immediate vicinity.
K.
No person engaged in soliciting or peddling shall occupy any fixed
location upon any of the streets or alleys or sidewalks of the Township
for the purpose of soliciting or peddling with or without any stand
or counter.
Upon the failure of the licensee to comply with the rules of conduct established by § 200-7 or any other provision of this chapter or upon ascertainment that the licensee has made any false statement in his application for license hereunder, any license issued pursuant to this chapter shall be revoked by the Superintendent of the Marple Township Police Department or his designee. Notice of revocation shall be given by written notice, personally served or sent by certified mail, to the address designated for this purpose in the application for a license. The revocation shall be effective immediately upon issuance of the said notice of revocation by Superintendent of the Marple Township Police Department.
Any other provisions of this chapter to the contrary notwithstanding, any person, corporation, partnership or association, and the agents and employees thereof, who or which has complied with the provisions of and can exhibit satisfactory evidence of compliance with the Pennsylvania Solicitation of Funds for Charitable Purposes Act, 10 P. S. § 162.1 et seq., as amended, or Section 501(c), 501(d) and/or 509(a) of the Internal Revenue Code or any other statute of like nature of the Commonwealth of Pennsylvania or the United States governing solicitation for charitable, benevolent, patriotic or any purposes or who or which is soliciting for any civic, religious or charitable organizations representative of any public school, student, church, fire company, veterans' organization or similar institution shall be permitted, in lieu of the registration heretofore required, to register his or its solicitors and peddlers acting for and on behalf of such organization or association by the submission of the names and addresses (and pictures if requested) of all persons acting for and on behalf of such organization, together with a certification by the person submitting such list that all of the persons whose names appear on such lists are members of such organization and/or are acting on its behalf and have no criminal record as provided in § 200-5C hereof. Such group registrations shall be exempt from the fee provided herein.
The following organizations and activities shall not be required
to register or pay the fee set forth herein. All other provisions
of this chapter shall apply to said persons, organizations and activities:
A.
The terms of this chapter shall not be held to include the acts of
merchants or their employees or agents in delivering goods or services
in the regular course of business.
B.
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 200-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
C.
Persons soliciting funds or canvassing for purposes permitted under
the Act of 1937, June 3, P.L. 1333 (25 P.S. § 2601 et seq.),
as amended (Pennsylvania Election Code).
D.
Authorized persons, carrying satisfactory identification, engaged
in making surveys or collecting information for the federal, state,
county or Township government, or any agency thereof.
A.
Commercial soliciting and peddling shall be limited to the hours
of 9:00 a.m. to 6:00 p.m. Monday through Friday in residential areas
and during regular business hours in commercial areas.
B.
Charitable soliciting, and soliciting, peddling and other activities by the organizations and individuals exempt from registration under § 200-10 of this Chapter shall be limited to the hours of 9:00 a.m. to 9:00 p.m. Monday through Friday, 9:00 a.m. to 7:00 p.m. Saturdays, and 12:00 noon to 5:00 p.m. Sundays and holidays.
It is hereby declared to be unlawful and a public nuisance for
any person, company, corporation or organization to enter upon the
premises of a private residence or business at any time of the day
or night for the purpose of conducting any form of soliciting or peddling
where the owner or occupant of the residence or business has posted
a "No Trespassing" sign or a "No Soliciting" sign, or upon any property
duly registered by the occupant/possessor thereof on the Township
"Do Not Solicit" list, which shall be maintained by the Superintendent
of the Marple Township Police Department and a copy provided to the
applicant with the license.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $1,000, plus costs of prosecution, and in default of payment
of such fine and costs by imprisonment for not more than 30 days.
Each and every day in which any person, firm or corporation shall
be in violation of this chapter shall constitute a separate offense.
