[HISTORY: Adopted by the Board of Commissioners of the Township
of Crescent 9-14-2022 by Ord. No. 589.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 535,
Commercial and Noncommercial Solicitation, Ord. No. 106, passed 3-1-1926, as amended by Ord. No. 447, passed 4-8-1998.
As used in this chapter, the following terms shall have the
meanings indicated:
Any activity which involves any person entering upon private
residential property to sell, offer for sale, or discuss the possible
sale of any goods, commodity, wares, merchandise, products or services
or by going from house to house for such purposes, without having
first procured a permit to do so. "Sell" and "offer for sale" shall
be defined to include any interaction that primarily propose of which
is a commercial transaction.
Any activity which involves entering uninvited upon private
residential property for the purpose of hawking, peddling, huckstering,
or vending in any manner of any goods, commodity, wares, merchandise,
products or services of any kind, advocating, discussing, publishing
or promulgating any religious or political information, opinions,
ideas, causes, or viewpoints, taking surveys or polls, or soliciting
support, donations, membership or action in any form, for any purpose,
from the resident(s) of the property. The term "door-to-door solicitation"
includes, without limitation, both commercial and noncommercial door-to-door
solicitation.
Any activity which involves any person entering upon private
residential property for the purpose of advocating, discussing, publishing
or promulgating any religious or political information, opinions,
ideas, causes, or view points, taking surveys or polls, or soliciting
support, donations, membership or action in any form, for any purpose,
from the resident(s) of the property, or by going house to house for
such purpose.
Commercial solicitation is permitted between the hours of
10:00 a.m. and 7:00 p.m. Noncommercial solicitation is permitted between
the hours of 10:00 a.m. and 9:00 p.m. Solicitation is prohibited at
all other hours and all day on Sundays or other business holidays
recognized as such holidays by the Commonwealth of Pennsylvania.
An individual, partnership, association, joint-stock company,
trust, corporation, government entity, limited liability company,
firm or any other entity.
A.
Activity prohibited unless permitted. It shall be unlawful for any
person or persons to engage or be concerned in the business of hawking,
peddling, huckstering or vending in any manner of any goods, wares,
merchandise or produce of any kind whatsoever, not of their own manufacture
or production, on the streets or highways or from house to house within
the Township without having first taken out and obtained a permit
to so do from the Manager, and having paid the fees hereinafter prescribed
by the said Manager.
B.
Issuance of permits. It shall be the duty of the Manager, upon the
application of any person or persons who may desire to be engaged,
employed or concerned in the business aforesaid, and upon the payment
of the amounts hereinafter specified, to issue a permit to such person
or persons authorizing and allowing them to transact for the period
of one year, or for such other period as may be therein stated from
the date of such permit, the business aforesaid within the limits
of the Township.
C.
Permit fees. Each person, firm or corporation who shall engage in
said business within the Township shall pay to the Manager for the
permit aforesaid such amount as shall be established from time to
time by resolution of the Board of Commissioners.
D.
Exceptions. Nothing herein contained shall be construed to prohibit
farmers and gardeners from selling the production of their own farms,
gardens or dairies, nor shall such farmers or gardeners be required
to take out a permit to do so according to the intent of an Act of
Assembly in such cases made and provided; nor shall this chapter be
construed as to prohibit any merchant, grocer or dealer from delivering
goods purchased at their stores or places of business at the residence
or place of business of the purchaser.
A.
It is a violation of this chapter for any person to engage in door-to-door
solicitation during any time other than the hours set forth herein.
Each day of such violation constitutes a separate violation.
B.
It is a violation of this chapter for any person to engage in commercial
door-to-door solicitation without first having obtained a commercial
door-to-door solicitation permit from the Township Manager. Each day
of such violation constitutes a separate violation.
C.
It is a violation of this chapter for any person to engage in noncommercial
door-to-door solicitation without first having obtained a noncommercial
door-to-door solicitation permit from the Township Manager. Each day
of such violation constitutes a separate violation.
D.
It is a violation of this chapter for any person to engage in any
door-to-door solicitation on any private property posted with "no-solicitation"
signs or listed on the Do Not Knock List. Any such violation will
be considered trespass subject to the criminal laws of the commonwealth
and each day of such violation constitutes a separate violation.
[Amended 11-22-2024 by Ord. No. 603]
A.
Any person may obtain a permit to engage in noncommercial door-to-door
solicitation during daylight hours by filing with the Township Manager
an application for same. The application shall specify:
1.
The full names of all individuals who will be engaging in noncommercial
door-to-door solicitation;
2.
The name and address of the company or organization, if any, sponsoring
or supporting the solicitation;
3.
The dates on which solicitation activities will take place.
4.
The submission
of a valid driver's license or valid state issued identification for
each person involved in the commercial solicitation.
B.
There shall be no fee for a noncommercial door-to-door solicitation
permit.
C.
The permit will be issued immediately upon submission of a completed
application.
D.
The permit applies only to the individuals listed in the application.
E.
The permit expires on the last of the dates of solicitation listed
by the applicant in the application, or within one week from the date
the of issuance, whichever is sooner.
F.
A permit issued upon an application containing false information
is invalid from the date of issuance. Any person who submits false
information on an application for a permit under this chapter violates
this chapter, and is subject to penalties hereunder, in addition to
any penalties and/or punishment under the laws of the Commonwealth
of Pennsylvania for submitting false information to authorities.
G.
The permittee
and any persons soliciting with or on behalf of permittee shall be
required to wear an identification badge provided by the Township
Administrative Office at the time of issuance of the permit.
[Amended 11-22-2024 by Ord. No. 603]
A.
The permit referred to in this section shall be issued upon filing
of a completed application unless the Manager informs the person,
firm, corporation or association in writing and within four days of
the date of application that the Chief of Police can show that the
person, firm, corporation or association is seeking to engage in unsafe,
illegal, fraudulent or criminal activity, or has made a material misrepresentation
on the permit application.
B.
In order to preserve the right of Township residents to enjoy the
peace and tranquility of their homes without unreasonable interruption
or annoyance during times when door-to-door solicitations are most
unwelcome, it shall be unlawful for any person, firm, corporation,
or association to sell or offer for sale any goods, commodity, or
services, or to solicit funds or donations of any kind, in, upon,
or along any of the public streets, alleys, or public places of the
Township of Crescent, or by going from house to house for such purposes
between the hours of 9:00 p.m. and 10:00 a.m. or all day on Sundays
or other business holidays recognized as such holidays by the Commonwealth
of Pennsylvania.
C.
No commercial solicitation shall be done on any private property
posted with "no-solicitation" signs or listed on the Do Not Knock
List, and any such violation will be considered trespass subject to
the criminal laws of the commonwealth.
D.
In addition to the requirements to obtain a permit as set forth in § 535.04, the application for a commercial solicitation permit shall require following:
1.
The submission of an up-to-date criminal background check obtained
by the Pennsylvania State Police for each person involved in the commercial
solicitation.
2.
A brief description of the goods, commodity, or service to be sold
or offered for sale. If the applicant is a business enterprise of
any kind, the application shall also include the official name of
the business, any alternate names under which the enterprise conducts
business, its state of incorporation, its tax identification number,
and its registered address for accepting service of process.
3.
The
submission of a valid driver's license or valid state issued identification
for each person involved in the commercial solicitation.
E.
The permittee and any persons soliciting with or on behalf of permittee
shall be required to wear an identification badge provided by the
Township Administrative Office at the time of issuance of the permit.
The penalty for violating any of the provisions of this chapter shall be in accordance with § 120.07 of the Codified Ordinances of Crescent Township.
In the event any provision of this chapter is determined to
be in conflict with any other provision of this Code or invalid under
prevailing laws of the Commonwealth of Pennsylvania or the United
States, the remaining provisions of this chapter shall continue to
be in effect.
